assumed in the discussion, and he thought that a few moments would not
be misspent in recalling the attention of the committee to the real
question before them. The assertion that we are the freest and most
enlightened nation in the world was found fault with, and while some
gentlemen moved to strike it out altogether, others proposed to qualify
it in different ways. Mr. S. believed that, in any modification of the
expression, the criticism was, in itself, extremely unimportant; and if,
as some gentlemen had treated it, it was a mere question of decorum, he
should feel perfectly indifferent whether it was rejected or retained.
But when he heard one member deny that we are the most free, and another
that we are enlightened; and most especially when he heard that the
expression was contended to be improper in relation to the acts and the
administration of the Government, he confessed it did appear to him to
be of some consequence not to part with the expression, lest, by doing
so, the House should give countenance to these objections. For his own
part, he believed the proposition to be true; he conceived the word
"enlightened," as applicable to political illumination; and not to our
rank in arts, sciences, or literature; and he considered the sentence as
equivalent to an assertion that we enjoy the most enlightened system of
political freedom extant. In this view of it, he thought it literally
true; and, if true, he could not discern the indecorum of declaring so
on the present occasion. He was strongly impressed with the propriety of
the idea which he had suggested yesterday, that this should be
considered as an act of intercourse purely domestic, an expression of
self-gratulation on our superior happiness, which, by the forms of
society, ought not to be noticed by any other nation. We may be deemed,
without too bold a figure, to be speaking in soliloquy; and to listen to
what we say would be no better than eavesdropping: the indecorum would
rest with those who overhear us, and not with ourselves. It could not be
denied that such a belief of the superiority of our political situation
ought to be cherished among us. If we did not believe it, we should take
shame to ourselves, because our Government is the work of our own hands.
If the belief that we are free and enlightened is valuable, the
expression of it is also valuable, because it tends to preserve us so;
it is a sentiment which we cannot dwell upon too much.
But, he contended, the propriety of this or any other expression could
not be justly estimated by considering it in the abstract--it ought to
be viewed in its application and use. We are about to lose the services
of the PRESIDENT, who is admitted on all hands to have been a useful and
patriotic officer. The House of Representatives are desirous that he
should take with him to his honorable retirement the only reward which
the nature and spirit of our political institutions admit of--the
approbation of his country. It will surely be admitted that we ought to
give to the expression of this approbation all the value of which it is
susceptible; and it is obvious, from the slightest perusal of this
paragraph in the Address, that the words in question give to it all its
force and energy, and that without them, it would be an unmeaning
compliment. The spectacle of a nation, neither free nor enlightened,
offering to its first Magistrate the tribute of approbation and
applause, would neither be "novel nor interesting," since the days of
history are stained with numberless instances of prostituted praise and
courtly adulation; but when it is the voluntary homage of a free and
enlightened people, offered with sincerity to an illustrious
fellow-citizen, it is truly a precious reward for patriotic labors.
Those who object to this expression, therefore, ought to move to strike
out the whole paragraph. To reject the words would totally defeat the
intended compliment; to qualify them would spoil it. Mr. S., therefore,
wished to retain them as they were reported.
Mr. THATCHER said, he did not think the object of the present question
of much consequence, nor did he care much about it; however, he would
wish to see the members more unanimous on the subject; he would,
therefore, propose an amendment, which he thought would have some
tendency towards it, which was to leave out the superlative, and let the
passage read, "The spectacle of a free and enlightened nation."
Mr. HENDERSON commended the ingenuity of the last motion, as he thought
it would more concentrate the ideas of the members. He would vote for
it.
Mr. CHRISTIE's motion was then put, and negatived.
Mr. THATCHER's motion was put, and passed in the affirmative.
Mr. LIVINGSTON then moved to strike out the words from the next
paragraph, "Wise, firm, and patriotic Administration," and insert in
their place, "Your wisdom, firmness, and patriotism has been." He could
not say that all the acts of the Administration had been wise and firm;
but he would say, that he believed the wisdom, firmness, and patriotism
of the PRESIDENT had been signally conducive to the success of the
present form of government. He was willing to give him every mark of
respect possible, but he believed some of his public acts of late
rendered the present motion necessary.
Mr. W. SMITH opposed the amendment, as he thought the gentleman who
proposed it conceived the words to imply more than was meant by
them--they are not meant to include every act of the Executive. He
thought that the Administration in general had been wise, firm, and
patriotic; that the wisdom and firmness of the PRESIDENT had been
conducive to the success of the present form of government. Had not the
words been put in the reported Address, he thought it would not have
been of consequence whether they were ever inserted; but the difference
is very great. Now they are inserted, they are made public, and, to
erase them now, and substitute words in any manner deficient in
sentiment to them, would be to carry censure and not respect. That the
Administration of that valuable man had been wise and conducive to the
good of this country, will not admit of a doubt; and for us to rob him
of that honor which is his due, would be insult. And any thing short of
the words in the Address he thought would not carry a proper mark of
respect.
Mr. GILES observed, that he thought the Administration had been very
deficient in wisdom. Many gentlemen, he said, were very particularly
opposed to the British Treaty and to the great emission of transferable
paper. Could it then be supposed these gentlemen could, in this
instance, so change their opinion? The gentleman last up had said, that
because the words were in the reported Address they ought not to be
struck out. He thought that the House had now as much power to act as
though the committee had made no report. He thought they ought not in
any way to be influenced by the report of the select committee, but act
as though they had to form the Address themselves. He believed that the
PRESIDENT possessed both wisdom and firmness. He was willing to
compliment the PRESIDENT as much as possible in his personal character,
but he could not think it applicable to his Administration. He thought
the amendment proposed would meet his concurrence, and he hoped it would
be agreed to.
Mr. GILBERT hoped and presumed that the motion of his colleague would
not obtain. He understood that the House addressed the PRESIDENT in
answer to his Speech, always as a public man, and not in his private
capacity. How extraordinary, then, will it appear in this House to refer
only to his private conduct! It is, in substance, complimenting him as a
private man, while the very words reprobate him in his public station.
We are now to address him as PRESIDENT OF THE UNITED STATES. We may tell
him of his wisdom and his firmness, but what of all that unless we
connect it with his Administration?
Mr. ISAAC SMITH.--The sin of ingratitude is worse than the sin of
witchcraft; and we shall damn ourselves to everlasting fame if we
withhold the mighty tribute due to the excellent man whom we pretend to
address. Posterity, throughout all future generations, will cry out
shame on us. Our sons will blush that their fathers were his foes. If
excess were possible on this occasion, it would be a glorious fault, and
worth a dozen of little, sneaking, frigid virtues. I abhor a grudging
bankrupt payment, where the debtor is much more benefited than the
creditor. The gentleman from Virginia misrepresents his own
constituents--I am sure he does all the rest of the Union. On the
present occasion we ought not to consult our own little feelings and
sensibilities. We should speak with the heart and in the voice of
millions, and then we should speak warm and loud. What! "Damn with faint
praise:" and suppress or freeze the warm, energetic, grateful sensations
of almost every honest heart from Maine to Tennessee! I will not do it!
Every line shall burn! This is a left-handed way of adoring the people.
Mr. DAYTON (the Speaker) said, the motion then before them was of great
importance, and every man who thought favorably of the PRESIDENT's
Administration should there make a stand. For, if the words were struck
out, it would convey an idea to the world that it was the opinion of
that House that the Administration of the PRESIDENT had neither been
wise nor patriotic. Gentlemen might very well concur in the Address in
its present form, who did not think that every single act of the
PRESIDENT had been wise and firm, since it was his Administration in
general which was referred to, and not each individual act. He hoped,
therefore, the amendment offered would be decidedly opposed, and that
the words proposed to be struck out would be retained.
