Amendments to the Constitution, [8 June] 1789 — reading text

Britain, he was bound by that a6t and his alle- giance translerred to that iociety, or the fovereign which tliat fociety ihould letup, becaufe it was through his mem- berlhip of the locie-y of South-Carolina, that he owed al- legiance to Great Britain. This reafoning will hold good, unleis it is fuppofed thac the Icparation which took place between thefe ftates and Great Britain, not only d.dolved the union between thofe countries, but diflolved the union among the citizen them- felves: that the original co npact, which made them alto- gether one fociety, being dillolved, they could not fall into pieces, each part making an independent fociety, but mud individually revert into a Itate oi nature ; but 1 do not conceive that this was of necellity to be the cafe, I believe fuch a revolution did not abfolutely take place. But ia luppohng that this was the cafe lies the error of the rae» morialift. I conceive the colonies remained as a poliiical fociety, detached fro'n their former con-neftion with another fociety, wiihout dilfolving into a tlate of nature ; but ca- pable of fubltituting a new form of government in the place of the old one, which they had fcr fpecial conlidcra- tions abolilhed. Suppofe the itate of South Caroiiiia Ihould think proper to revile her conftitutiun, aoolii'h that which now cxilts, and eltablilh another form ol govern* D d d  ; 394 nient : DEBATES A. 1789, Surely this would not d;(l'olve the focial compadl ,? it wiyuld not throw thein buck into a itate of nature? is; would not diffblve the union between the individual mem- bers of that fociety ? it would leave them in perfect fo- ciety, changing only the mode of aftion, which they are always at. liberty to arrange? Mr. Smith being then, at the declaration of independence, a n^iinor, but being a member of that particular Ibciety, he became, in my opi- nion, bound by the decision of the lociety with refpeft to the queftion of independence and cliange of govern;nent and if afterward he had taken part with the enemies of his country, he would have been guilty of treafon againlt that government to which he owed allegiance, and would have been liable to be profecuted as a traitor. If it is laid, th^^t very inconvenient circumfiances would refult from this principle, that it would coniiicute ail thofe peribns who are natives of America, but who took ])art againil the revolution, citizens of the United Staces, I would beg leave to oblerve, that we are deciding a quelH- on of right, unmixed with the quetlion of expediency, and mini therefore pay a proper attention to this principle. But I think it can hardly be expected by gentlemen that the principle will operate dangeroufly. Tliofe who left their country to take part with Britain were of two del'criptions, minors, or perfons of mature age. With relped to the latter nothing can be inferred with refpecl to them from the decilion on the prefent cafe; becaufe they had the power of making an obtion between the contending parties : wliether this was a matter of right or not is a quelUoa which need not be asHtated in order to fettle tlie cafe be- fore us. Then, with refpeft to thofe natives who were minors at the revolution, and whole cafe is analogous to Mr. Smith's, if we are bound by the precedent of fuch a decifion as ws are about to make, and it is declared, that they owe a primary allegiance to this country, I iiWl think Vve are not likely to be inundated with fuch characters fo ; far as any of them took part againfl: us they violated their allegiance and oppofed our laws ; fo then there can be only a few charaflers, fuch as. were minors at tiie revolution, and wlio have never vickted 'their allegiance by a foreign connection, who can be affected by the deciiion of the pre- leut queition. '1 he number I admit is large who might be ackno.vledged citi^-cens on my principles ; but there will very few be found daring enough to face the laws of the country th>ry have violated, asid agaiuii; wliith they have coinmUied high treafjn. A. 1789. Of C O N G R E S S. 395 So far as we can judge by the laws of Carolina, and the practice and decifion of that (late, the principlesI have ad- duced are fupported ;and I mnli own that 1 feel myfclfat liberty to decide, that Mr. Smith was a citizen at the de- claration of independence, a citiz?n at the time of his elec- tion, and confequently entitled to a feat in this legiflaiure. Mr. BoUDiNoT ExprefTed an apprehenfion, that ti)e principle fupported by the gentleman from Virgin':'., vvould tet:d to injure tiie ftate of New-jerfey very confi'.icrably he was aiVaid it ; would be conllrued to embrace all the natives of A uerica who had delerted their country's ca'.ilc dnrino-the late war* and, on this account, he was againfl dec'diug infdvcr of the propofed refolutiou, tho' he believed Mr. Smith to be fairly ai;d conftitutional'y entitled to a lea: in that houfe. Mr. Tucker Ploped that the yeas and nays would be taken on this queftion, not bccaufe he had any doubt in his own mind of Mr. Smith's right to a feat ; but becaufe he had been iblicited by Doftor Ramfay to have the yeas and nays taken. The queftion was put, and one- fifth of the members prefent fupported the call for the yeas and nays, which were taken. Thofe who voted in the affirmative, are. .