15 \6p Qforncll Hmttcrattjj ffiihrarg ^ses^J^-^ 1^ 7 Cornell University Library J15 .M16 1890 Journal of William MaclaY,Unrt^^^^^ 3 1924 030 423 796 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030423796 JOURNAL OF WILLIAM MACLAT UNITED STATES SENATOR FROM PENNSYLVANIA 1789-1791 EDITED BY EDGAR S. MACLAY, A. M. NEW YORK k} i D. APPLBTON AND COMPANY ^i^ivjlw* 18 90 «rM;' I; rrY ^'Jzr^^ CORNELL \ LIBHARY J OOPYRIOHT, 1890, By D. APPLETON AND COMPANY. FIKST SESSION OF THE FIRST CONGRESS. PREFACE.* Theee is a tendency, when dealing with public men of the past, to throw a glamour around their memory, and, by a sys- tematic perversion or ignoring of facts, to lead present gener- ations to regard them as little less than deities. The signers of the Declaration of Independence, the framers of our Con- stitution, and all who in any way were involved in the incep- tion of this nation, are venerated with a childlike awe, render- ing us oblivious to the motives which led to those occurrences or to the pressure of circumstances which induced many to take the course they did. The journal of William Maclay, begin- ning with the 24th of April, 1789, and ending on the 3d of March, 1791, gives a graphic description of the debates, cere- monies, and social life of that important period of our na- tional existence. Some hesitancy has been felt in giving an unreserved publication of this journal to the world, owing to the severity of the criticisms made on prominent personages, which in a large degree serve to dispel the roseate illusions in reference to men of that day. It should be kept in mind, however, that the journal was strictly private in its nature, intended merely for personal reference, and that the thought of its publication seems never to have entered the mind of its author, else he undoubtedly would have smoothed over many phrases and erased entire passages, as being too forcible for public expression. iy PREFACE. But in just this circumstance lies the great value of the work. 'William Maclay wrote every evening of events which took place during the day. He wrote while his mind was yet heated vsdth the fierce debates in the Senate, and while the scenes were yet fresh in his memory, thus transmitting on paper pictures of historical events which are wonderfully vivid. Great care, therefore, has been taken to give the pres- ent publication word for word from the original manuscript, even to the spelling of proper names : Ellsworth being spelled with one " 1," Eead as Eeed, Beckley, -Clerk of the House of Representatives, as Buckley, and Carroll as Carrol. William Maclay, like many of those who were actively engaged in the Revolution, was of -Scotch descent, his father, Charles Maclay, having sailed for America in 1T34. The brothers of Wilham Maclay were also active in the movements which led to the overthrow of British supremacy in America ; his brother, the Hon. John Maclay, being a member of that conference held in "Carpenters' Hall" which declared that " they, in behalf of the people of Pennsylvania, were .willing to concur in a vote of Congress declaring the United Colonies free and independent States." John Maclay also served three terms in the Pennsylvania Legislature, 1Y90, 1792, and 1T94. An- other brother of William Maclay, the Hon. Samuel Maclay, was chosen Speaker of the Pennsylvania State Senate, of which body he was a member from 1Y9Y to 1802, and resigned in 1802 in order to serve in the United States Senate, where he represented Pennsylvania from 1802 to 1809. William Maclay was born on the 20th of July, 1Y37, in New Garden Township, Pennsylvania, and was educated in the classical school of the Rev. John Blair. He studied law, and admitted to practice at the York County bar, April 28, 1760. At the close of the French and Indian War he visited England and had an interview with Thomas Penn, one of the PRBPACB. y proprietaries, relative to the surveys in the middle and north- ern parts of the province. In 11'12 he laid out the town of Sunbury, and erected for himself a stone house, which was standing a few years since. He acted as the representative of the Penn family, and took a