Mr. GALLATIN thought the words objected to were conceived to mean more
than they really did mean by gentlemen who supported the present motion;
nor could he conceive how the words "firmness and patriotism," proposed
to be inserted, could apply to any thing but the public character of the
PRESIDENT. On the first view of the Address, Mr. G. said, he thought
with the gentlemen from New York and Virginia, and it was not without
considerable hesitation that he brought himself to agree to this part of
the Address. He found, however, on further examination, that they did
not go so far as he at first thought they did. Had they approved of
every measure of the PRESIDENT OF THE UNITED STATES, he should have
voted against them. But, in the first place, he would observe, that his
Administration did not include Legislative acts; so that whatever evils
had arisen from the funding or banking systems were not to be charged to
the PRESIDENT. They did not mean to pay compliments to themselves but to
the PRESIDENT: therefore, the words in question related only to the
Administration of the PRESIDENT alone, and not to those officers of
State which had been supposed by some gentlemen. The first question was,
then, whether that Administration had been marked with wisdom, firmness,
and patriotism? And, he would briefly say, so far as related to the
internal situation of the country, it had borne these marks. He did not
recollect any instance where he could say here was any want of wisdom,
or there of firmness or patriotism. If they proceeded to foreign
affairs, a great number of members were found (he for one) who wished
that certain acts had not taken place; and, if he thought, in giving
approbation to this Address, he was approving of these measures, he
would certainly vote against it. But, as the gentlemen from South
Carolina and New Jersey (Mr. SMITH and the SPEAKER) had observed, as the
approbation went to the Administration in toto, it had respect to no
particular act. Nor did he believe the literal sense of the words would
apply to the business of the late treaty. [He read the words.] The most
clear meaning of these words related to the present Government and
constitution; and the word "success" could apply to those parts of the
Administration only which had had time to be matured. He did not believe
that at the present period it could be said that the Treaty with Great
Britain had been successful, and, therefore, could not be included
within the meaning of the expression. Not meaning to pledge an
approbation of that act, and not conceiving that the sentence could have
such a meaning, he would vote against the proposed amendment, and for
the original.
The question was put on the amendment and negatived. The committee then
rose, reported the Address with the amendments, when the House took them
up, and having gone through them--
On the question being about to be put on the answer as amended, Mr.
BLOUNT wished the yeas and nays might be taken, that posterity might see
that he did not consent to the Address.
The main question being put, it was resolved in the affirmative--yeas
67, nays 12, as follows:
YEAS.--Fisher Ames, Theodorus Bailey, Abraham Baldwin,
David Bard, Theophilus Bradbury, Nathan Bryan, Gabriel
Christie, Thomas Claiborne, John Clopton, Joshua Coit,
William Cooper, William Craik, James Davenport, Henry
Dearborn, George Dent, George Ege, Abiel Foster, Dwight
Foster, Jesse Franklin, Nathaniel Freeman, jr., Albert
Gallatin, Ezekiel Gilbert, James Gillespie, Nicholas
Gilman, Henry Glenn, Chauncey Goodrich, Andrew Gregg, Roger
Griswold, William B. Grove, Robert Goodloe Harper, Carter
B. Harrison, Thomas Hartley, Jonathan N. Havens, John
Heath, Thomas Henderson, William Hindman, George Jackson,
Aaron Kitchell, Samuel Lyman, James Madison, Francis
Malbone, Andrew Moore, Frederick A. Muhlenberg, John
Nicholas, John Page, Josiah Parker, John Patton, John Read,
John Richards, Samuel Sewall, John S. Sherburne, Samuel
Sitgreaves, Nathaniel Smith, Israel Smith, Isaac Smith,
William Smith, Richard Sprigg, jr., William Strudwick, John
Swanwick, Zephaniah Swift, George Thatcher, Mark Thompson,
John E. Van Allen, Philip Van Cortlandt, Joseph B. Varnum,
Peleg Wadsworth, and John Williams.
NAYS.--Thomas Blount, Isaac Coles, William B. Giles,
Christopher Greenup, James Holland, Andrew Jackson, Edward
Livingston, Matthew Locke, William Lyman, Samuel Maclay,
Nathaniel Macon, and Abraham Venable.
_Resolved_, That the SPEAKER, attended by the House, do present the said
Address; and that Mr. AMES, Mr. MADISON, and Mr. SITGREAVES, be a
committee to wait on the PRESIDENT to know when and where it will be
convenient for him to receive the same.
FRIDAY, December 16.
Mr. AMES, from the committee appointed to wait on the PRESIDENT to know
when and where he would receive the answer of this House to his Address,
reported that he had appointed to receive it at his house this day at
two o'clock.
_Address to the President._
The SPEAKER informed the House that the hour was nearly at hand, which
the PRESIDENT had appointed for receiving the Address of the House, in
answer to his Speech. The members, in a body, accordingly waited upon
the PRESIDENT, at his house; and the SPEAKER pronounced the following
Address:
"SIR: The House of Representatives have attended to your
communication respecting the state of our country, with all
the sensibility that the contemplation of the subject and a
sense of duty can inspire.
"We are gratified by the information, that measures
calculated to ensure a continuance of the friendship of the
Indians, and to maintain the tranquillity of the Western
frontier, have been adopted; and we indulge the hope that
these, by impressing the Indian tribes with more correct
conceptions of the justice, as well as power of the United
States, will be attended with success.
"While we notice, with satisfaction, the steps that you
have taken, in pursuance of the late treaties with several
foreign nations, the liberation of our citizens, who were
prisoners at Algiers, is a subject of peculiar
felicitation. We shall cheerfully co-operate in any further
measures that shall appear, on consideration, to be
requisite.
"We have ever concurred with you in the most sincere and
uniform disposition to preserve our neutral relations
inviolate; and it is, of course, with anxiety and deep
regret we hear that any interruption of our harmony with
the French Republic has occurred; for we feel with you, and
with our constituents, the cordial and unabated wish to
maintain a perfectly friendly understanding with that
nation. Your endeavors to fulfil that wish, and by all
honorable means to preserve peace and to restore that
harmony and affection, which have heretofore so happily
subsisted between the French Republic and the United
States, cannot fail, therefore, to interest our attention.
And while we participate in the full reliance you have
expressed on the patriotism, self-respect, and fortitude of
our countrymen, we cherish the pleasing hope that a mutual
spirit of justice and moderation will ensure the success of
your perseverance.
"The various subjects of your communication will,
respectively, meet with the attention that is due to their
importance.
"When we advert to the internal situation of the United
States, we deem it equally natural and becoming to compare
the present period with that immediately antecedent to the
operation of the Government, and to contrast it with the
calamities in which the state of war still involves several
of the European nations, as the reflections deduced from
both tend to justify as well as to excite a warmer
admiration of our free constitution, and to exalt our minds
to a more fervent and grateful sense of piety towards
Almighty God for the beneficence of His providence, by
which its Administration has been hitherto so remarkably
distinguished.
"And while we entertain a grateful conviction that your
wise, firm, and patriotic Administration has been signally
conducive to the success of the present form of government,
we cannot forbear to express the deep sensations of regret
with which we contemplate your intended retirement from
office.
"As no other suitable occasion may occur, we cannot suffer
the present to pass without attempting to disclose some of
the emotions which it cannot fail to awaken.
"The gratitude and admiration of your countrymen are still
drawn to the recollection of those resplendent virtues and
talents which were so eminently instrumental to the
achievement of the Revolution, and of which that glorious
event will ever be the memorial. Your obedience to the
voice of duty and your country, when you quitted
reluctantly, a second time, the retreat you had chosen, and
first accepted the Presidency, afforded a new proof of the
devotedness of your zeal in its service, and an earnest of
the patriotism and success which have characterized your
Administration. As the grateful confidence of the citizens
in the virtues of their Chief Magistrate has essentially
contributed to that success, we persuade ourselves that the
millions whom we represent, participate with us in the
anxious solicitude of the present occasion.
"Yet we cannot be unmindful that your moderation and
magnanimity, twice displayed by retiring from your exalted
stations, afford examples no less rare and instructive to
mankind, than valuable to a Republic.
"Although we are sensible that this event, of itself,
completes the lustre of a character already conspicuously
unrivalled by the coincidence of virtue, talents, success,
and public estimation; yet we conceive we owe it to you,
sir, and still more emphatically to ourselves and to our
nation, (of the language of whose hearts we presume to
think ourselves at this moment the faithful interpreters,)
to express the sentiments with which it is contemplated.
"The spectacle of a free and enlightened nation offering,
by its Representatives, the tribute of unfeigned
approbation to its first citizen, however novel and
interesting it may be, derives all its lustre (a lustre
which accident or enthusiasm could not bestow, and which
adulation would tarnish) from the transcendent merit of
which it is the voluntary testimony.
