FEBRUARY, 1792.]

Cod Fisheries.

[H. OF R.

It may be said that Congress may with as much of Congress, and the splendor, magnificence, and propriety give bounties to our hunters in the West-real advantage of the United States; but the wise ern country, to raise up a nursery of soldiers as a framers of our Constitution saw that, if Congress barrier against the Indians, and to promote the fur had the power of exerting what has been called a trade, as to give drawbacks and bounties to the royal munificence for these purposes, Congress fishermen of the Eastern States, with a view to night, like many royal benefactors, misplace their encourage fisheries, and to raise a nursery of sea- munificence; might elevate sycophants, and be inmen for their defence against enemies who may attentive to men unfriendly to the views of Goinvade our Eastern frontiers. Indeed, if defence vernment; might reward the ingenuity of the citibe the object in view, we might as well give boun-zens of one State, and neglect a much greater ties to sturdy landsmen to be in readiness and constant training for war.

Indeed, sir, I confess I am not altogether convinced that, if Congress have this power, it ought to be thus exerted; because it is not clear to me that those fishermen would not be more profitable to the United States, if they were cultivating the lands which now lie waste, and raising families, which would be of ten times more value than their fisheries. A nursery of virtuous families, which will produce soldiers, sailors, husbandmen, and statesmen, must be preferable to a mere nursery of sailors, who generally live single, and often perish at sea. I always look upon the loss of a crew to an infant Republic as the loss almost of a new State.

genius of another. A citizen of a powerful State, it might be said, was attended to, whilst that of one of less weight in the Federal scale was totally neglected. It is not sufficient, to remove these objections, to say, as some gentlemen have said, that Congress is incapable of partiality or absurdities, and that they are as far from committing them as my colleagues or myself. I tell them the Constitution was formed on a supposition of human frailty, and to restrain abuses of mistaken powers. The Constitution has been said by some one to be, like answers of the oracles of old, capable of various and opposite constructions; that it has been ingeniously contrived, like some of them, to suit two events-a Republican or a Monarchical issue. I will not pretend to say that this is not, in some I speak of this question, however, as a citizen of instances, too just an observation; nor will I unthe United States, as a member of this House, dertake to deny that it was not the intention of Were I to discuss it as a citizen of Massachusetts, some of the Convention that such ambiguities and in their Legislature, I should say, as the State might be in their Constitution, to correspond with is nearly filled with inhabitants, and our fishermen the critical and ambiguous state of the American increase our commerce in peace, protect us in war, mind respecting Government; but I will boldly and, indeed, even enrich us by their prizes, it is affirm, that, whatever the theories of that day our interest to encourage them to the utmost, and might lead some to think respecting the applicato prevent their going into the service of other tion of Monarchical principles to the Government countries. I might, therefore, as a member of the of the United States, no one can, at this day, preLegislature of that State, do all in my power to tend that they are applicable to their circumstanprocure bounties for them, and indeed for all the ces, their dispositions, or interests, or even are sailors belonging to that State; but I should not agreeable to the wishes of the people. Even bethink of applying to Congress for their assistance; fore the adoption of the Constitution, when the not only because I doubt their right to afford it, rights of men had not been so thoroughly investibut because I should look upon it as in some de- gated as they since have been, it must be rememgree derogatory to the sovereignty and independ-bered, that whole States, and large and respectable ence of the State. I should look upon such an minorities in other States, complained of and obinterference of Congress as a step towards swal-jected to the Aristocratical and Monarchical fealowing up the powers of the State Governments, tures of the new Government. In vain did the and as consolidating the different States into one friends of the new Government-friends of order, Government, which the wise and virtuous in of union, or of liberty-contend that the powers every State always protested against as danger-granted by the Constitution which appeared so ous to their liberties; the fear of which consolidation prevented many good men from voting for the adoption of the new Government.