prominent part in the so-called Pennamite war. At the outset of the Revolution, although an officer of the proprietary Government, he took aii active part in favor of independence, during which struggle he held the position of assistant commissary. In 1781 he was elected to the Assembly 'of Pennsylvania, and from that time filled the offices of member of the Supreme Executive Council, Judge of the Court of Common Pleas, deputy surveyor, and was one of the commissioners for carrying into effect the laws respecting the navigation of the Susquehanna. In January, 1789, he was elected to the United States Senate. The ques- tion as to who should hold the long term of office was decided by lot — William Maclay drawing the short term, while Eob- ert Morris, his colleague, drew the long term. William Maclay began to differ with the Federalists very early in the session. He did not approve of the state cere- mony attendant upon the intercourse of the President with Congress ; he flatly objected to the presence of the President in the Senate while business was being transacted ; and boldly spoke against his policy in the immediate presence of Presi- dent Washington. He was one of the foremost in opposing the chartering of the United States Bank, even at the sacri- fice of personal popularity, for the strong Democratic position he took and the stubbornness with which he maintained it in the face of overwhelming pressure cost him his re-election, he being succeeded by an ardent Federalist. So pronounced were the Democratic views of Will- iam Maclay, and so boldly and ably did he maintain his position in the face of the opposition, that the question yi PEEPACB. can well be raised if he, rather than Thomas Jefferson, was not the true founder of the Democratic party. It is well known that on the organization of the " new Government," as it was then called, April, 1789, Tliomas Jefferson was in France, where he had resided since 1784, and that he did not arrive in 'Sew York, then the seat of government, until March, 1790, some eleven months after the Federal machine had been in operation. And it was some time after he took his place as Secretary of State that his influence and ability as a leader of men were felt among the elements composing the Democratic party. It was during these first months of the new Government's life that questions seriously affecting its character, whether to be monarchical or republican in its forms, were iiercely debated and decided. It was then that the foundations of the great Democracy were laid ; the super- structure erected by Thomas Jefferson being in conformity with the precedents then and there irrevocably established. Who, then, was the leader of the opposition to this strong monarchical tendency? The records of the First Congress, unfortunately, are fragmentary and meager, so that little has been known of the stirring debates that took place at that time. The journal of William Maclay, however, throws a flood of light on this period, and estabhshes beyond cavil the claims of Pennsylvania to having produced the father of the Democratic party in the person of William Maclay. For a hundred years this valuable journal has been jeal- ously guarded from pubhc scrutiny by the descendants of the statesman. Portions of it were privately printed in 1880, and a limited edition distributed among the members and friends of the family. Many passages, however, were suppressed, as being too caustic in their strictures on eminent personages whom we are accustomed to regard with the highest venera- tion. This, however, in a great measure, destroyed the com- PREFACE. vii plexion of the context and the valne of the work. But, now that an unreserved publication is called for in the interest of history, it will be seen that William Maclay was foremost in the opposition to these extreme monarchical Adews of the Fed- eralists, and that in combating and siibverting their aspira^ tions he laid the foundation of the Democratic party. On his retirement from the Senate, William Maclay re- sided on his farm, adjoining Harrisburg, where he erected a stone mansion. In the year 1795 he was elected a