"May you long enjoy that liberty which is so dear to you,
and to which your name will ever be so dear; may your own
virtues and a nation's prayers obtain the happiest sunshine
for the decline of your days and the choicest of future
blessings. For our country's sake, for the sake of
Republican liberty, it is our earnest wish that your
example may be the guide of your successors; and thus,
after being the ornament and safeguard of the present age,
become the patrimony of our descendants."
To which the PRESIDENT made the following Reply:
"GENTLEMEN: To a citizen whose views were unambitious, who
preferred the shade and tranquillity of private life, to
the splendor and solicitude of elevated stations, and whom
the voice of duty and his country could alone have drawn
from his chosen retreat, no reward for his public services
can be so grateful as public approbation, accompanied by a
consciousness that to render those services useful to that
country has been his single aim: and when this approbation
is expressed by the Representatives of a free and enlighted
nation, the reward will admit of no addition. Receive,
gentlemen, my sincere and affectionate thanks for this
signal testimony that my services have been acceptable and
useful to my country. The strong confidence of my
fellow-citizens, while it animated all my actions, ensured
their zealous co-operation, which rendered those services
successful. The virtue and wisdom of my successors, joined
with the patriotism and intelligence of the citizens who
compose the other branches of Government, I firmly trust,
will lead them to the adoption of measures which, by the
beneficence of Providence, will give stability to our
system of Government, add to its success, and secure to
ourselves and to posterity that liberty which is to all of
us so dear.
"While I acknowledge, with pleasure, the sincere and
uniform disposition of the House of Representatives to
preserve our neutral relations inviolate, and, with them,
deeply regret any degree of interruption of our good
understanding with the French Republic, I beg you,
gentlemen, to rest assured that my endeavors will be
earnest and unceasing, by all honorable means, to preserve
peace, and to restore that harmony and affection which have
heretofore so happily subsisted between our two nations;
and with you, I cherish the pleasing hope that a mutual
spirit of justice and moderation will crown those endeavors
with success.
"I shall cheerfully concur in the beneficial measures which
your deliberations shall mature on the various subjects
demanding your attention. And while directing your labors
to advance the real interests of our country, you receive
its blessings; with perfect sincerity my individual wishes
will be offered for your present and future felicity.
"G. WASHINGTON."
The members then returned to the House, and having resumed their places,
the SPEAKER presented a copy of the PRESIDENT's Answer to the Clerk;
which he read.
MONDAY, December 19.
JOHN HATHORN, from New York, and JOHN MILLEDGE, from Georgia, appeared
and took their seats.
A new member, to wit, ELISHA R. POTTER, from Rhode Island, in the place
of BENJAMIN BOURNE, resigned, appeared, produced his credentials, was
qualified, and took his seat in the House.
MONDAY, December 26.
_National University._
Mr. HARPER moved the order of the day, for the House to go into a
committee on the establishment of a National University. The House
accordingly formed itself into a committee--Mr. COIT in the chair.
When the report was read, Mr. MACON said there was the word
"appropriation" in the report. He did not recollect any having been made
for that purpose. He wished to know what was meant?
Mr. CRAIK said, authority was given for the PRESIDENT to appropriate
about twenty acres of land for the erection of this building; this he
supposed to be what was meant.
Mr. NICHOLAS said, that some time or other the institution of a Seminary
in this District may be of use, but at present, and in the manner
contemplated in this report, it would not do. If carried into effect
thus, it will sometime need an appropriation. We are now, said Mr. N.,
going into the subject, but we know not to what lengths it may carry us;
we do not know where it will end. He did not think the time had arrived
to incorporate a company for building a National University. It would be
taking money from those districts of country which can do for
themselves, and would receive no benefit from this institution. It would
be inconvenient and inconsistent for people living at a considerable
distance to send their children to this University; besides, he thought,
the further children are from home, by being less under the eye of their
parents, the more their morals would be injured. If it be a National
University, it must be for the use of the nation. It will then be
necessary to open funds for the purpose of its support. It is
recommended by the PRESIDENT, it is true; but this is no argument why we
should precipitate the business: it is the last time he will have an
opportunity to address this House, and it being an object he should like
to see encouraged when it was practicable, he took that opportunity to
express it. We are not now in a situation to forward its establishment.
It may be done at some time, but Mr. N. thought it would be many years
first. That district of country would be many years before it could
encourage the hope of such a plan prospering. He thought gentlemen from
other parts of the Union would not say they wanted it for their youth.
He thought if the House once entered into the subject, the
responsibility would fall on it to keep up the institution.
Mr. HARPER said, it did not appear to him that the gentleman last up had
attended sufficiently to this report, for he seemed to be much mistaken
as to its principle. There was nothing in it that contemplated pledging
the United States to find funds for its support; nor was it the object
of the report to establish a National University. He agreed with the
gentleman, that we were not arrived at a period for such an institution.
But gentlemen would see that the object of the commissioners was not to
establish a National University or obtain money from the United States,
but their direct object was, to be incorporated, so as to be enabled to
receive such legacies and donations as may be presented to the
institution, and hold it in trust for that purpose. The PRESIDENT had
already given nineteen acres of land, and signified his intention to
give fifty shares in the Potomac canal whenever there was proper
authority to receive endowments. It appears that there is no authority
at present. The memorial goes no further than to authorize them to
receive such benefactions as may be made, and hold them in trust. How
far, then, this went towards involving this House in its support, he
should leave the good sense of gentlemen to judge. Mr. H. thought the
amount of this memorial could not have any evil tendency, but it may
have a good one; for which reason he hoped it would be agreed to.
Mr. BALDWIN did not know any thing, according to his present views,
which could be injurious in the report. At present it seemed favorable
to him. He had two principal ideas in his mind, which made it appear so;
if neither of which was cleared up otherwise, he should vote for it. The
first thing he should ask was, Is such a thing desirable? And then, Is
there a Seminary so near the spot contemplated, as to make it hostile in
this House to encourage this University? He believed there was none that
this will injure, but that an establishment like this would be very
agreeable in that District. If it was desirable, who could undertake it,
who encourage it, like this House? They could not do it themselves. If,
then, the step is a proper one, it can never be too soon to commence it,
although it may be many years before it may be wanted. The objection may
be, that it would be wrong to incorporate a Literary Society; but we
have frequent instances of incorporation, and nothing can prove it
improper, since no pecuniary aid is required, no grant of money is
asked. If it was, I should, like the gentleman before me, (Mr.
NICHOLAS,) disapprove of it, but not now seeing reason to object, I
shall vote for the report.
Mr. CRAIK.--After the caution the committee had observed in forming
their report, to prevent objections, I am sorry they should be charged
with things they do not in the least merit. If the report contemplated
the raising a fund for the support of this institution from the United
States, there might have been some ground for gentlemen's objections;
but, as there is not the most distant view of such a thing, I am
surprised to hear it objected to. I did not expect it from that
gentleman, (Mr. NICHOLAS.) I did not expect to hear him say, that
institutions of this kind were not wanted there; it might have come
better from gentlemen residing in more distant parts of the United
States.
If this subject was now before the House, sir, I should not be against
proving, at this time, that it is the duty of the United States to
establish a University, and that the sooner it was done the better. But,
as this is not the case, as we are only asked to permit its
encouragement, by allowing these people to receive benefactions, how can
we refuse? Shall we shut the door against individual benevolence? There
are appropriations already made to this institution. There is a fund now
of fifty shares in the canal, which is now valuable and increasing in
value daily. I think the situation for this purpose very good; and the
probable increase of the city of Washington will induce many persons to
benevolence for this purpose. I know of no situation more central, and
believe there is no place of the kind in its neighborhood; and from an
established knowledge it would be a very useful and desirable
institution, shall vote for it.
Mr. W. LYMAN.--As far as I can understand, the land which is now to be
appropriated for this University is the property of the United States.
Does not this look as though the United States are to patronize and
support the establishment? If we take this step, I shall very much
wonder if our next is not to be called upon to produce money. I do not
expect much from the liberality of individuals; and can it be expected
that people from the remote parts of the United States will send their
children to this Seminary? Surely not; and consequently their money will
be lost. It will be a natural source of discontent to them to pay their
money merely for others to obtain the advantage. It may be very good for
people thereabout, but remote parts cannot derive the least advantage
from the institution. We are going quite too fast into this business,
without attending to probable consequences.
