Mr. LEE said the city of New York possessed every convenience and
accommodation; he was strongly impressed in favor of the inhabitants,
their urbanity and industry did honor to America, and nothing could
induce him to vote for striking out the words, but a sense of duty. He
flattered himself that a regard would now be paid to the great
principles of centrality, which Philadelphia possessed in a great
degree; the conveniences and accommodations to be found in that city
were equal, if not superior, to what New York presented; her public
buildings and institutions were, he believed, at their command; the
inhabitants were industrious, temperate, and frugal; in short, every
principle which operated in favor of the Susquehanna, as a permanent
residence, applied with equal or more force in favor of Philadelphia as
the temporary seat of Government.
Mr. SHERMAN hoped the House were disposed to make as few removes as
possible, and that as the buildings for their accommodation might be in
readiness in two or three years at the permanent residence, they would
be disposed to continue in New York till that time.
On the question, that the House do agree to the said amendment, the yeas
and nays being demanded, are as follows:
AYES.--Messrs. Baldwin, Boudinot, Brown, Burke, Cadwalader,
Carroll, Coles, Contee, Gale, Griffin, Heister, Jackson,
Lee, Madison, Matthews, Moore, Page, Parker, Sinnickson,
Stone, Sumter and Vining--22.
NAYS.--Messrs. Ames, Benson, Bland, Clymer, Fitzsimons,
Floyd, Foster, Gerry, Gilman, Goodhue, Grout, Hartley,
Hathorn, Lawrence, Livermore, P. Muhlenberg, Partridge, Van
Rensselaer, Scott, Seney, Sherman, Sylvester, Smith, (of
Maryland,) Smith, (of South Carolina,) Thatcher, Trumbull,
Tucker, Wadsworth and Wynkoop--29.
The main question being put, the second resolution, as amended, was
agreed to by the House, in the words following, to wit:
"_Resolved_, That the permanent seat of the Government of
the United States ought to be at some convenient place on
the banks 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 in the city of New York."
The third resolution, in the words following, to wit:
"_Resolved_, That the President of the United States be
authorized to appoint three commissioners, to examine and
report to him the most eligible situation on the banks of
the Susquehanna, in the State of Pennsylvania, for the
permanent seat of the Government of the United States; that
the said Commissioners be authorized under the direction of
the President, to purchase such quantity of land as may be
thought necessary, and to erect thereon, within four years,
suitable buildings for the accommodation of the Congress,
and of the other officers of the United States; that the
Secretary of the Treasury, together with the Commissioners
so to be appointed, be authorized to borrow a sum, not
exceeding one hundred thousand dollars, to be repaid within
twenty years, with interest, not exceeding the rate of five
per cent. per annum, out of the duties on impost and
tonnage, to be applied to the purchase of the land, and the
erection of buildings aforesaid; and that a bill ought to
pass, in the present session, in conformity with the
foregoing resolutions."
A motion was made by Mr. GALE, to amend the same, by inserting after the
word "aforesaid" the following proviso, viz:
"Provided, nevertheless, that, previous to any such purchase, or
erection of buildings as aforesaid, the Legislatures of the States of
Pennsylvania and Maryland make such provision for removing all
obstructions to the navigation of the said river, between the seat of
the Federal Government and the mouth thereof, as may be satisfactory to
the President of the United States."
The ayes and nays being demanded, it passed in the negative.
AYES.--Messrs. Baldwin, Boudinot, Brown, Burke, Cadwalader,
Carroll, Coles, Contee, Gale, Jackson, Lee, Madison,
Matthews, Moore, Page, Parker, Seney, Sinnickson, Smith,
(of Maryland,) Smith, (of South Carolina,) Stone, Sumter,
Tucker and Vining--24.
NAYS.--Messrs. Ames, Benson, Clymer, Fitzsimons, Floyd,
Foster, Gale, Gilman, Goodhue, Grout, Hartley, Hathorn,
Heister, Lawrence, Livermore, Muhlenberg, Partridge, Van
Rensselaer, Scott, Sherman, Sylvester, Thatcher, Trumbull,
Wadsworth and Wynkoop--25.
And then the main question being put, Do the House agree to the said
third resolution, as reported by the Committee of the whole House?
The ayes and nays being demanded, it passed in the affirmative.
AYES.--Messrs. Ames, Benson, Clymer, Fitzsimons, Floyd,
Foster, Gale, Gilman, Goodhue, Grout, Hartley, Hathorn,
Heister, Lawrence, Livermore, Muhlenberg, Partridge, Van
Rensselaer, Scott, Seney, Sherman, Sylvester, Smith, (of
Maryland,) Stone, Thatcher, Trumbull, Wadsworth and
Wynkoop--28.