\braham Baldwin, James Madifon, junicrj, Egbert Benibn, Andrew Moore, Elias Boudinor, Peter Muhlenburg, Lambert Cadwalader, John Page, Daniel Carroll, Teremiah Van ilenffelaer, George Clyiner, jolhua Seney, IfaacColes, James Schuremaii Benjamin Contee, '1 homas Scott, Thomas Fitzlimons, Thomas Sinuickfoii, and William Floyd, William Smith, of (Maryl.) Nicholas Oilman, Jonathan Sturges, Benjamin Goodhue, Peter Sylvciter, Daniel Heiiler, George Thatcher. Benjamin Huntington, Joi.aihan Trumhull, John Lawrance, 1 hou;as Tudor 1 uckcr, llichard Bland Lee, John Vining, George Leonard, Alexander White, and Samuel Livermore, Renry Wynkcop. Jonathan Grout, voted in iheifFgativc; Adjourned until Monday.  3,p6 DEBATES May 25. A. 1789. Another member, to wit, Thomas Sumpter, from South, Carolina, a|ipeared and took his feat. Mr. Pa. tridgp, from the committee appointed jointly with acominitcee of the fenate, to prefcnt to the prefi- dent cfthc United States, for his appobation, the engrofled bill, entitled, " An adl to regulate the time and manner of adminiltering certain oaths," reported, that the commit- tee did, according to order, on Friday laft, wait on the pre- fident, and prefent him with the fa d engrofled bill, for his approbation. The honfe, according to the order of the day, refolved itfelf into a committee of the whole houfe, on the itate of the union, after forne time fpent therein, the chairman re- ported, that the committee had, according to order, had th? ilate cf the union under confideraiion, and had come to no refoiution thereupon. The Jioufe proceeded to conHder the report from ths committee of eleiflions, to whom it was referred to report a proj)e)- mode of iuvell'gation and decifion, on the petition a number of the citizens of New-Jerfey, complainiiig of the illegality of the election of the members holdiwg feats in this houfe, zs eleded within that (late ; and the faid report being amended, to read asfolloweth : i hat it will be proper to appoint a committee, before ^vhom the petitioners are toappear, and who fliall receive inch proots and allegations, as the petitioners ihall judge proper to offer, in fupport of their laid petition, and who ihali, in like manner, receive all proofs and allegations from perions who may be dcHrous to appear and be heard in op- pout, on to tlie laid pif tition, and to report to the houl'e all fuch hds. as IhaU arife from the proofs and allegations of the refpe(ftive parties. Reiolvcd, that this houfe doth agree with the committee in the laid report, and that it be an inftrudilion to the laid comuiittee of eleifiions to proceed accordingly. On motion, Refolved, th't a committt-e be appointed to confer with any comn<ittee which may be appointed by the lenate, on the proper method of receiving into either houfe, bills, or melLges, from the prcfidcnt of the United States. Tiie members appointed, PvTr. Partridge, Mr. Floyd, and Mr. Thatcher. On motion, Ordered, that the committee of the whole Iioufe,on the flate of th.e union, be difcharged from further piocetding on the motion to them coHjmitted, for makiug A. 1789. Of C O N G R E S S. 367 a coinpenfation to the prefident of the United States, for his fervices, and that a committee be appointed to take into coniideration iht fubjec^ of conij:enfations to be n ade for the I'ervices of the prtiident, vice-prefident, the meinbers of the i'enate and houfe of reprefentatives, and ^to report thereupon. The members appointed, Mr. BaMwin, Mr. Vinirg, Mr. Livermore, Mr. N-adifon, Mr. Ijenfop, Mr. Burke, Mr. Fitzli'.nons, Mr Boudmot, M*-. WacJfworth, Mr. Gerry, Mr. C idwaluder, ai d Mr. bmith, of Maryland. Mr WadfAorrh preicnted, according to order, a bili, inipc fing duties on tonnage, and the faii;e was received, and read the fi.ft x'nve, A petition of the ihipwrights of the city of Philadelphia, whole names are there ui no fubfcribed, was prelented to the houfe, and read, Itat'ng luch regulations, as they conceive will tei;d to the advancement and increafe of American {hippiUiT, and praying the atitnion of congrefs thereto. Ordered, that iht laid j ttitiori do lie on the table. Adjourned. May 26. A bill, irnpofmg duties tn tonnage, wss read the fecond time, and ordered to lie committed to a comnjittee of the ^vhole houfe, tomorrow. Mr. Sylveltcr, from the Tominit tee appointed to confer with a committee t.l the lenate, to coi fic'er and report what ne\\s.pai>ers the nienibtrs iS coi'^rels 11. all be furnilh- ed with at the jMihlic expence, abd to receive propofals iron) the printers, for i nnt.ng the acts and other proceedings of fonrrefs, made a farther report, which was read, and or- dered to lie on the table. May 27. A meflige from the fenate, by Mr. Otis, their fecretary. Mr. fpeaker. The fenate have appointed a committee to confer with the committe appointed by this houfe, on the proper method of receiving iiito either houfe, bills, or nieflages from the prefident of the Ui.ited States. And then he withdrew. The houfe according to the orc!er of the day, refolved itfelf into a committee of the uhule houfe, on tht. bill, ini- pofing duties on tonnage, after feme time f| eut tlureip. Mr. Speaker refumtd the chair, and the chairman re- ported that ihe committee Lad, according to order, had the faid bills under conhJeration, and gone thiough the ^aine, an4 made feveral amendments thereto, which they 3^8 DEBATES A. 1789. had dircfled liinj to report, when the houfe fhou!d think proper 10 receive the ftinie. Ordered, that the Id;d report be received to-morr'-w. Mr.