The framers of the Constitution guarded so much against a possibility of such partial preferences as might be given, if Congress had the right to grant them, that, even to encourage learning and useful arts, the granting of patents is the extent of their power. And surely nothing could be less dangerous to the sovereignty or interest of the individual States than the encouragement which might be given to ingenious inventors or promoters of valuable inventions in the arts and sciences. The encouragement which the General Government might give to the fine arts, to commerce, to manufactures, and agriculture, might, if judiciously applied, redound to the honor 2d CON.-14

alarming were such as would never be exerted but when all good men would acknowledge the necessity of exercising them, and that, indeed, they would be explained or restrained by some future amendments. The sagacious and eloquent HENRY shook his head at such promises, sighed, and submitted to the will of the majority-a small one, indeed-but foretold, from his knowledge of the human heart, what would be done and said in justification of every measure which might extend the power of Congress.

Is it politic and wise, then, Mr. Chairman, to exert the power contended for, even if it be authorized by the Constitution? May not the interference of Congress in the business of regulating the trade of the Eastern States, excite, if not envy on account of a supposed partiality, a jealousy lest

H. OF R.]

Cod Fisheries.

[FEBRUARY, 1792.

Congress undertake to intermeddle in the com- different States encourage, as far as in their power, mercial regulations of other States? May not the commerce, agriculture, or manufactures of their Congress, with equal propriety, undertake to re-respective States; and let Congress, as far as can gulate the tobacco, the rice, and indigo trade, as be consistent with the most steady impartiality, well as that of the fisheries? If they intermeddle patronize their patriotic exertions, by wise reguin the business of sailors, why not in that of ma-lations of their commerce with foreign nations, nafacturers and farmers? Where, I may ask with such as may open as full an intercourse with those my colleague, may they not go on in their zeal, nations as the States may desire. The emulation and, I may add, in their laudable pursuit, of pro- of the sister States in commerce, manufactures, or moting the general welfare-and how totally may agriculture, would lead to the early establishment they be mistaken? If jealousy of rival States, of that branch of either to which each State might instead of mutual satisfaction and pleasure-if dis-be best adapted. This rivalship could produce no trust and suspicion of Congress, instead of confi-jealousy, no general national discontent in the dence in their measures, be the consequence-how States, no localities in Congress. Virginia would will the Union be promoted, or the General Go- not attempt to rival Massachusetts in her fisheries vernment secured? However virtuously disposed or carrying business, nor will South Carolina and the present members may be, (and I am ready to Georgia rival the manufactories of New Jersey and applaud their honest intentions,) let them consider, Pennsylvania. Each State may rejoice to see its sir, that they had better suppress their patriotic sister States enjoying the advantages with which emotions, than give a pretext for their successors Heaven has blessed them; and Congress, if conto abuse the powers which they now wish to ex-fined to subjects which admit not of local considert for the public good. I know they will quote erations, may debate with temper and decide with the opinion of as wise and virtuous a citizen as is unbiassed judgment. I confess I have wished that in the United States. I know his patriotism, and Congress possessed the power that the friends of know well his true Republican principles; but, the bill tell us we do possess, and tell us we have sir, with the freedom of a fellow-citizen, I take the exerted; but, on examining the Constitution with liberty of saying, that his honest zeal, like that of a view to my wish, I found reason to think, not the friends of the bill, has led him into a mistake.* only that Congress has not that power, but that That able statesman and virtuous citizen, like the it ought not to possess it, unless the Constitution eloquent advocates of the bill, has considered the was intended to establish a consolidated Governacts now quoted as a full sanction for the one be- ment on the ruin of the State Legislatures; but fore the Committee. But I am of opinion, that this, I conceive, cannot be the case, because the those acts had better be repealed than give a sanc- Constitution guaranties to the States their respecttion to the enacting of a law which goes to the ive Republican Governments. The general powestablishing of bounties, or drawbacks, or by what-ers of Congress, no doubt, ought to be (as they ever other name they are called, which may be used are) adequate to the purpose of forming a more to the partial encouragement of any branch of perfect union than subsisted under the Confederatrade or employment whatsoever. I shall there- tion, to establish justice, &c.; but, as they are fore vote against the bill before us, and, to get rid bound to guarantee to the States their respective of it, shall vote for striking out of it the first sec- Republican forms of Government, I cannot contion, according to the motion now before the Com-ceive how any of these powers can be employed, mittee. As a member of this House, I shall think consistently with the ends for which they were it my duty to protect the fisheries, and every other given, in diminishing the power and sovereignty branch of our commerce, the fisherman as well as of the State Legislatures. How Congress can inevery other citizen, as far as may be within my terfere in the regulations respecting the merchants ability; but I am not permitted, as a member of and their sailors at Marblehead with more propriCongress, I humbly conceive, to select the fish-ety than with those at Philadelphia, Norfolk, or eries and fishermen as objects of more consequence Charleston, I cannot conceive; nor how this inthan any other branches of trade, or persons em- terference could take place without alarming those ployed in them, lest Congress should not only States, I know not. Viewing the bill before us in show a mistaken attachment, or, even if judicious- this light, Mr. Chairman, I shall vote against it, ly placed, excite jealousies and discontents be- and, as I said before, to get rid of it, shall vote to tween the States, and distrust, destructive of their strike out the first section, according to the motion weight and influence. My constant wish has been now before the Committee. to see Congress confined to such acts as would form a more perfect union, promote the general welfare, insure domestic tranquility, and engage the confidence of our fellow-citizens.