NAYS.--Messrs. Baldwin, Boudinot, Brown, Burke, Cadwalader,
Carroll, Coles, Contee, Gerry, Jackson, Lee, Madison,
Matthews, Moore, Page, Parker, Sinnickson, Smith, (of South
Carolina,) Sumter, Tucker and Vining--21.
_Ordered_, That a bill or bills be brought in, pursuant to the foregoing
resolutions, and that Messrs. AMES, LAWRENCE, and CLYMER, do prepare and
bring in the same.
MONDAY, September 21.
_Seat of Government._
The House proceeded to consider the bill to establish the seat of
Government of the United States, which lay on the table, with the
amendments, as reported by the Committee of the whole House.
Mr. SMITH proposed to confine the choice of a situation on the banks of
the Susquehanna, between Checkiselungo creek and the mouth of the river.
He was seconded by Mr. SENEY.
Mr. HARTLEY hoped the committee would limit it as near the spot
contemplated as possible.
Mr. HEISTER said, he moved, the other day, for a particular spot on the
river, which he conceived entitled to a preference; if the proposed
motion obtained, that place would be excluded, and he should hesitate
respecting his vote upon the bill.
Mr. SENEY by no means wished to embarrass the committee; if the motion
proposed would, any how, have that effect, he should withdraw his
second.
Mr. MADISON felt himself compelled to move for striking out that part of
the bill which provided that the temporary residence of Congress should
continue at New York; as he conceived it irreconcilable with the spirit
of the constitution. If it was not from viewing it in this light, he
should have given the bill no further opposition; and now he did not
mean to enter on the merits of the main question.
From the constitution, it appeared that the concurrence of the two
Houses of Congress was sufficient to enable them to adjourn from one
place to another; nay, the legal consent of the President was, in some
degree, prescribed in the 7th section of article 1st, where it is
declared, that every order, resolution, or vote, to which the
concurrence of the Senate and House of Representatives may be necessary,
(except on a question of adjournment,) shall be presented to the
President of the United States, and approved by him, before the same
shall take effect. Any attempt, therefore, to adjourn by law, is a
violation of that part of the constitution which gives the power,
exclusively, to the two branches of the Legislature. If gentlemen saw it
in the same light, he flattered himself they would reject that part of
the bill; and, however little they valued the reflection that this city
was not central, which had been so often urged, they would be guided by
arguments springing from a superior source.
He would proceed to state the reasons which induced him to be of this
opinion; it is declared in the constitution, that neither House, during
the session of Congress, shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in
which the two Houses shall be sitting; from hence he inferred, that the
two Houses, by a concurrence, could adjourn for more than three days,
and to any other place which they thought proper; by the other clause he
had mentioned, the Executive power is restrained from any interference
with the Legislative on this subject; hence, he concluded, it would be
dangerous to attempt to give to the President a power which the
constitution expressly denied him.
TUESDAY, September 22.
_Seat of Government._
The engrossed bill to establish the seat of Government of the United
States was read a third time; and the question was, Shall this bill
pass?
Mr. CARROLL said, he felt himself under peculiar circumstances on the
decision of this important question. The House had determined that the
permanent seat of the Government of the United States should be on the
Susquehanna, in Pennsylvania, and not in Maryland on the Potomac. It was
his opinion that the last would have been most conducive to the interest
of the Union; the voice of the majority of this House is against it. The
Susquehanna, said he, being the next object most likely to attain what I
have laid down as the rule of my conduct on this occasion, and, at the
same time, must be agreeable to the wishes of a great part of my
constituents, I felt myself under an obligation to vote for the
Susquehanna, upon obtaining the clause which made it obligatory upon the
States of Maryland and Pennsylvania to concur in opening the navigation
of that river; and nothing would restrain me from giving my assent to
the bill, but that clause which requires the concurrence of the
President respecting the seat of Government, until Congress meet at
their permanent seat. To this clause I have strong constitutional
objections; they were yesterday fully stated to this House by other
gentlemen.
I have endeavored to remove this conviction from my mind, in order to
give my assent to the bill; but as I am under the sacred obligation of
an oath to support the constitution, as I cannot efface the conviction
from my mind that it is contrary to the constitution, and as we could
not succeed in striking out the clause, I feel myself under the
disagreeable necessity of giving my dissent to the bill.