I think it would have been more proper, if these people had only wanted
this power, for them to have applied to the State Legislature of
Maryland; it would be more to their interest and duty to encourage a
Seminary if one is wanted in that place. They have sufficient power
vested in them to encourage all such laudable undertakings. For us to
encourage this would be to do injury, instead of having a number of
schools planted in various parts, they are now all to centre in one; and
the people are to neglect all to support this one; as others would
become very weak.
I flatter myself to have as liberal sentiments on such institutions as
other gentlemen, but I do sincerely think small academies are as useful
as this institution for a University. The large institutions are
generally out of the reach of people in general, and of the middling
class in particular. These small academies have produced many eminent
literary characters in the country. If it should be necessary at any
time to form a Seminary for the use of that District, Congress would not
refuse its encouragement; but to draw money for a National University I
hope they never will agree. But gentlemen say this is not asked; true it
is not at this time, but there is that in the principle that will most
certainly lead to it.
Mr. DAYTON (the Speaker) said, if it should ever be the policy of the
United States to establish a National University, he was of opinion this
was an improper time for making the decision. He did not believe the
committee who made the report meant to do more than had been stated; but
the effect, he said, would be what he predicted; this measure would be
looked upon as an entering wedge, and they should hereafter be told they
must go through with it. If gentlemen were prepared to sanction an
institution of this kind they would of course do it; he was not prepared
to vote for the measure, but should give it his negative.
Mr. NICHOLAS said he had not been convinced by the observations of
gentlemen who had spoken in favor of this report that all the mischiefs
would not follow this measure which he before predicted. He inquired
into the purpose of establishing a National University. The PRESIDENT
had said (and the commissioners after him) it was to establish a
uniformity of principles and manners throughout the Union. This, he
believed, could not be effected by any institution. If, said he, you
incorporate men to build a University, are you not pledging yourselves
to make up any deficiency? and, as the building must be commensurate
with the object, they would have an enormous empty house continually
calling upon them for contributions to its support. Whatever moderation
had been observed in framing this report, Mr. N. said it was like many
others which came before them: it was so covered as not to show half the
mischiefs which would attend it. If a plan of education was wanted for
that District, let members from that part of the country say so, and he
would be ready to afford them every necessary assistance; but he would
not think of going into the scheme of a National University.
The district of country from whence it came might stand in great need of
seminaries of learning, as had been hinted by the gentleman from
Maryland, (Mr. CRAIK,) but their ignorance must continue until they were
sensible of their want of instruction. He believed there was no Federal
quality in knowledge, and no Federal aid was necessary to the spreading
of it. Every district of country was competent to provide for the
education of its own citizens, and he should not give his countenance to
the national plan proposed, because the expense would be enormous, and
because he did not think it would be attended with any good effect, but
with much evil.
If a University is wanted for the use of that District, or any other
part, Mr. N. said he would give it all the encouragement possible, but
he could not agree to go to such great lengths--lengths which were not
yet explored.
Mr. R. SPRIGG considered the report before them as of a very harmless
nature. The PRESIDENT, he said, had appropriated land upon which to
erect the University in question. They were not called upon to sanction
that appropriation. His power to give it was full and ample. The thing
was done, and he had promised a future donation. The apprehensions of
the gentleman from Virginia (Mr. NICHOLAS) seemed to arise from his
conceiving they were about to sanction a National University, such as
had been recommended by the PRESIDENT. If this were the case, although
the Representative of that District, he should not give his vote in
support of the measure. On the contrary, he said, they were called upon
merely to authorize proper persons to receive donations for a
University. What sort of institution this should be, would be for the
future consideration of Congress. Mr. S. said he should always be ready
to give his support to every measure which had a tendency to spread
knowledge throughout the United States, as he believed the progress of
knowledge and liberty would accompany each other. The gentleman from
Virginia seemed to think this institution would only benefit a small
circle. He did not think the State of Maryland would be much benefited
by it, as they had already two good universities; but he thought it
doing no more than justice to the owners of property in the Federal City
that this institution should be encouraged. What was asked of them would
not commit them at all for any thing further, and it would be a mean of
turning the attention of the people to the support of an institution of
this kind. For these reasons, he hoped the House would agree to the
report.
Mr. LIVINGSTON said he had thought, like the gentleman last up, that
there was nothing in it but what was perfectly harmless, until,
recurring to the law for establishing the permanent seat of Government,
that something more might be intended than the eye could at first
discover. Mr. L. said, he turned the thing a variety of ways in his
mind, and could not account for some of its obscurities. If nothing was
intended but a mere incorporation, why not apply to the State that could
incorporate such a body? Something further seemed to be intended: public
patronage was wanted to support this institution. They were called upon,
at a moment's notice, to give their encouragement to this National
Institution. It is true, they were called upon from very respectable
authority. They were not called upon to appropriate the public funds to
this purpose; but how far the commissioners are justifiable in laying
out public lands for that purpose, he knew not. He had not the law
itself at hand, but he was doubtful about the just disposal of it, if in
this manner. This land was for public use. The use of this land was to
erect buildings on for the benefit of Congress; and if these
commissioners had power to appropriate it for building a National
University on, they had the same power to give it or make use of it for
any other purpose. Such institutions are not public, but private
concerns.
This, said Mr. L., I view as the effects of the resolution, were it to
be adopted; but I would not be thought as in the least reflecting on the
motives of the gentleman who brought it forward. I believe it will
operate (as a gentleman has justly said) as an "entering-wedge;" and at
some future time we shall be told, we must go on--now we have encouraged
its institution, we must support it. We shall hear more about it at a
future day. Gentlemen tell you, sir, that nothing is intended, but
merely to permit its institution. Why cannot they obtain this power
which is asked of us of the State where it is wanted? The laws there
will permit it, and, most likely, it could be obtained. If this report
is agreed to, the time will arrive when this institution will pretend to
a just claim on this House for its support; and the reasons they will
then urge will have a force which will not be easily repelled.
Mr. MADISON said he was very far from considering, with some gentlemen,
that this is a question of right or policy. These ideas are not
comprehended in the present question. It is not whether Congress ought
to interpose in behalf of this institution or not; it is whether
Congress will encourage an establishment which is to be supported
entirely independent of them. He did not consider it would ask a single
farthing from us, nor that it would pledge Congress to endow the
establishment with any support. The State of Virginia thought proper,
during the war, to present the PRESIDENT with fifty shares in the
Potomac canal, in consideration of his services, which he refused
accepting for his own use. He has now offered to give it to this
Seminary.[4] Some other individuals have likewise destined part of their
land for its support, and other benefactions may be expected. The amount
of this motion before the committee is whether we will grant power and
security to persons to receive such donations in trust for the
institution? He conceived it only in this simple point of view, and he
thought if it was worthy of patronage, it ought to be from the United
States.
The gentleman from New York (Mr. LIVINGSTON) seems to say it is not
necessary for Congress to interpose, as the laws of Maryland allow that
Legislature power to do it, and they are the most proper. Congress has
the sole jurisdiction over that District: it is not with the power of
that Legislature. Their power in that District could only operate by
virtue of a grant from the United States; although it is necessary,
until that District becomes the permanent seat of Government, the laws
of Maryland should be in force there. This being the situation, the
commissioners applied to Congress to give them the power to receive
benefactions.
Another thing which gentlemen had objected to, is its being called a
National University. The report does not call it so; it calls it "A
University in the District of Columbia;" which, he thought, was
materially different. Congress may form regulations for institutions
which may be very good, and yet, not be viewed as national institutions.
It was in this qualified light (for he wished not to consider it a
burden on the nation) he meant to vote for the report.
Mr. SPRIGGS said it had been inquired why the Legislature of Maryland
could not have granted the commissioners what they now pray for? He
answered that they could make no law for that District which should
extend beyond the time at which the seat of Government was to be removed
there. He mentioned some instances that had taken place while he was a
member of that Legislature. This, he said, accounted for the application
of the commissioners to Congress.
On motion, the committee rose, and had leave to sit again.
TUESDAY, December 27.
DEMPSEY BURGES, from North Carolina, appeared, and took his seat.
