RIGHT OF INSTRUCTION.

"The freedom of speech and of the press, and the right of the people

peaceably to assemble and consult for the common good, and to apply to

the Government for a redress of grievances," being the clause under

consideration, Mr. TUCKER, of South Carolina, moved to add thereto these

words--_to instruct their representatives_.

Mr. HARTLEY wished the motion had not been made, for gentlemen

acquainted with the circumstances of this country, and the history of

the country from which we separated, differed exceedingly on this

point. The members of the House of Representatives, said he, are chosen

for two years, the members of the Senate for six.

According to the principles laid down in the Constitution, it is

presumable that the persons elected know the interests and the

circumstances of their constituents, and being checked in their

determinations by a division of the Legislative power into two branches,

there is little danger of error. At least it ought to be supposed that

they have the confidence of the people during the period for which they

are elected; and if, by misconduct, they forfeit it, their constituents

have the power of leaving them out at the expiration of that time--thus

they are answerable for the part they have taken in measures that may be

contrary to the general wish.

Representation is the principle of our Government; the people ought to

have confidence in the honor and integrity of those they send forward to

transact their business; their right to instruct them is a problematical

subject. We have seen it attended with bad consequences, both in England

and America. When the passions of the people are excited, instructions

have been resorted to and obtained, to answer party purposes; and

although the public opinion is generally respectable, yet at such

moments it has been known to be often wrong; and happy is that

Government composed of men of firmness and wisdom to discover, and

resist popular error.

If, in a small community, where the interests, habits, and manners are

neither so numerous nor diversified, instructions bind not, what shall

we say of instructions to this body? Can it be supposed that the

inhabitants of a single district in a State, are better informed with

respect to the general interests of the Union, than a select body

assembled from every part? Can it be supposed that a part will be more

desirous of promoting the good of the whole than the whole will of the

part? I apprehend, sir, that Congress will be the best judges of proper

measures, and that instructions will never be resorted to but for party

purposes, when they will generally contain the prejudices and acrimony

of the party, rather than the dictates of honest reason and sound

policy.

In England this question has been considerably agitated. The

representatives of some towns in Parliament have acknowledged, and

submitted to the binding force of instructions, while the majority have

thrown off the shackles with disdain. I would not have this precedent

influence our decision; but let the doctrine be tried upon its own

merits, and stand or fall as it shall be found to deserve.

It appears to my mind, that the principle of representation is distinct

from an agency, which may require written instructions. The great end of

meeting is to consult for the common good; but can the common good be

discerned without the object is reflected and shown in every light. A

local or partial view does not necessarily enable any man to comprehend

it clearly; this can only result from an inspection into the aggregate.

Instructions viewed in this light will be found to embarrass the best

and wisest men. And were all the members to take their seats in order to

obey instructions, and those instructions were as various as it is

probable they would be, what possibility would there exist of so

accommodating each to the other as to produce any act whatever? Perhaps

a majority of the whole might not be instructed to agree to any one

point, and is it thus the people of the United States propose to form a

more perfect union, provide for the common defence, and promote the

general welfare?

Sir, I have known within my own time so many inconveniences and real

evils arise from adopting the popular opinions on the moment, that,

although I respect them as much as any man, I hope this Government will

particularly guard against them, at least that they will not bind

themselves by a constitutional act, and by oath, to submit to their

influence; if they do, the great object which this Government has been

established to attain, will inevitably elude our grasp on the uncertain

and veering winds of popular commotion.

Mr. PAGE.--The gentleman from Pennsylvania tells you, that in England

this principle is doubted; how far this is consonant with the nature of

the Government I will not pretend to say; but I am not astonished to

find that the administrators of a monarchical Government are

unassailable by the weak voice of the people; but under a democracy,

whose great end is to form a code of laws congenial with the public

sentiment, the popular opinion ought to be collected and attended to.

Our present object is, I presume, to secure to our constituents and to

posterity these inestimable rights. Our Government is derived from the

people; of consequence the people have a right to consult for the common

good; but to what end will this be done, if they have not the power of

instructing their representatives? Instruction and representation in a

republic, appear to me to be inseparably connected; but were I the

subject of a monarch, I should doubt whether the public good did not

depend more upon the prince's will than the will of the people. I should

dread a popular assembly consulting for the public good, because, under

its influence, commotions and tumults might arise that would shake the

foundation of the monarch's throne, and make the empire tremble in

expectation. The people of England have submitted the crown to the

Hanover family, and have rejected the Stuarts. If instructions upon such

a revolution were considered binding, it is difficult to know what would

have been the effects. It might be well, therefore, to have the doctrine

exploded from that kingdom; but it will not be advanced as a substantial

reason in favor of our treading in the same steps.

The honorable gentleman has said, that when once the people have chosen

a representative, they must rely on his integrity and judgment during

the period for which he is elected. I think, sir, to doubt the authority

of the people to instruct their representatives, will give them just

cause to be alarmed for their fate. I look upon it as a dangerous

doctrine, subversive of the great end for which the United States have

confederated. Every friend of mankind, every well-wisher of his country,

will be desirous of obtaining the sense of the people on every occasion

of magnitude; but how can this be so well expressed as in instructions

to their representatives? I hope, therefore, that gentlemen will not

oppose the insertion of it in this part of the report.

Mr. CLYMER.--I hope the amendment will not be adopted; but if our

constituents choose to instruct us, that they may be left at liberty to

do so. Do gentlemen foresee the extent of these words? If they have a

constitutional right to instruct us, it infers that we are bound by

those instructions; and as we ought not to decide constitutional

questions by implication, I presume we shall be called upon to go

further, and expressly declare the members of the Legislature bound by

the instruction of their constituents. This is a most dangerous

principle, utterly destructive of all ideas of an independent and

deliberative body, which are essential requisites in the Legislatures of

free Governments; they prevent men of abilities and experience from

rendering those services to the community that are in their power,

destroying the object contemplated by establishing an efficient General

Government, and rendering Congress a mere passive machine.

Mr. SHERMAN.--It appears to me, that the words are calculated to mislead

the people, by conveying an idea that they have a right to control the

debates of the Legislature. This cannot be admitted to be just, because

it would destroy the object of their meeting. I think, when the people

have chosen a representative, it is his duty to meet others from the

different parts of the Union, and consult, and agree with them to such

acts as are for the general benefit of the whole community. If they were

to be guided by instructions, there would be no use in deliberation; all

that a man would have to do, would be to produce his instructions, and

lay them on the table, and let them speak for him. From hence I think it

may be fairly inferred, that the right of the people to consult for the

common good can go no further than to petition the Legislature, or apply

for a redress of grievances. It is the duty of a good representative to

inquire what measures are most likely to promote the general welfare,

and, after he has discovered them, to give them his support. Should his

instructions, therefore, coincide with his ideas on any measure, they

would be unnecessary; if they were contrary to the conviction of his own

mind, he must be bound by every principle of justice to disregard them.