member of the Pennsylvania House of Representatives, and was again elected in 1803. He was a presidential elector in 1*796, and from 1801 to 1803 officiated as one of the Associate Judges of Dauphin County. He died on the 16th of April, 1804, in Harrisburg, and is buried in Paxtang churchyard. He was a man of the strictest integrity, positive opinions, keen insight into the underlying motives of men, and with in- domitable perseverance and tenacity of purpose in carrying out views once formed. In personal appearance he was six feet and three inches in height, light complexion, while his hair, in middle age, appears to have been brown, and was tied behind or " clubbed." Mr. Harris, of Harrisburg, narrates that he " well remembered, when a young collegian, during the summer vacation he used to watch Mr. Maclay wearing a suit of white flannel, with lace ruffles, walking up and down the river-bank in Maclayville — as it was then called — 'and he thought he had never seen such a dignified, majestic old gen- tleman : while," he added, " I was always half afraid of him — ^Ixe seemed to awe me into insignificance." Edgae S. Maclay. New York, Augiist, 1890. In ^^ ~n'i } CONTENTS CHAPTER PAGE List of Persons referred to in the Journal . . . xi The Rules of Proceedings for the First United States Senate xiii FIEST SESSION OF THE FIEST CONGEESS. I. — On Titles and Ceremonies 1 ts»^I. — The First Tariff Debate^ 44 ^|j,,-Hfi=-'THE Judiciaet BillV. 8S IV. — On the Permanent Residence of Congress .... 134- SECOND SESSION OF THE FIEST CONGEESS. v.— Speculation in CERTiFicATsSk 173 V^I.— The Assumption and Naturalization Bill^. . . . 306 VII. — Salaries and Pensions 254 VIH. — The Permanent Residence 277 ^<^IX.— The Funding BilC-^. 396 X.— On the Residence of Congress 304 m y THTED SESSION OF THE FIEST CONGEESS. iZ V^XI. — The Settlement and Assumption Bills\^ .... 817 XII. — As TO Re-election 345 XIII. — Centralization of Power 363 XIV. — Relations with France, and the Excise .... 378 ^i/"/ LIST OF PEESONS REFEREED TO IN THE JOURNAL. Ames, Fisheb, Eep., Massachusetts. Ashe, Jomr Ba^iist, Rep., North Caro- lina. Baldwdt, Abbahau, Eep., Georgia. Bakbt, Captain, captain in the United States Navy during the Revolution. Bassett, Richard, Senator, Delaware. Beokley, John, Clerk of the House of Representatives. Benson, Rep., New York. Bingham, William, afterward Pennsyl- vania State Senator. Bland, Theodoke, Rep., Virginia. BonDiNOT, Elias, Rep., New Jersey. Brown, John, Eep., Virginia. Bbyan, Judge, father of the abolition laws. Bdeke, Edmund, Eep., South Carolina. Bdtleb, Pieeoe, Senator, South Carolina. Caeeoll, Chablss, Senator, Maryland. (Note. Written with one " 1 " in jour- , nal.) Cabboll, David, Eep., Maryland. Chew, President of the Pennsylvania High Court of En-ors and Appeals, 1790-1806. Cltmeb, Geobob, Rep., Pennsylvania. Coles, Isaac, Eep., Virginia. Contee, Benjamin, Rep., Maryland. CoxE, Tench, Assistant Secretary of the Treasury. Dalton, Tbistbam, Senator, Massachu- setts, Delany, Shabpe, Collector of Duties at the Port of Philadelphia. Dickenson, Philemon, Senator, New Jersey. Ellioott, Andeew, Surveyor. Ellswobth, Oliver, Senator, Connecti- cut. (Note. Written Elsworth in the journal.) Elmer, Jonathan, Senator, New Jersey. Few, William, Senator, Georgia. Elndley, William, afterward Congress- man, serving eleven terms. FiTzsmoNs, Thomas, Rep., Pennsyl- vania. Floyd, William, Rep., New York. FosTEB, Theodore, Senator, Ehode Island. Gale, George, Eep., Maryland. Gallatin, Albert, afterward United States Senator. Gerey, Elbridge, Eep., Massachusetts. Giles, William B., Eep., Virginia. GiLMAN, Nicholas, Rep., New Hamp- shire. Goodhue, Benjamin, Eep., Massachu- setts. Grayson, William, Senator, Virginia. Gray, George, member of the Consti- tutional Convention of Pennsylvania, 1789-'90. Grout, Jonathan, Rep., Massachusetts. GuNN, James, Senator, Georgia. GuRNEY, Colonel Francis, member of Pennsylvania Legislature. Hamilton, Alexander, Secretary of the Treasury. Harris, Davy, son of John Harris. Harris, John, founder of Harrisburg, and father-in-law to William Maolay. Hartley, Thomas, Rep., Pennsylvania. Hawkins, Benjamin, Senator, North Carolina. Heister, Daniel, Rep., Pennsylvania. Hehby, John, Senator, Maryland. HiLLAGAs, Michael, Assistant Treasurer. Huoeb, Daniel, Eep., South Carolina. Humpheeys, Colonel. Huntington, Benjamin, Rep., Connecti- cut. Xll LIST OP PERSONS REFERRED TO IN THE JOURNAL. iBwiir, Matthew, Master of EoUs of Pennsylvania, 1790-1800. Izard, Ralph, Senator, South Carolina. 