_National University._
The order of the day was called for on the report of the committee to
whom was referred the memorial of the commissioners of the Federal City,
and that part of the PRESIDENT's Speech, which referred to the
establishment of a National University. The House accordingly resolved
itself into a Committee of the Whole on that subject, when the
resolution, reported by the select committee, having been read, no
gentleman rising on the subject, the Chairman inquired if the committee
were ready for the question, and on being answered in the affirmative,
the question was put and negatived by a great majority.
The committee rose, and the Chairman reported their disagreement with
the select committee.
The House then took up the subject.
Mr. MURRAY rose, expressing his great surprise at the unexpected
decision on the question in the committee. He was very much surprised to
see the committee so changed, no opposition, and yet the report so
quickly negatived; surely gentlemen must have mistaken the question. It
is matter of regret such an important subject should have so little
consideration. The language of the report is perfectly moderate and
just. The gentleman from Virginia, yesterday, gave us to understand that
this institution was to draw its support from the National Treasury; but
on examining the report I can find no such idea held out or intended;
and also he told us this was a National University. The gentleman's
observations are grounded in mistake, or it was effected by an
imagination of evils, of which there could not be the most distant
apprehension. If we refer to the memorial of the commissioners we shall
see they ask no money from Congress; they only ask you to erect a number
of gentlemen into a corporate capacity to enable them to receive
donations from those who are well disposed towards instituting a useful
Seminary in that District; this is no more than they have a right to
expect from Congress, and is the duty of Congress to grant. Yet the
determination of the Committee of the whole House has been carried
against this very desirable and reasonable request. I would again repeat
that the language of the memorial is only to enable them to support a
seminary of learning in that place, and not a single shilling is asked
from the nation. They only want a medium to act upon--an act of
incorporation.
The PRESIDENT has generously signified his intention to make a valuable
benefaction, not less than £5000 sterling, and the wise and good in all
parts of the United States would probably follow his example,
particularly in that neighborhood, if Congress would put them in a way
to receive it; a building would then be begun and some advances made
towards the execution of the institution, in proportion to the fund.
Instead of allowing this to be the case, every possible view has been
given unfavorable to the plan, and every possible supposition formed,
though without grounds, which could tend to blast it. The ideas of
gentlemen have been inferred that a large empty house would arise;--that
it would draw from the United States funds for its support. It may be
possible, but it is no way probable. Is it not more probable that these
gentlemen, knowing they cannot expect national support, will keep
themselves within the bounds of their funds, if they mean to carry on
the institution? Certainly this seems most consistent with the wisdom
and prudence of men in that capacity. Nothing is asked of the public in
the report of the select committee:--nothing they have a right to ask. I
therefore hope, as the request is perfectly reasonable, gentlemen will
not be too hasty to oppose such a measure without due consideration.
Mr. CRAIK.--I must confess I feel as much surprised as my colleague on
the decision which has just been given in the Committee of the Whole.
Some gentlemen who opposed the report yesterday conceived there was some
secret poison lurking within it--some dangerous principle not to be
discovered on its face, which would some time produce baneful
influences--this has been insinuated though not directly said. If so it
must come there by accident, or of itself, which those gentlemen must
allow if they will give themselves the trouble to examine the true
principle of it, and give it a just decision. When we examine the
materials of which this report has been formed, viz: the PRESIDENT's
communication on this subject in his Speech, and the memorial of the
commissioners;--we should be led by those gentlemen to believe, that
this, which is the groundwork of the report, is connected to convey
something which may extend further than it seems to carry its object;
this perhaps is the secret poison hinted at. Were I in the situation of
the PRESIDENT, I am free to confess, had I studied my own feelings and
the great use of the institution, I should have recommended it. It has
been justly said, that the PRESIDENT, from the impulsive importance of
it, has taken this opportunity--this last opportunity to recommend it.
He has recommended it with earnestness; which gives an additional proof
of his sincere regard for the welfare of his country. I hope this will
not be conceived in favor of the idea suggested. The commissioners
seemed to have anticipated the objections which have been made to a
National University, and have purposely avoided inserting it in their
memorial. They have cherished similar ideas which I have, of the
eligibility of such an institution, but foreseeing that plan would not
be approved, they have relinquished that, and only requested
incorporation to enable them to act in trust for the institution. They
do not call upon this House to put their hand into the Public Treasury;
they seem to have possessed somewhat of the prophetic, to see the
necessity of forming their memorial so little objectionable; and yet
there is supposed to be danger in this simple request.
Gentlemen have supposed a responsibility, a peculiar obligation to
support it, would be attached to the United States, were they to give
this privilege. As well might it be said that Congress, by allowing a
bridge to be built, or a road to be cut, would incur the expense, or if
it could not otherwise be done for want of money in the applicants,
would be engaged to do it for them at the national expense. If there are
objections of force in one instance they will apply to the other. If
this is denied it proves that District to be wretched outcasts, being
denied a request the most reasonable, natural, and just that can be
contemplated. Many of the objections urged, indeed most of them, against
the admission of this report, do not go so much to the exclusion of the
measure, as to the danger of Legislative interference. Gentlemen say, if
we move in it--if we put our hands at all to it, we pledge ourselves to
effect it. If this is the situation with the people of Columbia, the
year 1800 will be a woful year to them; this is an unhappy presage of
the jurisdiction to be exercised on that country. If it is inexpedient
for that District to have a Seminary of Learning, let gentlemen who
could state it with truth, come forward and say so. If the objections of
gentlemen are not grounded on the danger of this House pledging itself
to support the institution nor on the inexpediency of such a thing in
that District, I am at a loss, for my soul, to conceive on what ground
their objections are formed. I was surprised yesterday to hear the
opposition come from the quarter it did; and am equally surprised to
find such an opposition now. In my view there is a very great want of
Seminaries of Learning in that District.
If we take a view on the south side of the Potomac, for a considerable
extent of country, there is no institution to answer any desirable
purpose. There is the greatest probability of a rapid increase in the
population. Is it not reasonable, then, that an institution of this kind
should be established in that place? And if reasonable at all, are we to
wait till the period arrives when the country is thickly inhabited
before we commence a building and project the plan? I have long thought
that in this young country such a thing was necessary. It should be now
begun, to grow up with its growth and strengthen with its strength. We
should now lay the corner-stone--the foundation to build upon. Though
such a Seminary cannot be established now, it may fifty years hence; and
it can never be too soon to commence a good institution. We are not
called upon to travel into the fields of speculation for the purpose of
finding funds to support this plan; there are funds which present
themselves to view. We only want a grant to secure the benefactions in
prospect. The PRESIDENT has employed a handsome benefaction for this
purpose; and I much wonder that gentlemen from that part of the Union
should oppose measures that would only encourage its reception. When I
take a view of the extent of country which lies much in want of a
Seminary, I feel surprised that such measures towards its growth should
be denied.
If there are any gentlemen here who oppose the advancement and growth of
that District which they have taken under their wing, they should come
forward and declare it; we then should have ground to account for their
conduct. If we are determined to deny these people common justice, we
dispirit them. There is no circumstance which can occur that will tend
so much to discourage the growth of that State; if we forbear to do them
this justice, we exclude them looking up for those common rights which
could be enjoyed in any other Territory of the United States. I hope
this House will never deny to that people, rising into existence, this
small privilege. Is it a strange thing, I would ask gentlemen, for a
State to grant charters? I answer, no. And for this State to be denied
this privilege only to secure a fund for such an excellent institution,
I believe is quite a novel idea. I hope if there are any doubts on this
subject, they will lie over for future consideration; and I hope we
shall be careful not to damp the attempts of that people by a conduct
which could not be refused by any State in the Union; and that Congress
should refuse it without assigning a sufficient reason is unprecedented.
I hope it will lie over for future consideration, and not be refused so
quickly.
It was moved that the subject should lie over until the second Monday in
January.
The question for postponement was put and carried--ayes 37, noes 36.
WEDNESDAY, December 28.
_Relief to Savannah._
Mr. W. SMITH wished the House to resolve itself into a Committee of the
Whole on the resolution, which he had the other day laid upon the table,
proposing to afford some relief to the sufferers by the late fire at
Savannah. For his part, he said, he could see no reasonable objection
which could be made to so benevolent a proposition. A gentleman in the
House had got a plan of the ruins of the city; it was, indeed, a most
distressful scene. There had never occurred so calamitous an event of
the kind in the United States, or which had so strong a claim upon the
General Government for relief. He said they had granted assistance to
the sufferers by fire at St. Domingo; and surely if it were justifiable
to grant relief to foreigners in distress, it was at least equally so
when the objects were our own citizens. If gentlemen had objections to
the measure, he wished they would state them. The sum with which he
should think of filling up the blank would not be such as to materially
affect our finances.