The yeas and nays, on passing the bill, being required by one-fifth of
the members present, were as follow:
YEAS.--Messrs. Ames, Baldwin, Benson, Clymer, Contee,
Fitzsimons, Floyd, Foster, Gale, Gilman, Goodhue, Grout,
Hartley, Hathorn, Jackson, Lawrence, Leonard, Livermore,
Muhlenberg, Partridge, Van Rensselaer, Scott, Seney,
Sherman, Sylvester, Smith, (of Maryland,) Stone, Thatcher,
Trumbull, Wadsworth and Wynkoop--31.
NAYS.--Messrs. Bland, Boudinot, Burke, Cadwalader,
Carroll, Coles, Lee, Madison, Matthews, Moore, Parker,
Schureman, Smith, (of South Carolina,) Sumter, Tucker,
Vining, and White--17.
The bill having passed, was sent to the Senate for their concurrence.
SATURDAY, September 26.
_Seat of Government._
A message from the Senate was received, informing the House that they
had passed the bill for establishing the seat of Government of the
United States, with an amendment, which the House immediately took into
consideration. The amendment went to strike out all that related to the
river Susquehanna, both as to fixing the seat of Government there, and
removing the obstructions to the navigation; and to insert, in lieu
thereof, "a district of ten miles square, bounded on the south by a line
running parallel at one mile's distance from the city of Philadelphia,
on the east side of the river of Delaware, and extending northerly and
westerly, so as to include Germantown."
Mr. BLAND thought the bill was so materially changed as to warrant the
House to postpone its consideration. The principles upon which the
Senate had proceeded, he believed, had not yet been discussed in the
House, and the short time which now remained of the session forbade the
attempt.
Mr. PAGE seconded this motion.
Mr. SMITH (of South Carolina) hoped that gentlemen would agree to let
the bill lie on the table, and not to be driven into a measure which
they considered injurious to the public interest. He trusted they would
not be influenced to adopt this bill, by the Senate's keeping the
appropriation bill as a hostage for it, which he understood to be the
case.
Mr. FITZSIMONS was sorry to hear a thing of that kind insinuated against
so respectable a body. He trusted the gentleman had been misinformed;
but should be glad to know his authority.
Mr. PARTRIDGE declared that a knowledge of this fact would have
considerable influence on his conduct; therefore, he was desirous of
knowing to what an extent it was a certainty.
Mr. BLAND would not charge the Senate with retaining the appropriation
bill as a hostage; but he thought it of more importance than the bill
they had now sent down, and wished it had been first acted upon.
Mr. SPEAKER informed the House that the appropriation bill was sent only
yesterday to the Senate.
Mr. STONE did not suspect the Senate of the conduct which had been
intimated; but, nevertheless, he was in favor of the postponement.
Mr. LEE remarked that the great principles which this House had adopted,
on full debate, were now thrown out of view; they had nothing to do with
the amendment which the Senate had made. He could not, after this
circumstance, bring himself to believe that the House would agree to
the alteration, without discussing the other principles upon which it
must be founded. And here the approaching termination of the session,
and the quantity of unfinished business, presented to the mind a strong
objection; either it could not be done at all, or done to great
disadvantage. Beside, if it is laid over to the next session, the voice
of the people may be better understood on this important question; when
that was fully and fairly expressed, he flattered himself with a
harmonious determination, to which all parties would submit without a
single murmur.
Mr. SHERMAN thought the amendment of the Senate founded in wisdom, and
upon true principles; the House had now nothing else before them.
Indeed, they had just been spending an hour or two upon a very
uninteresting subject respecting printers; he therefore trusted they
would proceed to consider the amendment fully, and come in a proper time
to a decision upon it.
Mr. WHITE considered the amendment of the Senate as totally changing the
tenor of the bill, and therefore it was like introducing a new subject.
Indeed, in all the long arguments which the question had drawn out, he
believed this place had never been mentioned. The gentleman last up,
said there was no business before the House at present: but he would
ask, if a business had never yet been before them, whether a member
would be permitted to bring it forward at this late hour. He might be
told, that the act of the Senate carried greater weight in it than the
motion of a member. But he would place against that weight, the weight
of the vote of this House, which on a former day agreed to fix the seat
of Government on the banks of the Susquehanna; so that the question may
be supposed to stand on independent ground.
But there was a collateral observation he would make. If Germantown was
the proper place for the permanent residence of Congress, it was so near
Philadelphia as to prove that that city would be the proper place for
the temporary residence, and of course they ought to move there
immediately, and order the next session to be held there; but both these
questions were of too much moment to be fixed by a hasty vote of the
House.