My wish is, that the members of Congress would leave their respective States in the full enjoyment of every right and privilege they held before their adoption of the new Constitution, which can be exercised without prejudice to the General Government. Let the Legislatures of the

The question on striking out the first section was taken, and negatived-32 to 26.

WEDNESDAY, February 8.

A Message was received from the President of the United States, together with a statement of certain articles of expense, which have occurred in the Department of Foreign Affairs, and for which no provision is made by law. [The expense alluded to was incurred for the relief of a number of Ame

✦ Mr. JEFFERSON, Secretary of State, in his Report on the fish-rican sailors, impressed in England to serve on

eries.

board the British navy.] The Message and accompanying Papers were referred to a select committee, to examine and report.

The SPEAKER laid before the House a Letter from the Secretary of War, accompanying certain communications with the Executive of Virginia relative to the existing temporary defensive protection of the exposed frontiers of that State, pursuant to the orders of the President of the United States; which were read, and ordered to lie on the table.

Mr. WHITE, from the committee appointed, presented a bill providing for the settlement of the claims of persons under particular circumstances barred by the limitations heretofore established; which was read twice and committed.

Mr. BENSON, from the committee to whom was referred the report of the Secretary of the Treasury on the petition of Comfort Sands, and others, made a report; which was read, and ordered to lie on the table.

THE COD FISHERIES.

The House again resolved itself into a Committee of the Whole House, on the bill sent from the Senate, entitled "An act for the encouragement of the Bank and other Cod-fisheries, and for the regulation and government of the fishermen employed therein.

Ón a motion to strike out the words "bounty now allowed," and insert allowance now made, &c.

[H. OF. R.

sion of meaning; and it is of importance to the present discussion that an accurate definition of the terms used in the bill, and those proposed to be used, should be had. The avowed object of the bill is not to increase, but to transmute the sum, or a portion thereof, now allowed to the fisheries in lieu of the drawback upon salt, from the merchant who is now supposed to receive the sole benefit, to the fishermen really employed in the fishing vessels. This is a mere chimerical project, but if it be admitted that this is the object to be effected by the bill, the term bounty is improperly applied.