Mr. JACKSON was in favor of the right of the people to assemble and

consult for the common good; it had been used in this country as one of

the best checks on the British Legislature in their unjustifiable

attempts to tax the colonies without their consent. America had no

representatives in the British Parliament, therefore they could instruct

none, yet they exercised the power of consultation to a good effect. He

begged gentlemen to consider the dangerous tendency of establishing such

a doctrine; it would necessarily drive the House into a number of

factions. There might be different instructions from every State, and

the representation from each State would be a faction to support its own

measures.

If we establish this as a right, we shall be bound by those

instructions; now, I am willing to leave both the people and

representatives to their own discretion on this subject. Let the people

consult and give their opinion; let the representative judge of it; and

if it is just, let him govern himself by it as a good member ought to

do; but if it is otherwise, let him have it in his power to reject their

advice.

What may be the consequence of binding a man to vote in all cases

according to the will of others? He is to decide upon a constitutional

point, and on this question his conscience is bound by the obligation of

a solemn oath; you now involve him in a serious dilemma. If he votes

according to his conscience, he decides against his instructions; but in

deciding against his instructions, he commits a breach of the

constitution, by infringing the prerogative of the people, secured to

them by this declaration. In short, it will give rise to such a variety

of absurdities and inconsistencies, as no prudent Legislature would wish

to involve themselves in.

Mr. GERRY.--By the checks provided in the constitution, we have good

grounds to believe that the very framers of it conceived that the

Government would be liable to maladministration, and I presume that the

gentlemen of this House do not mean to arrogate to themselves more

perfection than human nature has as yet been found to be capable of; if

they do not, they will admit an additional check against abuses which

this, like every other Government, is subject to. Instruction from the

people will furnish this in a considerable degree.

It has been said that the amendment proposed by the honorable gentleman

from South Carolina (Mr. TUCKER) determines this point, "that the people

can bind their representatives to follow their instructions." I do not

conceive that this necessarily follows. I think the representative,

notwithstanding the insertion of these words, would be at liberty to act

as he pleased; if he declined to pursue such measures as he was directed

to attain, the people would have a right to refuse him their suffrages

at a future election.

Now, though I do not believe the amendment would bind the

representatives to obey the instructions, yet I think the people have a

right both to instruct and bind them. Do gentlemen conceive that on any

occasion instructions would be so general as to proceed from all our

constituents? If they do, it is the sovereign will; for gentlemen will

not contend that the sovereign will presides in the Legislature. The

friends and patrons of this constitution have always declared that the

sovereignty resides in the people, and that they do not part with it on

any occasion; to say the sovereignty vests in the people and that they

have not a right to instruct and control their representatives is absurd

to the last degree. They must either give up their principle, or grant

that the people have a right to exercise their sovereignty to control

the whole Government, as well as this branch of it. But the amendment

does not carry the principle to such an extent, it only declares the

right of the people to send instructions; the representative will, if he

thinks proper, communicate his instructions to the House, but how far

they shall operate on his conduct, he will judge for himself.

The honorable gentleman from Georgia (Mr. JACKSON) supposes that

instructions will tend to generate factions in this House; but he did

not see how it could have that effect, any more than the freedom of

debate had. If the representative entertains the same opinion with his

constituents, he will decide with them in favor of the measure; if other

gentlemen, who are not instructed on this point, are convinced by

argument that the measure is proper, they will also vote with them;

consequently the influence of debate and of instruction is the same.

The gentleman says further, that the people have the right of

instructing their representatives; if so, why not declare it? Does he

mean that it shall lie dormant and never be exercised? If so, it will be

a right of no utility. But much good may result from a declaration in

the constitution that they possess this privilege; the people will be

encouraged to come forward with their instructions, which will form a

fund of useful information for the Legislature. We cannot, I apprehend,

be too well informed of the true state, condition, and sentiment of our

constituents, and perhaps this is the best mode in our power of

obtaining information. I hope we shall never shut our ears against that

information which is to be derived from the petitions and instructions

of our constituents. I hope we shall never presume to think that all the

wisdom of this country is concentrated within the walls of this House.

Men, unambitious of distinctions from their fellow-citizens, remain

within their own domestic walk, unheard of and unseen, possessing all

the advantages resulting from a watchful observance of public men and

public measures, whose voice, if we would descend to listen to it, would

give us knowledge superior to what could be acquired amidst the cares

and bustles of a public life; let us then adopt the amendment, and

encourage the diffident to enrich our stock of knowledge with the

treasure of their remarks and observations.

Mr. MADISON.--I think the committee acted prudently in omitting to

insert these words in the report they have brought forward; if,

unfortunately, the attempt of proposing amendments should prove

abortive, it will not arise from the want of a disposition in the

friends of the constitution to do what is right with respect to securing

the rights and privileges of the people of America, but from the

difficulties arising from discussing and proposing abstract propositions

of which the judgment may not be convinced. I venture to say, that if we

confine ourselves to an enumeration of simple, acknowledged principles,

the ratification will meet with but little difficulty. Amendments of a

doubtful nature will have a tendency to prejudice the whole system; the

proposition now suggested partakes highly of this nature. It is doubted

by many gentlemen here; it has been objected to in intelligent

publications throughout the Union; it is doubted by many members of the

State Legislatures. In one sense this declaration is true, in many

others it is certainly not true; in the sense in which it is true, we

have asserted the right sufficiently in what we have done; if we mean

nothing more than this, that the people have a right to express and

communicate their sentiments and wishes, we have provided for it

already. The right of freedom of speech is secured; the liberty of the

press is expressly declared to be beyond the reach of this Government;

the people may therefore publicly address their representatives, may

privately advise them, or declare their sentiments by petition to the

whole body; in all these ways they may communicate their will. If

gentlemen mean to go further, and to say that the people have a right to

instruct their representatives in such a sense as that the delegates are

obliged to conform to those instructions, the declaration is not true.

Suppose they instruct a representative, by his vote, to violate the

constitution; is he at liberty to obey such instructions? Suppose he is

instructed to patronize certain measures, and from circumstances known

to him, but not to his constituents, he is convinced that they will

endanger the public good; is he obliged to sacrifice his own judgment to

them? Is he absolutely bound to perform what he is instructed to do?

Suppose he refuses, will his vote be the less valid, or the community be

disengaged from that obedience which is due to the laws of the Union? If

his vote must inevitably have the same effect, what sort of a right is

this in the constitution, to instruct a representative who has a right

to disregard the order, if he pleases? In this sense the right does not

exist, in the other sense it does exist, and is provided largely for.

The honorable gentleman from Massachusetts asks if the sovereignty is

not with the people at large. Does he infer that the people can, in

detached bodies, contravene an act established by the whole people? My

idea of the sovereignty of the people is, that the people can change the

constitution if they please; but while the constitution exists, they

must conform themselves to its dictates. But I do not believe that the

inhabitants of any district can speak the voice of the people; so far

from it, their ideas may contradict the sense of the whole people; hence

the consequence that instructions are binding on the representative is

of a doubtful, if not of a dangerous nature. I do not conceive,

therefore, that it is necessary to agree to the proposition now made; so

far as any real good is to arise from it, so far that real good is

provided for; so far as it is of a doubtful nature, so far it obliges us

to run the risk of losing the whole system.