Mr. JACKSON had given his assent to the bill as it passed the House,
after a fair opposition: he was satisfied his fellow-citizens would
submit to what appeared to be the voice of their country; though they
would have preferred the Potomac on account of its centrality and
contiguity to the Western Territory, yet he acceded to the Susquehanna;
but this was no reason he should vote for Germantown. Who are those that
say to us, Germantown is the most proper spot that can be selected? They
are the representatives of the State sovereignties; where the large and
small States are equally represented, the voice of the majority of the
people is lost in the inequality of the political branch of the
Legislature. He could not but think an alteration in the sentiment of
the House, on this ground, would excite serious alarm in the minds of
the people; to avoid which consequence, he should agree to the
postponement.
Mr. GERRY urged, as a reason for postponement, that North Carolina and
Rhode Island were out of the Union at present; and that, as there was a
flattering expectation that at least one of those States would adopt the
constitution by the next session, it would be extremely desirable to
have their voice in determining this great question.
Mr. MADISON.--However different our sentiments, with respect to the
place most proper for the seat of the Federal Government, I presume we
shall all agree that a right decision is of great importance; and that a
satisfactory decision is of equal moment to the happiness and
tranquillity of the Union: that even the manner and circumstances under
which such decision may take place, are worthy of serious consideration.
Now, sir, the amendment proposed by the Senate, not only deserves the
name of a new bill, but it proceeds on principles different from those
which served for the basis of the bill sent up to them from this House:
hence I presume, sir, it is not only necessary to examine the merits of
the proposition, but to enter into a full and minute investigation of
those principles upon which it is founded: the proposition is new and in
some degree opposed to what has heretofore prevailed: the public mind
has not yet been called to the consideration of it; nay, I believe it
never yet has been contemplated by the inhabitants of any one State: the
eye of America should be indulged with an opportunity of viewing it
before it be made their fixed abode. All the other places which have
been mentioned as candidates for the seat of Government, on this
occasion, have at different times, and in different forms, been held up
to the public attention; two of them had not only employed the
deliberation, but had obtained the favorable decision of the old
Congress; now after all this, to take up and adopt in a moment, a rival
place, never before contemplated, is risking an improper and a
dissatisfactory decision.
Mr. STONE reminded the House of the majority there was in selecting the
Susquehanna, which he conceived to be the second best spot in the United
States; and how much greater that majority would have been than 31 to
17, if no other question had been involved in the bill: he could hardly
suppose such a change of sentiment would take place without argument, as
was necessary in order to get the Senate's amendment adopted, which, he
understood, was carried by a small majority indeed.
Mr. WHITE would just add one observation, which was respecting the
enormous price of land in the vicinity of Philadelphia; and how
imprudent it would be for Congress to subject themselves to an
exorbitant demand of this nature, by fixing upon the precise spot where
this Federal town should be.
The question was now taken on postponing the consideration of the
amendment proposed by the Senate, until the next session; and the yeas
and nays being called, are:
YEAS.--Messrs. Baldwin, Bland, Brown, Burke, Carroll,
Coles, Contee, Gale, Gerry, Griffin, Jackson, Lee, Madison,
Matthews, Moore, Page, Parker, Schureman, Seney, Smith, (of
Maryland,) Smith, (of South Carolina,) Stone, Sumter,
Tucker and White--25.
NAYS.--Messrs. Ames, Benson, Boudinot, Cadwalader, Clymer,
Fitzsimons, Floyd, Foster, Gilman, Goodhue, Grout, Hartley,
Hathorn, Heister, Lawrence, Leonard, Livermore, Muhlenberg,
Partridge, Van Rensselaer, Scott, Sherman, Sylvester,
Sinnickson, Thatcher, Trumbull, Vining, Wadsworth, and
Wynkoop--29.
So it was determined in the negative.
MONDAY, September 28.