Mr. MILLEDGE said, if the unfortunate had any claim upon the Government
for relief, none could have greater than the citizens of Savannah. Few
houses, he said, were remaining of that city, and those few were the
least valuable. Not a public building, not a place of public worship, or
of public justice--all was a wide waste of ruin and desolation, such as
scarcely could be conceived, and as it were impossible to describe. He
hoped some relief would be afforded to distress so unexampled.
Mr. COOPER said, it was a very unpleasant thing to come forward to
oppose a measure of this sort; but, when they looked into different
parts of the Union, and saw the losses which had been sustained at New
York, Charleston, &c., it would appear only reasonable that, if relief
was afforded in one case, it ought to be extended to another; and, if
this resolution were agreed to, he should certainly move to have some
relief afforded to New York. He hoped, however, the business would not
be proceeded with. If the principle were a good one, it would bear going
through with; but it would be seen this would, on the contrary, prove a
dangerous one. What they did to-day, he said, should bear repeating
to-morrow. If they were to make good losses by fire, there would be no
occasion for insurance companies, nor any inducement to build with brick
in preference to wood. He felt as much as others for the distresses of
the people of Savannah, but was of opinion it was not a proper business
for the interference of that House.
Mr. W. SMITH agreed with the gentleman last up that this would be
considered as a precedent; he agreed that they ought not to do that
to-day which ought not to be done to-morrow. It might be brought forward
as a principle upon which we should be bound to relieve New York or
Charleston; but the question is, whether this is not a distinct case?
This is a case awfully distinguishable from all others; and if a case
like the present will not be often found, this House are certainly not
bound to grant relief in others, though in this. He trusted such a case
would not be again found to solicit relief. Charleston, he said, had
experienced a great calamity by fire, but had not asked relief of that
House; and it was probable if it had it would not have been granted,
because its distresses are not so great. In a distressing situation like
that now before us aid can be afforded by the many towards alleviating
the distresses of the few. Hence arises the advantages from public
contributions; and would that House, he asked, refuse their assistance?
It would not be felt by the public purse. It has been said, to adopt
this resolution would have a dangerous tendency, inasmuch as it would
encourage a neglect of insurance. But the evil has come; the unfortunate
circumstance has occurred; four-fifths of that unfortunate city has been
destroyed, and their distress is great. Such a circumstance may not
again happen for a century. The amazing value of £500,000 sterling
damages is done; and shall we refuse to give a trifle to assist, with
others, towards removing the present distressed situation of some of the
unfortunate inhabitants? I trust not. It is not asked of the House to
indemnify the loss of these sufferers. No, sir; it is only asked that
the General Government should give the trifling sum of fifteen or twenty
thousand dollars to afford these people some relief.
The question was then put for the House to resolve itself into a
Committee of the Whole on the subject, and lost--yeas 38, nays 39.
It was then moved that the committee be discharged from the further
consideration of the subject.
Mr. W. LYMAN hoped the business would not be disposed of without going
into a Committee of the Whole. He thought more respect was due to the
feelings of the sufferers than to dispose of the subject without
discussion. He hoped the committee would not, therefore, be discharged.
Mr. HARTLEY trusted the committee would not be discharged. He believed
the destruction of Lisbon by an earthquake did not occasion greater
mischiefs than the late fire had done to Savannah. The Legislature of
Pennsylvania, which had no greater power than the General Government to
afford relief to these sufferers, had given $15,000. Indeed, he thought
it more the province of the General Government than of State Governments
to afford relief in such cases.
Shall we, said he, treat the citizens of Savannah with more disrespect
than the people of St. Domingo? This House then gave $10,000 or more for
the relief of those people, and shall we not now have liberty to discuss
the subject, whether to give or not to our own citizens? Although, he
said, he would not wish to draw a precedent from English transactions,
yet he would observe that their generous benevolence to the unfortunate
sufferers by the earthquake at Lisbon, though only commercially
acquainted was worth imitation, to whom they gave £100,000. Mr. H. was
sorry gentlemen should endeavor to prevent this by bringing in the
calamities in New York and Charleston. Those were only personal losses;
this was a general conflagration, a catastrophe unprecedented; and he
hoped, for the sake of humanity and national honor, this House would
never withhold relief.
Mr. SPRIGG hoped the committee would not be discharged, but that they
would go into the business at an early day. He said, he had not made up
his mind how far they had power to afford relief in a case like the
present. There was an instance in the relief afforded to the daughters
of the Count de Grasse, as well as that given to the sufferers at St.
Domingo. He wished for further time to make inquiry on the subject. If
there were not insuperable objections to the measure, he hoped relief
would be afforded.
Mr. HARPER acknowledged that it was sound policy in Government to keep a
strict eye over its Treasury; but this watchfulness ought not to go to
the rejection of all claims, however just and proper. He thought the
tenaciousness of approaching the Treasury was carried too far in the
present instance. He would ask, what was the use of society if it were
not to lessen the evils of such calamities as the present, by spreading
them over the whole community, instead of suffering them to fall upon
the heads of a few individuals? He thought it the duty of Government to
alleviate such peculiar distress as the present. It was said this would
prove a dangerous precedent, and prevent necessary provisions against
fire. If they were about to make good the whole of the £500,000
destroyed, there might be some ground for the alarm; but when fifteen or
twenty thousand dollars only were contemplated to be given, no great
danger could surely be apprehended. The fires at New York, Baltimore,
and Charleston, had been mentioned; but what were the means of Savannah
when compared with New York? Not as one to twenty. New York was rich
enough to bear her loss, but this could not be said of Savannah, all the
inhabitants of which were reduced to poverty and distress. They could
not, therefore, get relief from their fellow-citizens; and to whom could
they look for protection and relief with so much propriety as to the
General Government? When compared to Charleston, the loss of Savannah
was of ten times the magnitude as that experienced by it. The loss of
Charleston was alleviated by a subscription of $30,000 from its own
citizens, besides the handsome contributions which were made in other
parts of the Union; but there was no property left in Georgia to afford
relief to the sufferers. Suppose, said Mr. H., we were to give thirty
thousand dollars towards this loss, what would it be when divided among
the whole Union? And yet it would be enough to draw down countless
blessings upon us from these objects of distress. He hoped, therefore,
the committee would not be discharged. It was a case of peculiar and
almost unprecedented affliction, such as he hoped would not again occur;
and a decision in their favor would be applauded by every man, woman,
and child in the Union.
The question was then taken for going into a Committee of the Whole on
the subject, and carried by a considerable majority, there being 45
votes for it.
The House accordingly resolved itself into a Committee of the Whole,
when
Mr. W. SMITH said, he did not propose to fill up the blank at that time.
If the resolution was agreed to, the sum could be put in when the bill
came into the House. He himself should not think of proposing to fill
the blank with more than 15,000 dollars. This, it was true, was but a
small sum, but it would afford relief to the poorer class of sufferers,
and others could not expect to receive the amount of their losses. He
should move that the committee might rise and report the resolution.
Mr. HARTLEY called for the reading of the act allowing relief to the
sufferers by fire at St. Domingo. [It was read. It allowed 15,000
dollars for their relief, which sum was to be charged to the French
Republic, and if not allowed in six months, the relief was to be stopped
after that time.]
Mr. MACON wished the act allowing a sum of money to the daughters of
Count de Grasse to be read also. He did not think either of them in
point. The sufferings of the people of Savannah were doubtless very
great; no one could help feeling for them. But he wished gentlemen to
put their finger upon that part of the constitution which gave that
House power to afford them relief. Many other towns had suffered very
considerably by fire. He believed he knew one that had suffered more
than Savannah in proportion to its size: he alluded to Lexington in
Virginia, as every house in the place was burnt. If the United States
were to become underwriters to the whole Union, where must the line be
drawn when their assistance might be claimed? Was it when three-fourths
or four-fifths of a town was destroyed, or what other proportion?