Mr. SMITH, (of South Carolina.)--I am opposed to this motion, because I

conceive it will operate as a partial inconvenience to the more distant

States. If every member is to be bound by instructions how to vote, what

are gentlemen from the extremities of the continent to do? Members from

the neighboring States can obtain their instructions earlier than those

from the Southern ones, and I presume that particular instructions will

be necessary for particular measures; of consequence, we vote perhaps

against instructions on their way to us, or we must decline voting at

all. But what is the necessity of having a numerous representation? One

member from a State can receive the instructions, and by his vote answer

all the purposes of many, provided his vote is allowed to count for the

proportion the State ought to send; in this way the business might be

done at a less expense than having one or two hundred members in the

House, which had been strongly contended for yesterday.

Mr. STONE.--I think the clause would change the Government entirely;

instead of being a Government founded upon representation, it would be a

democracy of singular properties.

I differ from the gentleman from Virginia (Mr. MADISON), if he thinks

this clause would not bind the representative; in my opinion, it would

bind him effectually, and I venture to assert, without diffidence, that

any law passed by the Legislature would be of no force, if a majority of

the members of this House were instructed to the contrary, provided the

amendment became part of the constitution. What would follow from this?

Instead of looking in the code of laws passed by Congress, your

Judiciary would have to collect and examine the instructions from the

various parts of the Union. It follows very clearly from hence, that the

Government would be altered from a representative one to a democracy,

wherein all laws are made immediately by the voice of the people.

This is a power not to be found in any part of the earth except among

the Swiss cantons; there the body of the people vote upon the laws, and

give instructions to their delegates. But here we have a different form

of Government; the people at large are not authorized under it to vote

upon the law, nor did I ever hear that any man required it. Why, then,

are we called upon to propose amendments subversive of the principles

of the constitution, which were never desired?

Several members now called for the question, and the Chairman being

about to put the same:

Mr. GERRY.--Gentlemen seem in a great hurry to get this business

through. I think, Mr. Chairman, it requires a further discussion; for my

part, I had rather do less business and do it well, than precipitate

measures before they are fully understood.

The honorable gentleman from Virginia (Mr. MADISON) stated, that if the

proposed amendments are defeated, it will be by the delay attending the

discussion of doubtful propositions; and he declares this to partake of

that quality. It is natural, sir, for us to be fond of our own work. We

do not like to see it disfigured by other hands. That honorable

gentleman brought forward a string of propositions; among them was the

clause now proposed to be amended: he is no doubt ready for the

question, and determined not to admit what we think an improvement. The

gentlemen who were on the committee, and brought in the report, have

considered the subject, and are also ripe for a decision. But other

gentlemen may crave a like indulgence. Is not the report before us for

deliberation and discussion, and to obtain the sense of the House upon

it; and will not gentlemen allow us a day or two for these purposes,

after they have forced us to proceed upon them at this time? I appeal to

their candor and good sense on the occasion, and am sure not to be

refused; and I must inform them now, that they may not be surprised

hereafter, that I wish all the amendments proposed by the respective

States to be considered. Gentlemen say it is necessary to finish the

subject, in order to reconcile a number of our fellow-citizens to the

Government. If this is their principle, they ought to consider the

wishes and intentions which the convention has expressed for them; if

they do this, they will find that they expect and wish for the

declaration proposed by the honorable gentleman over the way (Mr.

TUCKER), and, of consequence, they ought to agree to it; and why it,

with others recommended in the same way, were not reported, I cannot

pretend to say; the committee know this best themselves.

The honorable gentleman near me (Mr. STONE) says, that the laws passed

contrary to instruction will be nugatory. And other gentlemen ask, if

their constituents instruct them to violate the constitution, whether

they must do it. Sir, does not the constitution declare that all laws

passed by Congress are paramount to the laws and constitutions of the

several States; if our decrees are of such force as to set aside the

State laws and constitutions, certainly they may be repugnant to any

instructions whatever, without being injured thereby. But can we

conceive that our constituents would be so absurd as to instruct us to

violate our oath, and act directly contrary to the principles of a

Government ordained by themselves? We must look upon them to be

absolutely abandoned and false to their own interests, to suppose them

capable of giving such instructions.

If this amendment is introduced into the constitution, I do not think we

shall be much troubled with instructions; a knowledge of the right will

operate to check a spirit that would render instruction necessary.

The honorable gentleman from Virginia asked, will not the affirmative of

a member who votes repugnant to his instructions bind the community as

much as the votes of those who conform? There is no doubt, sir, but it

will; but does this tend to show that the constituent has no right to

instruct? Surely not. I admit, sir, that instructions contrary to the

constitution ought not to bind, though the sovereignty resides in the

people. The honorable gentleman acknowledges that the sovereignty vests

there; if so, it may exercise its will in any case not inconsistent with

a previous contract. The same gentleman asks if we are to give the power

to the people in detached bodies to contravene the Government while it

exists. Certainly not; nor does the proposed proposition extend to that

point; it is only intended to open for them a convenient mode in which

they may convey their sense to their agents. The gentleman therefore

takes for granted what is inadmissible, that Congress will always be

doing illegal things, and make it necessary for the sovereign to declare

its pleasure.

He says the people have a right to alter the constitution, but they have

no right to oppose the Government. If, while the Government exists, they

have no right to control it, it appears they have divested themselves of

the sovereignty over the constitution. Therefore, our language, with our

principles, must change, and we ought to say that the sovereignty

existed in the people previous to the establishment of this Government.

This will be ground for alarm indeed, if it is true; but I trust, sir,

too much to the good sense of my fellow-citizens ever to believe that

the doctrine will generally obtain in this country of freedom.

Mr. VINING.--If, Mr. Chairman, there appears on one side too great an

urgency to despatch this business, there appears on the other an

unnecessary delay and procrastination equally improper and unpardonable.

I think this business has been already well considered by the House, and

every gentleman in it; however, I am not for an unseemly expedition.

Mr. LIVERMORE was not very anxious whether the words were inserted or

not, but he had a great deal of doubt on the meaning of this whole

amendment; it provides that the people may meet and consult for the

common good. Does this mean a part of the people in a township or

district, or does it mean the representatives in the State Legislatures?

If it means the latter, there is no occasion for a provision that the

Legislature may instruct the members of this body.

In some States the representatives are chosen by districts. In such

case, perhaps, the instructions may be considered as coming from the

district; but in other States, each representative is chosen by the

whole people. In New Hampshire it is the case; the instructions of any

particular place would have but little weight, but a legislative

instruction would have considerable influence upon each representative.

If, therefore, the words mean that the Legislature may instruct, he

presumed it would have considerable effect, though he did not believe it

binding. Indeed, he was inclined to pay a deference to any information

he might receive from any number of gentlemen, even by a private letter;

but as for full binding force, no instructions contained that quality.

They could not, nor ought they to have it, because different parties

pursue different measures; and it might be expedient, nay, absolutely

necessary, to sacrifice them in mutual concessions.

The doctrine of instructions would hold better in England than here,

because the boroughs and corporations might have an interest to pursue

totally immaterial to the rest of the kingdom; in that case, it would be

prudent to instruct their members in Parliament.