3A0Ksoir; James, Kep., Georgia. jEFFERSoif, Thomas, Secretary of State. JoHNSow, "William S., Senator, Conueot- ieut. Johnston, Samuel, Senator, North Caro- lina. Kma, Edfus, Senator, New York. Knox, General, Secretary of War. Langdon, John, Senator, New Hamp- shire. I Lawrence, John, Eep., New York. Lear, Tobias, Private Secretary to Wash- ington. Lee, Eiohabd Henbt, Senator, Virginia. Leon ard, George, Kep., Massachusetts. LmN, Chaplain of the Senate. LivERMORE, Samuel, Kep., New Hamp- shire. Livingston, William, Governor of New Logan, George, member of Pennsyl- vania Legislature. Maolat, William, Senator, Pennsylva- nia. Macpherson, William, afterward Naval Officer of the Port of Philadelphia. Matthews, George, Eep., Georgia. Madison, James, Jr., Eep., Virginia. Meredith, Samuel, first Treasurer of the Dnited States, 1789-1801. MiEFLnj, General Thomas, President of the Supreme Executive Council of Pennsylvania. Miles, Samuel, Mayor of Philadelphia, 1790-'91. Montgomery, Colonel John, commis- sioned an Associate Judge of Cumber- land County, Pa., in 1794. Morris, Egbert, Senator, Pennsylva- nia. Mohlenberg, F. a., Kep., Pennsylva- nia, and Speaker of the House. Muhlenberg, General Peter, Eep., Pennsylvania. Oswald, Eleazeb, editor " Independent Gazetteer." Otis, Samuel, Secretary of the Senate. Page, John, Kep., Virginia. Parker, Josiah, Eep., Virginia. Partridge, Gboroii, Eep., Massachu- setts. Pateeson, William, Senator, New Jer- sey. Petit, chairman of the Public Creditors. Peters, Eiohard, Speaker of the Penn- sylvania Assembly, 1789-'90. Powell, afterward Speaker of Pennsyl- vania Senate. Bead, George, Senator, Delaware. EusH, Dr. Benjamin, member of Penn- sylvania Convention which ratified the United States Constitution, 1787. Eyeeson, member of Pennsylvania As- sembly. SooTT, Thomas, Eep., Pennsylvania. Schuyler, Philip, Senator, New York. Sedgwick, Theodore, Eep., Massachu- setts. Seney, Joshua, Eep., Maryland. Sherman, Eogee, Eep., Connecticut. Smiue, John, member of Pennsylvania Legislature, afterward of Congress, 1793-'95, 1799-1813. Smith, William, Eep., Maryland. Stanton, Joseph, Senator, Rhode Isl- and. Stone, Michael ■?., Eep., Maryland. Strong, Caleb, Senator, Massachusetts. Sturges, Jonathan, Eep., Connecticut. Sylvester, Peter, Eep., New York. Thatcher, George, Eep., Massachu- setts. Thompson, Charles, Secretary of the old Congress. Trumbull, Jonathan, Eep., Connecti- cut. Troxtun, Captain, afterward Command- er of the frigate Constellation. Tucker, Thomas T., Eep., South Caro- lina. Wadsworth, Jeeemlah, Eep., Connecti- cut. White, Alexander, Rep., Virginia. Williamson, Hugh, Eep., North Caro- lina. WiNGATB, Paine, Senator, New Hamp- shire. Wynkoop, Henry, Eep., Pennsylvania. Vandalsen, William Maclay's landlord while in New York. ViNiNG, John, Eep., Delaware. THE EULES OF PROCEEDINGS FOE THE FIEST UNITED STATES SENATE. (From the cover of William Maelay's Journal.) Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member — (Second clause, fifth section, first article on the Constitution of the United States). EuLE 1. The President (of the Senate) should be in the chair within half an hour of the time to which the Senate stands adjourned ; and the Senators shall immediately take their seats in a circular order ; those from New Hampshire occupying the right of the Chair and those from Georgia the left. Rule 3. The minutes of the preceding day shall be read before any other business is entered upon ; inaccuracies or inelegancies may be cor- rected or amended ; but no reconsideration as to matter of substance shall take place on such reading. fiuLE 3. Erery Senator presenting a petition, memorial, or other writing, shall briefly state the import of the same ; and every such paper