Insurance offices were the proper securities against fire. If the
Government were to come forward in one instance, it must come forward in
all, since every sufferer's claim stood upon the same footing. The sum
which had been given to the sufferers at St. Domingo was to be charged
to the French Republic, and that given to Count de Grasse's daughters
was in consideration of their father's services. But New York had as
great right to come forward and expect relief as Savannah. He felt for
the sufferers in all these cases, but he felt as tenderly for the
constitution; he had examined it, and it did not authorize any such
grant. He should, therefore, be very unwilling to act contrary to it.
Mr. RUTHERFORD said, he felt a great deal of force on what gentlemen had
said. There were two circumstances which were perfectly conclusive in
his mind. He saw it our duty to grant relief from humanity and from
policy. Savannah was a city of a minor, helpless State; it was a very
young State, yet it was a part of the Union, and as such, was as much
entitled to protection as any State under such a direct misfortune; and
it became Congress to alleviate their great distress. They have lost
much; they have, many of them, lost their all. To say we will not assist
to relieve, when almost every State in the Union is putting their
shoulders to support these people's burden, is wrong. The State of
Pennsylvania has done itself immortal honor in the relief it has
afforded, and shall we not help to support this part of the family in
their distress? This State is a branch of the great family of the Union;
it would be, in my idea, extremely inconsistent to neglect them. He
hoped the motion would be adopted, and he hoped it would never be said
that the General Government refused to provide help in such a poignant
distress occurring in one of its principal towns.
Mr. HARTLEY said, that the gentleman from North Carolina (Mr. MACON) had
voted against both of the bills which had been referred to. He knew no
difference between the Constitution of the United States and that of
Pennsylvania, yet a vote in their House had been carried unanimously. He
thought the law for the relief of the sufferers of St. Domingo perfectly
in point; for, notwithstanding what was said about negotiation, the
distress of those people had consumed all the money before the six
months were expired. If ever there was a case in which they could grant
relief, this was one. The losses at New York and Charleston would bear
no comparison with that of Savannah; they were rich and flourishing
places, whilst Savannah was a small city of a new State, and the
sufferers generally poor. He hoped, therefore, the resolution would be
agreed to.
Mr. MOORE said, the laws which had been adduced as precedents were not
in point; for the one sum we were to have credit with the French
Republic, and the other was in consideration of past services. The
distress of the people of Savannah was not an object of legislation;
every individual citizen could, if he pleased, show his individual
humanity by subscribing to their relief; but it was not constitutional
for them to afford relief from the Treasury. If, however, the principle
was adopted, it should be general. Every sufferer had an equal claim.
Lexington, in Virginia, contained only one hundred houses, and all
except two had been destroyed by fire. He should therefore move to add
Lexington to Savannah in the resolution before them; though he would
observe, as he did not approve of the principle, he should vote against
them both.
Mr. VENABLE did not see the difference between the two cases which was
so distinguishable to the gentleman last up. Because Savannah was a
commercial city, its distress, according to that gentleman, was
indescribable, but when a like scene was exhibited in a small town, it
was no longer an object which touched his feelings. His humanity went no
where but where commerce was to be found. He asked whether the United
States might not as well lose revenue in the first instance, as put
money into the people's pockets to pay it with? Humanity was the same
every where. A person who lost his all in a village, felt the misfortune
as heavily as he who had a like loss in a city, and perhaps more so,
since the citizen would have a better opportunity by means of commerce
of retrieving his loss. He was against the general principle, as he
believed, if acted upon, it would bring such claims upon the Treasury as
it would not be able to answer.
Mr. MURRAY thought the gentleman from Virginia (Mr. VENABLE) carried his
idea of relief too far. He had no idea that that House, or any
Legislature, could undertake to make good individual misfortunes. He was
of opinion that the lines which separated individual from national
cases, were very observable; the one was happening every day, the other
seldom occurred. When a large town is burnt down, and that town is an
important Southern frontier town, it is surely a national calamity, and
has a claim upon the humanity of the country. It was true, the claim was
not of such a nature as to be brought into a Court of Justice, but it
was a calamity in which the whole nation sympathized. It was not only a
claim upon the humanity of the nation, but also upon its policy, as, by
restoring it to its former situation, it would be able to bear its
wonted part in contributing to the revenue of the country, and would
continue to carry population, arts, and wealth to that distant part of
the Union. In case of war, Savannah was a most important place. It was
necessary the Union should have a town in that situation, and he could
not consider any money which might now be advanced as given away, but as
lent to that town, which might enable it, in a few years, to resume its
former situation, whilst the withholding of it might prevent its ever
rising from its present ruins.
Mr. KITCHELL was opposed to the amendment and to the resolution itself.
He had doubts if even they were to give the citizens 15,000 dollars, as
was proposed by the gentleman from South Carolina, whether they should
not, instead of service, be doing them an injury; because, if the
General Government were only to give this sum, the State Legislatures
would proportion their donations accordingly, and probably give much
less than they would otherwise have done, if they had not had this
example before them. He had doubts as to the constitutionality of the
measure; he thought the constitution did not authorize them to make such
use of public money; however, he thought it might be a very flexible
instrument; it would bend to every situation, and every situation to
that. He thought, in this instance, if we grant money, while we attempt
to serve, we shall eventually injure. As to what the gentleman from
Virginia says of Lexington, Mr. K. thought it had been fully relieved;
however he should vote against both propositions.
Mr. PAGE said, that he was sorry that his colleague had made this
amendment, as he had done it with a view to defeat the original
resolution. If humanity alone were to direct his vote upon this
question, and if the amendment had been proposed more early and singly,
he might have voted for it. But that not being the case, it, as well as
motives of general policy, influenced him in favor of the original
motion. He had reasons which could not apply to the amendment. He should
vote against it. He was bound by order to confine himself to the single
question before the committee. This is, Shall the amendment be received
or not? He declared it as his opinion that the case of Lexington ought
not to be connected with that of Savannah, which had been, as stated by
the member from South Carolina, materially different. He was restrained
by order from entering into the merits of the original resolution, but
he thought that he had a right to hint at the motive of policy which
would apply to the resolution, and not to the amendment. This was, that
Savannah being an important place, it would be wise and politic to
prevent its revival from being owing to any other aid than that of the
General Government of the United States. It ought not to be under
obligations to individuals, or single States, and much less to a foreign
power.
Mr. HARTLEY hoped the amendment would not prevail. If the loss of the
people at Lexington had been greater than they could support, they would
doubtless have applied to the Legislature of Virginia, but he had not
heard of any such application having been made. He agreed with the
gentleman last up, that the General Government ought to relieve
distresses of this kind.
Mr. MURRAY inquired when the fire happened at Lexington?
Mr. MOORE answered, about nine months ago. He thought it was the duty of
the United States first to pay the claims which were made upon them by
distressed soldiers and others for past services, who were denied
justice because they had passed an act of limitation. If they were to
act from generosity, he said that generosity ought to be extended
universally. It was a new doctrine that because a sufferer by fire did
not live in a commercial city he was not equally entitled to relief with
the inhabitants of a city, and that though such persons were called upon
to contribute to the losses of others, they could have no redress for
their own. This seemed as if favorite spots were to be selected upon
which special favor was to be shown. He was opposed to all such
humanity.
Mr. CLAIBORNE was against the amendment, but he hoped the resolution
would be agreed to. He was sorry any gentleman should propose an
amendment like this, purposely to defeat a motion which would tend to
relieve such sufferers as those of Georgia must be. He was not certain
whether he could vote upon constitutional grounds or not. It was a sharp
conflict between humanity to that suffering country and the
constitution. If any case could be admissible, he thought this could; it
ought to be remembered, that that part of the Union has suffered much.
Georgia was a slaughter-pen during the war, besides being continually
harassed by the hostile Indians. He thought 15,000 dollars would not be
ill-spent, as from motives of policy it would be of more advantage to
the United States from the quick return the revenue would gain. Indeed,
if constitutional, he hoped the sum would be made more than proposed.
These are your fellow-citizens who are suffering, and if not speedily
relieved, the whole interest will be involved. If in order, he would
vote that the committee rise, to enable him and, perhaps, many others,
to consult whether relief could be constitutionally granted? He said he
felt a great propensity to do it.
The question was put on the amendment and negatived--there being only 26
in favor of it.