Mr. GERRY wished the constitution amended without his having any hand in

it; but if he must interfere, he would do his duty. The honorable

gentleman from Delaware had given him an example of moderation and

laconic and consistent debate that he meant to follow; and would just

observe to the worthy gentleman last up, that several States had

proposed the amendment, and among the rest, New Hampshire.

There was one remark which escaped him, when he was up before. The

gentleman from Maryland (Mr. STONE) had said that the amendment would

change the nature of the Government, and make it a democracy. Now he had

always heard that it was a democracy; but perhaps he was misled, and the

honorable gentleman was right in distinguishing it by some other

appellation; perhaps an aristocracy was a term better adapted to it.

Mr. SEDGWICK opposed the idea of the gentleman from New Hampshire, that

the State Legislature had the power of instructing the members of this

House; he looked upon it as a subornation of the rights of the people to

admit such an authority. We stand not here, said he, the representatives

of the State Legislatures, as under the former Congress, but as the

representatives of the great body of the people. The sovereignty, the

independence, and the rights of the States are intended to be guarded by

the Senate; if we are to be viewed in any other light, the greatest

security the people have for their rights and privileges is destroyed.

But with respect to instructions, it is well worthy of consideration how

they are to be procured. It is not the opinion of an individual that is

to control my conduct: I consider myself as the representative of the

whole Union. An individual may give me information, but his sentiments

may he in opposition to the sense of the majority of the people. If

instructions are to be of any efficacy, they must speak the sense of the

majority of the people, at least of a State. In a State so large as

Massachusetts it will behoove gentlemen to consider how the sense of the

majority of the freemen is to be obtained and communicated. Let us take

care to avoid the insertion of crude and indigested propositions, more

likely to produce acrimony than that spirit of harmony which we ought to

cultivate.

Mr. LIVERMORE said that he did not understand the honorable gentleman,

or was not understood by him; he did not presume peremptorily to say

what degree of influence the legislative instructions would have on a

representative. He knew it was not the thing in contemplation here; and

what he had said respected only the influence it would have on his

private judgment.

Mr. AMES said there would be a very great inconvenience attending the

establishment of the doctrine contended for by his colleague. Those

States which had selected their members by districts would have no right

to give them instructions, consequently the members ought to withdraw;

in which case the House might be reduced below a majority, and not be

able, according to the constitution, to do any business at all.

According to the doctrine of the gentleman from New Hampshire, one part

of the Government would be annihilated; for of what avail is it that the

people have the appointment of a representative, if he is to pay

obedience to the dictates of another body?

Several members now rose, and called for the question.

Mr. PAGE was sorry to see gentlemen so impatient; the more so, as he saw

there was very little attention paid to any thing that was said; but he

would express his sentiments if he was only heard by the Chair. He

discovered clearly, notwithstanding what had been observed by the most

ingenious supporters of the opposition, that there was an absolute

necessity for adopting the amendment. It was strictly compatible with

the spirit and the nature of the Government; all power vests in the

people of the United States; it is therefore a Government of the people,

a democracy. If it were consistent with the peace and tranquillity of

the inhabitants, every freeman would have a right to come and give his

vote upon the law; but, inasmuch as this cannot be done, by reason of

the extent of territory, and some other causes, the people have agreed

that their representatives shall exercise a part of their authority. To

pretend to refuse them the power of instructing their agents, appears to

me to deny them a right. One gentleman asks how the instructions are to

be collected. Many parts of this country have been in the practice of

instructing their representatives; they found no difficulty in

communicating their sense. Another gentleman asks if they were to

instruct us to make paper money, what we would do. I would tell them,

said he, it was unconstitutional; alter that, and we will consider on

the point. Unless laws are made satisfactory to the people, they will

lose their support, they will be abused or done away; this tends to

destroy the efficiency of the Government.

It is the sense of several of the conventions that this amendment should

take place; I think it my duty to support it, and fear it will spread an

alarm among our constituents if we decline to do it.

Mr. WADSWORTH.--Instructions have frequently been given to the

representatives of the United States; but the people did not claim as a

right that they should have any obligation upon the representatives; it

is not right that they should. In troublous times, designing men have

drawn the people to instruct the representatives to their harm; the

representatives have, on such occasions, refused to comply with their

instructions. I have known, myself, that they have been disobeyed, and

yet the representative was not brought to account for it; on the

contrary he was caressed and re-elected, while those who have obeyed

them, contrary to their private sentiments, have ever after been

despised for it. Now, if people considered it an inherent right in them

to instruct their representatives, they would have undoubtedly punished

the violation of them. I have no idea of instructions, unless they are

obeyed; a discretional power is incompatible with them.

Mr. BURKE.--I am not positive with respect to the particular expression

in the declaration of rights of the people of Maryland, but the

constitutions of Massachusetts, Pennsylvania, and North Carolina, all of

them recognize, in express terms, the right of the people to give

instruction to their representatives. I do not mean to insist

particularly upon this amendment; but I am very well satisfied that

those that are reported and likely to be adopted by this House are very

far from giving satisfaction to our constituents; they are not those

solid and substantial amendments which the people expect; they are

little better than whip-syllabub, frothy and full of wind, formed only

to please the palate; or they are like a tub thrown out to a whale, to

secure the freight of the ship and its peaceable voyage. In my judgment,

the people will not be gratified by the mode we have pursued in bringing

them forward. There was a committee of eleven appointed; and out of the

number I think there were five who were members of the convention that

formed the constitution. Such gentlemen, having already given their

opinion with respect to the perfection of the work, may be thought

improper agents to bring forward amendments. Upon the whole, I think it

will be found that we have done nothing but lose our time, and that it

will be better to drop the subject now, and proceed to the organization

of the Government.

The question was now called for from several parts of the House; but a

desultory conversation took place before the question was put. At length

the call becoming general, it was stated from the Chair, and determined

in the negative, 10 rising in favor of it, and 41 against it.

TUESDAY, August 18.

_Amendments to the Constitution._

Mr. GERRY moved, "That such of the amendments to the constitution

proposed by the several States, as are not in substance comprised in the

report of the select committee appointed to consider amendments, be

referred to a Committee of the whole House; and that all amendments

which shall be agreed to by the committee last mentioned be included in

one report."

Mr. TUCKER remarked, that many citizens expected that the amendments

proposed by the conventions would be attended to by the House, and that

several members conceived it to be their duty to bring them forward. If

the House should decline taking them into consideration, it might tend

to destroy that harmony which had hitherto existed, and which did great

honor to their proceedings; it might affect all their future measures,

and promote such feuds as might embarrass the Government exceedingly.

The States who had proposed these amendments would feel some degree of

chagrin at having misplaced their confidence in the General Government.

Five important States have pretty plainly expressed their apprehensions

of the danger to which the rights of their citizens are exposed. Finding

these cannot be secured in the mode they had wished, they will naturally

recur to the alternative, and endeavor to obtain a federal convention;

the consequence of this may be disagreeable to the Union; party spirit

may be revived, and animosities rekindled destructive of tranquillity.