_Seat of Government._
Mr. SHERMAN--In our deliberations on this occasion, we should have an
eye to the general accommodation of the Union, and the best way of
defraying the expense. The place fixed upon by the Senate, he presumed,
was known to the members generally; hence they were able to judge of its
eligibility at the first view; it certainly possessed some advantages
over the other situation; and he believed it was as central, if not more
so than the Susquehanna, as it respected the present inhabitants; the
air, the soil, in that neighborhood, were quite as agreeable as the
other. But there was an access by water, from every part of the United
States, which furnished a very great convenience; but beside this, those
who came from the Southern States, had generally an inland navigation,
with a short distance to come by land from the head of the Elk; so the
citizens of the Eastern States, in like manner, would be accommodated by
coming through the Sound and crossing to Amboy, on which route they
would have but about 70 miles land carriage; a distance nearly equal
with the other. He admitted that Germantown was not quite so near to the
Western Territory as the Susquehanna was; but he contemplated a very
distant day before it would be settled, and much longer before the
inhabitants would have frequent occasion of travelling to the seat of
Government. Added to the advantages he had mentioned, there were good
buildings, and convenience for arsenals and ship-yards, with abundance
of artificers on the spot; these considerations, taken together, induced
him to think it best to concur with the Senate.
Mr. SMITH thought the honorable gentleman rather inconsistent in his
argument to-day. If he recollected right, the gentleman had formerly
urged in favor of the Susquehanna, that it was not accessible by vessels
from sea; and now he recommends this quality as an advantage in favor of
the Delaware. The gentleman admits that this position is not quite so
near the Western Territory as the one chosen by the House; but then he
thinks no inconvenience will arise, inasmuch as it will be some years
before it is peopled: but how does this comport with the principle laid
down by an almost unanimous vote of the House? At the beginning of this
business, we declare that a due regard should be had to the Western
Territory; he now tells us, as an argument in favor of the Senate's
amendment, that we should have no regard to it at all. He thinks the
change made in the manner of obtaining the money favorable; but what
advantage will accrue to the United States from Pennsylvania's granting
100,000 dollars, when Congress will have to purchase the land on which
they are to sit down? Land in the neighborhood of Philadelphia, he had
been told, was worth 40 or 50 pounds an acre. The 100,000 dollars, given
by Pennsylvania, would not go far in a purchase at this rate. He thought
the Government would have a better bargain in buying cheap lands on the
Susquehanna; or perhaps they might have been got there for nothing. He
thought this alteration unfavorable to the Public Treasury, which could
illy supply such a demand upon it.
Mr. MADISON contended that the amendment proposed by the Senate was a
departure from every principle adopted by the House; but he would not
trouble them with a recapitulation of arguments, which he feared would
be unavailing; he wished, however, that the House would provide against
one inconvenience, which was, to prevent the district in Pennsylvania,
chosen by Congress, from being deprived for a time of the benefit of the
laws. This, he apprehended, would be the case, unless Congress made
provision for the operation of the laws of Pennsylvania, in the act by
which they accepted of the cession of that State; for the State
relinquished the right of legislation from the moment that Congress
accepted of the district. The propriety of this proposition was so
apparent, that he had not a doubt but the House would consent to it. He
then moved the following proviso: "And provided, that nothing herein
contained shall be construed to affect the operation of the laws of
Pennsylvania, within the district ceded and accepted, until Congress
shall otherwise provide by law."
Mr. LIVERMORE objected to this motion; because he supposed there was no
necessity for it.
The question was then taken, do the House agree to the amendment? and
decided in the affirmative. The yeas and nays being demanded, are as
follows:
YEAS.--Messrs. Ames, Cadwalader, Clymer, Fitzsimons, Floyd,
Foster, Gerry, Gilman, Goodhue, Grout, Hartley, Hathorn,
Heister, Huntington, Lawrence, Leonard, Livermore,
Muhlenberg, Partridge, Van Rensselaer, Schureman, Scott,
Sherman, Sylvester, Sinnickson, Thatcher, Trumbull, Vining,
Wadsworth and Wynkoop--31.
NAYS.--Messrs. Baldwin, Bland, Boudinot, Brown, Burke,
Carroll, Coles, Contee, Gale, Griffin, Jackson, Lee,
Madison, Matthews, Moore, Page, Parker, Seney, Smith, (of
Maryland,) Smith, (of South Carolina,) Stone, Sumter,
Tucker, and White--24.
And here the bill was dropped for the session.
TUESDAY, September 29.
The two following messages were received from the President:
UNITED STATES, Sept. 29, 1789.
_Gentlemen of the House of Representatives:_
His Most Christian Majesty, by a letter dated the 7th of
June last, addressed to the President and members of the
General Congress, of the United States of North America,
announces the much lamented death of his son the Dauphin.
The generous conduct of the French monarch and nation
towards this country renders every event that may affect
his or their prosperity interesting to us; and I shall take
care to assure him of the sensibility with which the United
States participate in the affliction which a loss so much
to be regretted must have occasioned both to him and them.