A gentleman from Massachusetts, [Mr. AMES,] who rests the defence of this bill almost solely upon this position, that those who receive the benefit intended by it, are of right entitled to such benefit in consideration of a previous advancement in value, and that this bill contains a mere permission to them to retain their own, has at the same time declared, that he thought the term bounty the most proper and technical, to convey this idea. In this, the gentleman appears to have deviated from his usual accuracy. A bounty is the granting a benefit without a correspondent return in value; a drawback is the retaking of something in consideration of a previous advancement; this is always founded upon a consideration previously received that is a grant of favor ex mero motu. But the great characteristic distinction between bounties and drawbacks as they esssentially relate to the administration of this Government, consists Mr. GILES observed, that he conceived the vote in the Governmental objects to which they may of yesterday against striking out the first section, severally be applied: drawbacks are necessarily was a decision in favor of the policy of granting confined to commercial regulations; bounties may Governmental aid to the fisheries; the inquiry be extended to every possible object of Governof to-day will be on what terms this aid shall be ment, and may pervade the whole minutiae of pogranted? He felt but little regret at the decision lice. They may not only be extended to commerce, of yesterday, because he had himself previously but to learning, agriculture, manufactures, and contemplated some reasons, not unimportant, to even the sacredness of religion will be found too justify that decision, and others had been suggest-feeble to furnish complete protection from their ed by several gentlemen in the course of the de- influence. The people of the United States have bate. The principles of this policy, he thought, always been scrupulously tenacious of a constituhowever, might be combatted by reasons of at least tional security for the most free and equal exercise equal, and as far as he was able to judge, of para- of this right, but through the medium of bounties, mount importance; but as he admitted considera- even this right may be invaded, and the only seble weight in the reasons on each side of the ques-curity against such invasion must be Governmental tion, he was not particularly tenacious of the preference which his own opinion suggested. When he first mentioned his doubts respecting the principle of the bill, it was with diffidence, and those doubts in some measure arose from an idea that the bill contained a direct bounty upon occupation; upon a more minute examination, he thought the term bounty unnecessarily introduced into the bill, and that the object of it could be answered without the use of terms, which might hereafter be deemed to contain a decision upon the general principle of the constitutional right to grant bounties; it was to avoid any thing which might wear the appearance of such a decision, that induced him to make the present motion.

He proceeded to remark, that as great a difference of opinion often existed respecting the precise meaning of the terms used, as the consequences which flow from them after attaining such preci

discretion. The same characteristic distinction will attend that species of bounty which may incidentally result from commercial regulations; and direct bounties upon occupation founded upon the broad basis of discretionary right. The specification in the Constitution of the right to regulate commerce, may possibly in some cases give rise to this indirect species of bounty, not from any right in the Constitution to grant bounties, but as the necessary result from the specified right to make commercial regulations; and this specification can be the only foundation of justification to this indirect species of bounty, but there is no specification in the Constitution of a right to regulate learning, or agriculture, manufactures, or religion, and so far as the sense of the Constitution can be collected it rather forbids than authorizes the exercise of that right.

Arguments used to deduce any given authority

H. OF R.]

Cod Fisheries.

[FEBRUARY, 1792

To contemplate the subjects upon which bounties are to operate in the United States, the nature of the Government to dispense them, the State preferences which now do and will forever, more or less, continue to exist, the impossibility of an equal operation of bounties throughout the United sidered; and one of these two effects will necessarily follow the exercise of them; either the very existence of the Government will be destroyed, or its administration must be radically changed, it must be converted into the most complex system of tyranny and favoritism.

from the term general welfare, abstractedly from the specification of some particular authority, are dangerous in the extreme to rights constitutionally reserved, and ought ever to be viewed with great caution and suspicion. They serve directly to show that this Government is not only consolidated in all its parts, but that it is a consolidated Go-States, upon any subject whatever, should be convernment of unlimited discretion; that it contains no constitutional limitation or restriction. If any given authority be inferred from the term general welfare in the abstract, any other authority is equally deducible from it, because the term is applicable to every possible object of Government, and differs only in degree, as to the several Governmental objects.