States that exert themselves to obtain a federal convention, and those

that oppose the measure, may feel so strongly the spirit of discord, as

to sever the Union asunder.

If in this conflict the advocates for a federal convention should prove

successful, the consequences may be alarming; we may lose many of the

valuable principles now established in the present constitution. If, on

the other hand, a convention should not be obtained, the consequences

resulting are equally to be dreaded; it would render the administration

of this system of government weak, if not impracticable; for no

government can be administered with energy, however energetic its

system, unless it obtains the confidence and support of the people.

Which of the two evils is the greatest would be difficult to ascertain.

It is essential to our deliberations that the harmony of the House be

preserved; by it alone we shall be enabled to perfect the organization

of the Government--a Government but in embryo, or at best but in its

infancy.

My idea relative to this constitution, whilst it was dependent upon the

assent of the several States, was, that it required amendment, and that

the proper time for amendment was previous to the ratification. My

reasons were, that I conceived it difficult, if not impossible, to

obtain essential amendments by the way pointed out in the constitution;

nor have I been mistaken in this suspicion. It will be found, I fear,

still more difficult than I apprehended; for perhaps these amendments,

should they be agreed to by two-thirds of both Houses of Congress, will

be submitted for ratification to the Legislatures of the several States,

instead of State conventions, in which case the chance is still worse.

The Legislatures of almost all the States consist of two independent,

distinct bodies; the amendments must be adopted by three-fourths of such

Legislatures; that is to say, they must meet the approbation of the

majority of each of eighteen deliberative assemblies. But,

notwithstanding all these objections to obtaining amendments after the

ratification of the constitution, it will tend to give a great degree of

satisfaction to those who are desirous of them, if this House shall take

them up, and consider them with that degree of candor and attention they

have hitherto displayed on the subjects that have come before them;

consider the amendments separately, and, after fair deliberation, either

approve or disapprove of them. By such conduct, we answer in some degree

the expectations of those citizens in the several States who have shown

so great a tenacity to the preservation of those rights and liberties

they secured to themselves by an arduous, persevering, and successful

conflict.

I have hopes that the States will be reconciled to this disappointment,

in consequence of such procedure.

A great variety of arguments might be urged in favor of the motion; but

I shall rest it here, and not trespass any further upon the patience of

the House.

Mr. _Madison_ was just going to move to refer these amendments, in order

that they might be considered in the fullest manner; but it would be

very inconvenient to have them made up into one report, or all of them

discussed at the present time.

Mr. _Vining_ had no objection to the bringing them forward in the

fullest point of view; but his objection arose from the informality

attending the introduction of the business.

The order of the House was to refer the report of the committee of

eleven to a Committee of the Whole, and therefore it was improper to

propose any thing additional.

A desultory conversation arose on this motion, when Mr. _Vining_ moved

the previous question, in which, being supported by five members, it was

put, and the question was,--Shall the main question, to agree to the

motion, be now put? The yeas and nays being demanded by one-fifth of the

members present, on this last motion, they were taken as follows:

YEAS.--Messrs. Burke, Coles, Floyd, Gerry, Griffin, Grout,

Hathorn, Livermore, Page, Parker, Van Renssellaer, Sherman,

Stone, Sturgis, Sumter, and Tucker.--16.

NAYS.--Messrs. Ames, Baldwin, Benson, Boudinot, Brown,

Cadwalader, Carroll, Clymer, Fitzsimons, Foster, Gilman,

Goodhue, Hartley, Heister, Huntington, Lawrence, Lee,

Madison, Moore, Muhlenberg, Partridge, Schureman, Scott,

Sedgwick, Seney, Sylvester, Sinnickson, Smith, (of

Maryland,) Smith, (of South Carolina,) Thatcher, Trumbull,

Vining, Wadsworth, and Wynkoop.--34.

So the motion was lost.

A message from the Senate informed the House that the Senate had passed

the bill providing for expenses which may attend negotiations or

treaties with the Indian tribes, and the appointment of commissioners

for managing the same, with an amendment, to which they desire the

concurrence of the House.

THURSDAY, September 3.

_Permanent Seat of Government._

Mr. _Scott_, agreeably to notice given, moved the following: "That a

permanent residence ought to be fixed for the General Government of the

United States at some convenient place, as near the centre of wealth,

population, and extent of territory, as may be consistent with

convenience to the navigation of the Atlantic Ocean, and having due

regard to the particular situation of the Western country."

The House resolved itself into a Committee of the Whole, to take into

consideration the motion presented by Mr. _Scott_, on Thursday last, for

establishing the permanent residence of Congress, Mr. BOUDINOT in the

chair.

Mr. _Goodhue_.--The motion before the committee I consider too

indefinite for the House to decide upon satisfactorily; I wish,

therefore, to add something which may bring the question to a point. It

is well known that the gentlemen from the Eastward are averse to taking

up this business at this time. Not that the subject was improper for our

discussion, but that the present session is drawing to a period, and

there remains yet much important business to be transacted before the

adjournment; but their opinion being overruled by a late vote of the

House, they have since taken it into consideration, and are now ready

and willing to come to a decision. The Eastern members, with the members

from New York, have agreed to fix a place upon national principles,

without a regard to their own convenience, and have turned their minds

to the banks of the Susquehanna. This is a situation as nearly central

as could be devised, upon some of the principles contained in the

resolution. It is, however, supposed to be considerably to the southward

of the centre of the population. Motives of convenience would have led

us to fix upon the banks of the Delaware, but it was supposed it would

give more lasting content to go further south. They were, therefore,

unitedly of opinion, that the banks of the river Susquehanna should be

the place of the permanent residence of the General Government; and that

until suitable buildings could be there erected for accommodation, they

should remain in the city of New York. Agreeably to these ideas, I move

the following resolution:

_Resolved_, That the permanent seat of the General

Government ought to be in some convenient place on the east

bank of the river Susquehanna, in the State of

Pennsylvania; and that until the necessary buildings be

erected for the purpose, the seat of Government ought to

continue at the city of New York.

Mr. STONE said, it ought to be "Government of the United States,"

instead of General Government.

Mr. LEE.--The House are now called upon to deliberate on a great

national question; and I hope they will discuss and decide it with that

dispassionate deliberation which the magnitude of the subject requires.

I hope they will be guided in this discussion and decision, by the great

principles on which the Government is founded. I have, with a view,

therefore, of bringing them before a committee, drawn up a preamble,

which recognizes them, in the words following:

Whereas the people of the United States have assented to

and ratified a constitution for their Government, to

provide for their defence against foreign danger, to secure

their perpetual union and domestic tranquillity, and to

promote their common interests; and all these great objects

will be the best effected by establishing the seat of

Government in a station as nearly central as a convenient

water communication with the Atlantic Ocean, and an easy

access to the Western Territory will permit; and as it will

be satisfactory to the people of the United States, and

give them a firm confidence in the justice and wisdom of

their Government, to be assured that such a station is

already in the contemplation of Congress; and that proper

measures will be taken to ascertain it, and to provide the

necessary accommodations, as soon as the indispensable

arrangements for carrying into effect the constitution can

be made, and the circumstances of the United States will

permit;

_Resolved_, That a place, as nearly central as a convenient

communication with the Atlantic Ocean, and an easy access

to the Western Territory, will permit, ought to be selected

and established as the permanent seat of the Government of

the United States.