Mr. BALDWIN said, he had doubted whether to make any observations on
this motion; not that he was insensible to the calamitous situation
which had been the cause of it, but from an apprehension that it might
be thought he was too strongly affected by it. Though it might be
disagreeable to one to give his judgment and urge his opinions, when his
own relation to the question was different from that of others, yet some
of the reflections might not be useless to those who were to determine
it. He was sure it was not a want of disposition to relieve the unhappy
sufferers that had or would draw forth an observation on this occasion,
but merely doubts as to the powers of the Federal Government in money
matters. The use of a written constitution, and of that provision in it
which declared that no money should be drawn from the Treasury but under
appropriations made by law, was very manifest from the caution which it
gave in the expenditure of public money and in laying burdens on the
people; yet he believed it impossible to obtain absolute directions from
it in every case. The objection is, that Congress is empowered to raise
money only to pay the debts and to provide for the common defence, and
the other purposes, exactly as specified in the 8th section. The
objection has often been made, but many laws have passed not exactly
specified in that section. He mentioned the private acts before alluded
to, the law for establishing light-houses, to aid navigation in the
improvement of harbors, beacons, buoys, and public piers, establishing
trading-houses with the Indians, and some others, to show that though
the constitution was very useful in giving general directions, yet it
was not capable of being administered under so rigorous and mechanical a
construction as had been sometimes contended for.
Mr. GILES said, if the present resolution passed it would make them
answerable for all future losses by fire. The small sum of $15,000 was
not of any consequence when compared with the establishment of a
principle of that House acting upon generosity. He believed that
neither the money nor humanity, but the establishment of the principle,
was the thing aimed at. The unanimity with which a resolution had passed
the Pennsylvania Legislature, was a proof that they believed they had
the power to pass such a law. It was said the General Government
possessed the authority. The gentleman from Georgia had said that
"affairs of men" made it necessary to depart from the strict
constitutional power. For his part, he did not think they ought to
attend to what "the affairs of men" or what generosity and humanity
required, but what the constitution and their duty required.
The authority of that House, he said, was specified, beyond which they
ought not to go. This was a principle not within the constitution, but
opposed to it.
There had, he said, been several cases introduced. That of the sufferers
of St. Domingo was not a case in point. They looked for a reimbursement
of the money. He believed it had been repaid. And when the daughters of
the Count de Grasse had $4,000 given them, it was thought to be
necessary to introduce their father's services as a consideration. His
feelings, he said, were not less alive to the calls of humanity than
those of other gentlemen; but, by granting the money required, they
should go beyond their powers, and do more real injury than good.
Mr. CLAIBORNE said, the more he heard, the more he found himself in
favor of the resolution. By the discussion it had undergone, he was
inclined to think it was, perhaps, reconcilable with the constitution;
perhaps it was, he said, for he was not certain. The annual revenue, he
said, of that place, was seventy thousand dollars to the United States,
besides the great consideration of it as a frontier town. He had
compared the advantages and disadvantages with respect to its relief in
his own mind, and thought it would be highly consistent with policy to
grant relief. It was a place which had been in great distress, and had
great struggles with enemies in times past. Can it be possible to
suppose that we have not power to assist in erecting that place again,
and putting it upon a footing to do good to the United States by a
return of her revenue? Certainly not. Would the committee be willing
that Savannah should be erased from the revenue? Are they willing to let
it rest, and lose it? This is impossible. Then, surely, it becomes
policy to give aid towards its re-erection. Unless the people do receive
some aid, it will be a long time before seventy thousand dollars will be
again produced from the revenue of that place.
The committee then rose and reported their disagreement, when the House
took it up.
The question was then taken, and the yeas and nays demanded, "that the
House do agree with the Committee of the whole House in their
disagreement to the motion," and resolved in the affirmative--yeas 55,
nays 24, as follows:
YEAS.--Theodorus Bailey, David Bard, Thomas Blount,
Theophilus Bradbury, Richard Brent, Samuel J. Cabell,
Gabriel Christie, John Clopton, Joshua Coit, Isaac Coles,
James Davenport, George Dent, Abiel Foster, Jesse Franklin,
Nathaniel Freeman, jr., Ezekiel Gilbert, William B. Giles,
James Gillespie, Nicholas Gilman, Chauncey Goodrich,
Christopher Greenup, Roger Griswold, William B. Grove,
Carter B. Harrison, John Hathorn, Jonathan N. Havens, James
Holland, Andrew Jackson, George Jackson, Aaron Kitchell,
John Wilkes Kittera, Edward Livingston, Samuel Lyman,
William Lyman, Samuel Maclay, Nathaniel Macon, Andrew
Moore, Anthony New, John Nicholas, Josiah Parker, Francis
Preston, John Read, Samuel Sewall, Nathaniel Smith, Israel
Smith, Richard Sprigg, jr., William Strudwick, John
Swanwick, Zephaniah Swift, Richard Thomas, Philip Van
Cortlandt, Joseph B. Varnum, Abraham Venable, Peleg
Wadsworth, and John Williams.
NAYS.--Abraham Baldwin, Dempsey Burges, Thomas Claiborne,
William Craik, George Ege, Dwight Foster, Henry Glenn,
Andrew Gregg, Robert Goodloe Harper, Thomas Hartley,
William Hindman, Francis Malbone, John Milledge, Frederick
A. Muhlenberg, William Vans Murray, John Page, Elisha R.
Potter, John Richards, Robert Rutherford, John S.
Sherburne, Samuel Sitgreaves, Jeremiah Smith, Isaac Smith,
and William Smith.
THURSDAY, December 29.
GEORGE HANCOCK, from Virginia, appeared, and took his seat.
_Canadian Refugees._
Mr. WILLIAMS moved for the order of the day, that the House resolve
itself into a committee on the reports of committees to whom were
referred the petitions of sundry refugees from Canada and Nova Scotia.
The first resolution read from the last report of the select committee
on this subject, was in these words:
"_Resolved_, That the prayer of the Petitioners, Joseph
Green and others, from Canada, praying a bounty in lands
and other pay, for services rendered in the late war with
Great Britain, ought not to be granted."
This resolution was agreed to. The second was thus:
"_Resolved_, That a tract of land, not exceeding ----
acres, be laid off north-west of the Ohio River, beginning
at the mouth of the Great Miami, and extending down the
Ohio, not exceeding three times the breadth in length, be
immediately appropriated to compensate the refugees from
the British provinces of Canada and Nova Scotia, pursuant
to the resolves of Congress of the 23d of April, 1783, and
the 13th April, 1785."
Mr. WILLIAMS hoped the situation of the land would not be mentioned in
the resolution; there were many circumstances that would render it
unnecessary and improper.
Mr. HARTLEY wished to know where the land was to be, because the value
of the land in different places was various; he thought they ought to
have land: he would not be thought to object to the resolution.
Mr. VENABLE did not think it necessary to mention at this time what land
should be appropriated for this purpose. A bill would be introduced in a
few days, it could then be determined. If there were objections to
appropriate the land mentioned, he hoped gentlemen would then propose a
spot that would suit every conveniency better. These people, he said,
ought to be satisfied: it was time they were.
Mr. DAYTON said, that the Chairman of the committee said there was no
land near Lake Erie of that description belonging to the United States;
he wished to know what foundation the assertion had?
Mr. GREENUP said, the committee had made what inquiry they could on the
subject, of persons well informed, who told them there was no land
belonging to the United States of that description.
Mr. SITGREAVES would vote for striking out the clause as it stood, not
from any knowledge he had on the justice of the claims, but, if just,
satisfaction should be given. The committee had not reported as to the
value of land necessary to be given; the value of land was proportioned
to its different qualities and location; he thought it would be as well
for these people, to give them military land warrants, and let them
locate by lot: this had heretofore been the method, and he thought it
would be as advantageous to them as any, and avoid many difficulties
with respect to the grant.
Mr. MACON hoped the question would be divided; he liked the proposition
of the gentleman last up, to strike out, and insert the words proposed;
he therefore would wish the committee to rise, and report progress; or,
if the House do not adopt the substitute, he hoped it would be
recommitted.
Mr. DAYTON moved to strike out the words relative to location, and
substitute the following resolution:
"_Resolved_, That provision ought to be made by law for
granting donations of land to Canadian and Nova Scotia
refugees, in conformity to the resolves of Congress of the
23d of April, 1783, and the 13th of April, 1785."
This resolution was adopted.