He observed, that it is not unfrequent at this time to hear of an Eastern and Southern interest, He could not see the force of the novel and cu- and he had for some time silently and indignantly rious distinction taken by a gentleman from Con- seen, or thought he saw, attempts by this means necticut [Mr. HILLHOUSE] between general welfare to influence the deliberations of this House upon and particular welfare; for every particular wel- almost every important question. So far as he fare, however minute, may be in a degree for the was the insulted object of these attempts, he felt general welfare, and if the decision respecting the that contempt for their authors, which appeared existence of this distinction, have no other limita- to him to be the correspondent tribute to the imtion than Congressional discretion, it is equally purity of their designs; yet he thought that this destructive of all constitutional restraint. Gentle- had been the most formidable and effectual minimen who have advocated this principle of con- sterial machine which had been yet used in the struction, appear startled at some consequences administration of Government. But one great suggested to result from it, and have denied that mischief he apprehended from establishing the they have made the admission of such consequen-principle of the unrestrained right to grant bounThis is true, nor have those in reply so ties, will be, that it will make the difference of asserted, but they have taken up the principles of interest between Eastern and Southern, so far as construction furnished by its advocates, and made they differ in their respective States of manufacthe application of it to the consequences which ture and agriculture, real, which is now only ideal. they themselves infer; and if the principle be ad- It will make that party real, which is now artifimitted, it is undeniable that the conclusions drawn cial. The jealousies and suspicions arising from from it will necessarily follow in their utmost party, will then have a substantial foundation, latitude. which now have no foundation in fact, but are in

ces.

effecting particular objects; as long as the Government shall be administered liberally and impartially, as long as the principle of reciprocal demand and supply between East and South shall remain inviolate, so long there can exist no essential distinct interest between them; but the instant bounties or Governmental preferences are granted to occupation, that instant is created a separate and distinct interest, not wholly between East and South, but between the manufacturer and the cultivator of the soil. There will still exist a community of agricultural interest throughout the United States, and he hoped the time was not far distant, when a common sympathy will be felt by the whole of that class of the community. For these reasons, he hoped the motion would prevail.

A gentleman from South Carolina [Mr. BARN-geniously stimulated by a few, for the purpose of WELL] Confidently spoke of the inherent rights of this Government; this is a new source of authority, and totally inapplicable to this Government. If there be inherent rights in Governments at all, they must belong to Governments growing out of a state of society, and not to a Government deriving all its authorities by charter from previously existing Governments, or the people of those Governments. In such a Government, the exercise of every authority not contained in the instrument, or deducible from it by a fair and candid construction, is an unjustifiable assumption and usurpation. He did not mean to analyze this subject further at this time, and had been led into these general remarks, because the impatience of the Committee to have the question upon striking out the section, had caused him to refrain from delivering these sentiments at that time.

He would remark further, that bounties in all countries and at all times, have been the effect of favoritism; they have only served to divert the current of industry from its natural channel, into one less advantageous or productive; and in fact. they are nothing more than Governmental thefts committed upon the rights of one part of the community, and an unmerited Governmental munificence to the other. In this country, and under this Government, they present an aspect peculiarly dreadful and deformed.

The bill having been gone through with, and amended, the Committee rose and reported it with amendments which the House immediately took into consideration and adopted. The bill was then further amended and the House adjourned.

THURSDAY, February 9.

THE COD FISHERIES.

The bill sent from the Senate, entitled "An act for the encouragement of the Bank and other Cod Fisheries, and for the regulation and government of the fishermen employed therein," together with

Cod Fisheries-Election of President.

death, resignation, or inability, both of the President "And be it further enacted, That, in case of removal, and Vice President of the United States, the President of the Senate pro tempore, and in case there shall be no President of the Senate, then the Speaker of the House of Representatives, for the time being, shall act as PreThe ninth section was struck out, in which thesident of the United States, until the disability be rePresident of the Senate pro tempore was desig- moved, or a President shall be elected.” nated to act as President in case of vacancies in both of the above mentioned offices.