I wish the principles to be recognized, that the people of the United

States may be able to judge whether, in the measures about to be

adopted, they are carried into execution by this House. If these great

principles are not observed, it will be an unhappy fulfilment of those

predictions which have been made by the opponents of the constitution;

that the general interest of America would not be consulted; that

partial measures would be pursued; and that, instead of being influenced

by a general policy, directed to the good of the whole, one part of the

Union would be depressed and trampled on, to benefit and exalt the

other. Instead of accomplishing and realizing those bright prospects

which shone upon us in the dawn of our Government, and for which our

patriots fought and bled, we shall find the whole to be a visionary

fancy. I flatter myself, that before the House decides on the question

before them, those principles will be recognized, if it is meant they

shall be regarded.

Mr. CARROL seconded Mr. LEE'S motion.

Mr. SHERMAN said, if they were both adopted, or blended together, they

would only amount to a preamble, and determine nothing. He thought the

first preamble the best, inasmuch as it stated the principles simply and

concisely.

Mr. HARTLEY.--Several places have been mentioned, and some have been

offered to Congress as proper situations for the Federal Government.

Many persons wish it seated on the banks of the Delaware, many on the

banks of the Potomac. I consider this as the middle ground between the

two extremes. It will suit the inhabitants to the north better than the

Potomac could, and the inhabitants to the south better than the Delaware

would. From this consideration, I am induced to believe, it will be a

situation more accommodating and agreeable than any other. Respecting

its communication with the Western Territory, no doubt but the

Susquehanna will facilitate that object with considerable ease and great

advantage; and as to its convenience to the navigation of the Atlantic

Ocean, the distance is nothing more than to afford safety from any

hostile attempt, while it affords a short and easy communication with

navigable rivers and large commercial towns. Nay, its intercourse may be

without land carriage, if proper measures are pursued to open the

navigation to the Delaware and Chesapeake. Perhaps, as the present

question is only intended to be on general principles, it may be

improper to be more minute than the honorable mover has been; but I

think it would be better to come to the point at once, and fix the

precise spot, if we could. With this view, I mention Wright's Ferry, on

the Susquehanna. Not, however, that the House should decide upon it,

until they have ascertained its advantages, which will, perhaps, come

more properly forward when the question on the preamble is determined.

Mr. THATCHER was against a preamble being prefixed to the resolution of

the committee, because the House had, on every occasion when preambles

were brought forward, rejected them. He thought this a prudent conduct,

because it avoided embarrassments. He observed, that it was not

unfrequently the case that the preambles occasioned more difficulty in

understanding the laws than the most intricate part of the laws

themselves; and, therefore, the committee would act wisely to reject

such trammels. He conceived, moreover, that the motion was out of order,

as it was a substitute for one before the committee.

Mr. SMITH (of South Carolina) looked upon the motion as a preamble to a

preamble, both of which he conceived unnecessary; nay, he doubted the

truth of some of the assertions. So far from cementing the Union, by a

measure of the kind in contemplation, he rather feared it would have a

tendency to rend the Union in two; for which reason he was against

adopting it.

Mr. TUCKER wished the proposition might lie on the table, to give

gentlemen time to consider it.

Mr. LEE conceived it proper to adopt the preamble as a guide to their

decision. No gentlemen pretended to say it contained improper

principles. As to the whole being a preamble to a preamble, he did not

conceive that to be the case, because the resolution, subsequent to the

preamble, decided, that Congress should select a place for their

permanent residence. He did not conceive how gentlemen could refuse

their assent to a self-evident proposition. He thought such conduct

would give an alarm to the inhabitants of the United States; it amounted

to a declaration, that, on this important question, they would not be

governed by principles founded on rectitude and good policy.

Mr. MADISON.--I cannot, Mr. Chairman, discover why the opposition to my

colleague's preamble is so strenuous. Is it contended to be out of

order? I submit that to the decision of the Chair. Does it contain any

thing which is not true? I appeal, on that point, to the candid judgment

of the committee. Are the truths in it applicable to the great object we

are about to decide? I appeal to the justice and policy of the people of

the United States.

I flatter myself the Chair will decide with me, that the proposition is

strictly in order; that the committee will agree, that its contents are

substantial truths; and the whole world, that they are applicable to the

important point now under consideration.

It declares the principles which ought to govern our decision on this

question, and will, therefore, stand properly prefixed to the motion

offered by the gentleman from Massachusetts (Mr. GOODHUE.) By it we

declare our sentiments, and engage to conform to them, in fixing upon a

seat for the residence of Congress. Is there any thing improper or

unwise in this determination? An honorable gentleman near me (Mr.

TUCKER) says, that he feels himself embarrassed on this occasion; that

the propositions are a bandage over his eyes, to lead him blindfolded to

an object he cannot tell what. I must beg leave to differ from him. They

appear to me to contain those luminous truths which ought to guide him

through his embarrassment to the object which I am sure his justice and

patriotism are in pursuit of. I hope, therefore, he will agree with us

in adopting the motion, unless something more essential is offered

against it.

Mr. SHERMAN.--The resolution connected with the preamble contains a

proposition which, I think, ought not to be adopted. It selects a place,

having a convenient water-communication with the Atlantic. Now, it may

be just and expedient to fix upon a place at some distance from a

navigable river, therefore it may not agree with the intention of the

committee. As to the principles which are to guide our decisions, they

are as well expressed in the propositions of the gentleman from

Pennsylvania as in the substitute, and as free from ambiguity.

The question on Mr. LEE'S motion was taken, and determined in the

negative; yeas 17, nays 34.

Mr. TUCKER declared, that the majority for fixing upon any set of

principles whatever, could not govern his mind with regard to the fact.

If, on the whole, he did not think that place best, which the principles

adopted seemed to lead to, he certainly could not vote for it. Of what

use, then, was it to establish principles which could not govern the

conduct of the House? But the principles offered are vague, and lead to

no certain conclusion. What is the centre of wealth, population, and

territory? Is there a common centre? Territory has one centre,

population another, and wealth a third. Now, is it intended to determine

a centre from these three centres? This was not a practicable mode of

settling the place; and it was to be doubted whether the centre of

wealth ought at all to be considered. The centre of population is

variable, and a decision on that principle now, might establish the seat

of Government at a very inconvenient place to the next generation. The

centre of territory may be ascertained, but that will lead to a

situation entirely ineligible; consequently, whether these centres were

considered separately or together, they furnish no satisfactory

direction, no possible guide to the committee. The only way, then, to

come at a result yielding satisfaction, would be to consider the several

places to be proposed, according to their merits; and this would be done

by gentlemen in the course of the business. He was, therefore, against

settling any principles by vote.

Mr. MADISON.--I move to strike out the word wealth, because I do not

conceive this to be a consideration that ought to have much weight in

determining the place where the seat of Government ought to be. The two

other principles, I admit, are such as ought to have their influence;

but why wealth should is not so clear. Government is intended for the

accommodation of the citizens at large; an equal facility to communicate

with Government is due to all ranks; whether to transmit their

grievances or requests, or to receive those blessings which the

Government is intended to dispense. The rich are certainly not less able

than those who are indigent to resort to the seat of Government, or to

establish the means necessary for receiving those advantages to which,

as citizens, they are entitled.

I should rather suppose, if any distinctions are to be made, or superior

advantages to be enjoyed from the presence of the Government, that the

Government ought rather to move toward those who are the least able to

move toward it, and who stand most in need of its protection.

The question on this motion was taken, and passed in the negative; yeas

22, nays 28.

The question on Mr. SCOTT'S motion was then taken, and adopted; yeas 32,

nays 18.

Mr. GOODHUE'S motion was now taken into consideration.

Mr. LEE hoped that gentlemen would show how the banks of the Susquehanna

conformed with the principles laid down in the resolution adopted by the

House; how it communicated with the navigation of the Atlantic, and how

it was connected with the Western Territory. He hoped they would also

point out its other advantages, respecting salubrity of air and

fertility of soil. He expected all these advantages ought to be combined

in the place of the residence of the Federal Government, and every other

requisite to cement the common interest of America.

Mr. Hartley wished some gentleman had risen to satisfy the inquiries of

the honorable member, who could have given a description of the

advantages of that situation in better language than himself. But as no

gentleman had offered to undertake the subject, he thought himself bound

to make him an answer; and he trusted, in doing this, he should clearly

show that all the advantages contemplated would result from adopting the

motion. But he wished it had extended further, and selected the place

most convenient on the banks of the Susquehanna, as then the answer

would be more pointed and decisive. He had already mentioned Wright's

Ferry, and would consider that as the proper spot. Now, Wright's Ferry

lies on the east bank of the Susquehanna, about thirty-five miles from

navigable water; and, from a few miles above, is navigable to the source

of the river, at Lake Otsego, in the upper part of the State of New

York. The Tioga branch is navigable a very considerable distance up, and

is but a few miles from the Genesee, which empties into Lake Ontario.

The Juniata is navigable, and nearly connects with the Kisskemanetas,

and that with the Ohio; besides the West Branch connects with the

Alleghany River; forming a communication with the distant parts even of

Kentucky, with very little land carriage. The great body of water in

that river renders it navigable at all seasons of the year. With respect

to the settlements in the neighborhood of Wright's Ferry, he would

venture to assert it was as thickly inhabited as any part of the country

in North America. As to the quality of the soil, it was inferior to none

in the world, and though that was saying a good deal, it was not more

than he believed a fact. In short, from all the information he had

acquired, and that was not inconsiderable, he ventured to pronounce,

that in point of soil, water, and the advantages of nature, there was no

part of the country superior. And if honorable gentlemen were disposed

to pay much attention to a dish of fish, he could assure them their

table might be furnished with fine and good from the waters of the

Susquehanna; perhaps not in such variety as in this city, but the

deficiency was well made up in the abundance which liberal nature

presented them of her various products. It was in the neighborhood of

two large and populous towns, one of them the largest inland town in

America. Added to all these advantages, it possessed that of centrality,

perhaps, in a superior degree to any which could be proposed.

Mr. LEE asked the gentleman what was the distance of Wright's Ferry from

Yorktown, and whether that town, as it had once accommodated Congress,

could do it again? If a permanent seat is established, why not go to it

immediately? And why, let me ask, shall we go and fix upon the banks of

a rapid river, when we can have a more healthful situation? And here he

would inquire if the Codorus Creek, which runs through Yorktown into the

Susquehanna, was, or could be made navigable?

Mr. HARTLEY answered, that Yorktown was ten miles from the Ferry, that

it contained about five hundred houses, besides a number of large and

ornamental public buildings; that there was no doubt, but if Congress

deemed it expedient to remove immediately there, they could be

conveniently accommodated; but as gentlemen appeared to be inclined to

fix the permanent residence on the east banks of the Susquehanna, he was

very well satisfied it should be there.

Mr. MADISON.--The gentleman who brought forward this motion was candid

enough to tell us, that measures have been preconcerted out of doors,

and that the point was determined; that more than half the territory of

the United States, and nearly half its inhabitants have been disposed

of, not only without their consent, but without their knowledge. After

this, I hope the gentleman will extend his candor so much further, as to

show that the general principles now to be established are applicable to

their determination, in order that we may reconcile this fate to our own

minds, and submit to it with some degree of complacency.

I hope, if the seat of Government is to be at or near the centre of

wealth, population, and extent of territory, that gentlemen will show

that the permanent seat there proposed is near the permanent centre of

wealth, population and extent of territory, and the temporary seat, near

the temporary centre. I think we may, with good reason, call upon

gentlemen for an explanation on these points, in order that we may know

the ground on which the great question is decided, and be able to assign

to our constituents satisfactory reasons for what some of them may

consider a sacrifice of their interest, and be instrumental in

reconciling them, as far as possible, to their destiny.

Mr. GOODHUE thought the question, stated by the gentleman from Virginia,

was proper to be asked, and proper to be answered. The gentlemen from

the eastward, as he said before, were in favor of the Susquehanna; that

in contemplating the geographical centre of territory, they found the

banks of that river to be near the place. In point of population, they

considered the Susquehanna was south of that centre; but, from a spirit

of conciliation, they were inclined to go there, although the principle

and their own convenience would not lead them beyond the banks of the

Delaware. He believed the centre of population would not vary

considerably for ages yet to come, because he supposed it would

constantly incline more toward the Eastern, and manufacturing States,

than toward the Southern, and agricultural ones.

Mr. JACKSON.--I was originally opposed to the question coming forward,

and am so still. I thought the subject ought not to be touched till the

States, who have not yet acceded to the Union, might have an opportunity

of giving their voice. I agree with the gentleman from Virginia. I am

sorry that the people should learn that this matter has been

precipitated; that they should learn, that the members from New England

and New York had fixed on a seat of Government for the United States.

This is not proper language to go out to freemen. Jealousies have

already gone abroad. This language will blow the coals of sedition, and

endanger the Union. I would ask, if the other members of the Union are

not also to be consulted? Are the eastern members to dictate in this

business, and fix the seat of Government of the United States? Why not

also fix the principles of Government? Why not come forward, and demand

of us the power of Legislation, and say, give us up your privileges, and

we will govern you? If one part has the power to fix the seat of

Government, they may as well take the Government from the other. This

looks like aristocracy: not the united, but the partial voice of America

is to decide. How can gentlemen answer for this, who call themselves

representatives, on the broad basis of national interest?

I deny the fact of the territorial centrality of the place proposed.

From New York, to the nearest part of the province of Maine, it is two

hundred and fifty miles; and from New York, to the nearest part of the

upper district of Georgia, from which my colleague, General Matthews,

comes, is eleven hundred miles; and from the proposed place on the

Susquehanna, it is four hundred miles to the nearest part of Maine, and

nine hundred to the nearest part of that district; the proportion is

more than two to one. But the gentlemen should have an eye to the

population of Georgia; one of the finest countries in the world cannot

but rapidly extend her population; nothing but her being harassed by the

inroads of savages has checked her amazing increase, which must, under

the auspices of peace and safety, people her western regions. Georgia

will soon be as populous as any State in the Union. Calculations ought

not to be made on its present situation.

North Carolina is not yet in the Union, and perhaps the place may give

umbrage to her, which ought, at this moment, to be cautiously avoided.

I should, therefore, think it most advisable to postpone the decision

for this session at least. But, if we are to decide, I own, I think the

Potomac a better situation than the Susquehanna, and I hope it will be

selected for that purpose.

Mr. GOODHUE.--If gentlemen examine this subject with candor, they will

find that the banks of the Susquehanna are as near the geographical

centre as can be fixed upon. It is from the extreme of the Province of

Maine about seven hundred and sixty miles; to Savannah, in Georgia,

about seven hundred and sixty; and about seven hundred and thirty, or

seven hundred and forty, from Kentucky; so that it is rather south of

the centre of territory.

Mr. LAWRENCE.--When this subject was under discussion some time since,

it appeared to be the wish of gentlemen from the eastward, and of the

members from this State, that the question should not now be decided.

They urged several reasons why it would be improper. I thought those

reasons weighty, and was for postponing the consideration till our next

meeting. But it was answered, that the business was important; that the

citizens of the United States were uneasy and anxious; that as factions

did not now exist, it was the proper time to decide the question. What

was the representation to do? Was it not necessary for them to consult,

and fix upon a proper place?

They are, in a degree, disinterested, because they have no expectation

that the seat of Government will be fixed in any of the Eastern States.

On the other hand, there is a well-grounded expectation, that it will be

fixed either in Virginia, Maryland, Pennsylvania, or Jersey. We are

called on to determine a question in which we conceive ourselves

unbiased, and shall decide it on those principles that will reflect

honor on the House. I trust it will be found that we have fixed on those

principles, and that this resolution will be confirmed by Congress. We

do not decide for the Union, nor for the Southern States, we decide for

ourselves; and if our reasons are substantial, I trust that gentlemen

will meet us in the determination.

There are several principles which have been agreed to in the general

resolution; and I believe it will be shown, with exactness, that the

place proposed will come within these principles. The first respects

population. Is the House to consider the present, or the expected

population? The resolution has a determinate meaning; it speaks of the

population at the present period; and to calculate on this principle no

gentleman can say is unjust. The representation in this House is itself

a demonstration of it. The population of this country may be pretty

safely determined by the proportion of representatives in this House;

for it is established on this ground. I therefore believe, that the

principle of population inclines to this place, in preference to a more

southern situation.

But, in taking the principle of territory, are the House to calculate on

the uninhabited wilderness? Shall they take the Lake of the Woods on one

side, and the Missouri on the other, and find a geographical centre? If

so, to what an extent must they go? The inhabited and populated part of

the country ought chiefly to be considered. If St. Croix is taken as the

eastern limit, and St. Mary as the southern, the centre of the line will

be found to fall pretty near the Susquehanna.

Mr. SEDGWICK.--I beg leave to ask, if there really is any impropriety in

gentlemen's consulting together, who have a uniformity of interest, upon

a question which has been said to be of such infinite importance? My

colleague has barely stated that such a consultation has taken place,

and that, in consequence of it, men's minds have been induced to run in

a current. Is there any thing wrong in this? Let those, then, who are

determined not to consult, nor have any communication on such a subject,

decide for themselves. I should think myself lost to that regard I owe

to my country, and to my immediate constituents in particular, should I

abstract myself from the contemplation of the benefits that would flow

from knowing the feelings and sentiments of those with whom I am to act.

Instead of being an evidence to that aristocratic spirit which has been

mentioned, it is only a proof that men, attentive to their business, had

preferred that way, which every honest man had in view. I have

contemplated the subject with great anxiety, and though I cannot declare

that my local situation has had no influence on my mind, yet I will say

I endeavored to prevent its having any. I believe that the true

interests of the country will be best answered by taking a position

eastward and northward of the Susquehanna.

The Delaware is one extreme, the Potomac another; but when I reflect how

anxious some gentlemen are for the one, and some for the other, I am

willing to accommodate both parties, by advancing to a middle ground, to

which I hope the public mind will be reconciled. I was also influenced

in fixing this opinion, by the sentiment of the celebrated Montesquieu.

He had laid it down, that in a country partaking of northern and

southern interests, of a poor and productive soil, the centre and the

influence of Government ought to incline to that part where the former

circumstances prevailed; because necessity stimulates to industry,

produces good habits and a surplus of labor; because such parts are the

nurseries of soldiers and sailors, and the sources of that energy which

is the best security of the Government.

The Susquehanna is, in my opinion, south-west of the centre of wealth,

population, and resources of every kind. I would beg leave, gentlemen,

to suggest another idea. In my view, on the principles of population,

the Susquehanna is far beyond the centre; for I do not think it just,

on this subject, to take the constitutional computation. Will any

gentlemen pretend, that men, who are merely the subject of property or

wealth, should be taken into the estimate; that the slaves of the

country, men who have no rights to protect, (being deprived of them

all,) should be taken into view, in determining the centre of

Government? If they were considered, gentlemen might as well estimate

the black cattle of New England.

I would ask, if it is of no importance to take a position in which the

credit of the Government may procure those supplies that its necessities

might require? Will the strength and riches of the country be to the

north or to the south of the Susquehanna? Certainly to the north.

It is the opinion of all the Eastern States, that the climate of the

Potomac is not only unhealthy, but destructive to northern

constitutions. It is of importance to attend to this, for whether it be

true or false, such are the public prepossessions. Vast numbers of

Eastern adventures have gone to the Southern States, and all have found

their graves there; they have met destruction as soon as they arrived.

These accounts have been spread, and filled the Northern people with

apprehension.

Mr. VINING.--Although I must acknowledge myself a party to the bargain,

yet I had no share in making it. It is to me an unexpected bargain.

Though the interest of the State which I have the honor to represent is

involved in it, I am yet to learn of the committee, whether Congress are

to tickle the trout on the stream of the Codorus, to build their

sumptuous palaces on the banks of the Potomac, or to admire commerce

with her expanded wings, on the waters of the Delaware. I have, on this

occasion, educated my mind to impartiality, and have endeavored to

chastise its prejudices.

I confess to the House, and to the world, that, viewing this subject,

with all its circumstances, I am in favor of the Potomac. I wish the

seat of Government to be fixed there; because I think the interest, the

honor, and the greatness of this country require it. I look on it as the

centre from which those streams are to flow that are to animate and

invigorate the body politic. From thence, it appears to me, the rays of

Government will most naturally diverge to the extremities of the Union.

I declare, that I look on the Western Territory in an awful and striking

point of view. To that region the unpolished sons of earth are flowing

from all quarters; men, to whom the protection of the laws, and the

controlling force of the Government, are equally necessary. From this

great consideration, I conclude that the banks of the Potomac are the

proper station.

Mr. SENEY mentioned Peach Bottom, on the Susquehanna, about fifteen

miles above tide-water, as the proper place.

Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16) · 第 50 / 242 题