after being read shall be deemed to lie on the table, unless the same is dismissed upon special motion for impropriety or want of decency. KuLE 4 Every motion made and seconded shall be repeated from the Chair and then be open to discussion, the motion, if verbal, shall be put in writing at the request of the President (of the Senate) or any two Senators. Rule 5. Adoption, rejection, amendment, commitment, or postponement, shall be considered as proper modes of treating business ; and in all cases (treaties, returned bills, etc., and the expulsion of a member, excepted) a majority of votes shall govern. teuLE 6. , Every Senator when speaking shall address himself to the Charo No Senator shall be named in debate, but may be referred to by mentioning the State he represents or by alluding to his place in the House. Rule 7. In ease of a debate becoming tedious, four Senators may call for the question ; or the same number may at any time move for the previ- ous question, viz., " Shall the main question now be put ? " xiv RULES OF THE FIRST UNITED STATES SENATE. Rule 8. Priority of speaking and all questions of order shall be decided by the President (of the Senate) ; but either party may appeal to a vote oi the House. Rule 9. The name of the Senator making and of the one who seconds a motion shall be entered on the journals of the House. Rule 10. No Senator shall speak more than twice on the same subject without leave obtained from the Chair. EUle 11. Inviolable secrecy shall be observed with respect to all matters transacted in the Senate while the doors are shut, or as often as the same is enjoined from the Chair. Rule 12» Every member of a committee shall attend the same at the time appointed by the chairman, who shall be the Senator of the most northerly State of those from whom the committee are taken. Rule 13. When a commitment is agreed upon, the President (of the Senate) shall take the sense of the Senate as to the manner of appointing the committee, whether by motion from the Senators, nomination from the Chair, or by ballot ; which shall take place accordingly. Rule 14. The files of the House shall remain open for the inspection of all the Senators, etc., but no original paper shall be removed from the House without leave obtained for that purpose by the Senate. Rule 15. The yeas and nays on any question shall be entered on the journals at the desire of one fifth of the Senators present. Rule 16. These rules shall be engrossed on parchment and hung up in some conspicuous part of the Senate chamber. And every Senator who shall neglect attendance during a session, absent himself without leave or with- draw for more than a quarter of an hour without permission after a quorum is formed, shall be guilty of disorderly behavior, and his name, together with the nature of the transgression, shall be written on a slip of paper and annexed to the bottom of the rules ; there to remain until the Senate, on his application or otherwise, shall take order on the same. JOURNAL OF WILLIAM MACLAY. CHAPTEE I. ON TITLES AND CEREMONIES. New York, 'Bl^ih April, 1789. — I understood that it was agreed among the Senators yesterday that they would meet at the Hall this morning and go in a body to pay their respects to General Washington. I went about ten o'clock to the Hall, accordingly ; there was, however, no person there. After staying some time, Elsworth /came in. I suspected how it was. I repeated the conversation of last night, and asked him whether he had been to wait on tlie General. Yes, he had been,, and a'nv/mher more with him; some went last night a/nd some this morning. What a perfidious custom it is ! I, however, whipped down-stairs and Joined the Speaker and a number more of the Pennsylvanians who were collecting for that purpose. Went, paid my respects, eta_ Mind this, not to resent it, but to keep myself more out of his power. Mr. Izard had yesterday been very anxious to get a report adopted respecting the communications between the Houses. It was so, but now we hear the House laughed at it. Mr. Izard moved to have the adoption taken from the liiinutes. No, this could not be done. Eut now a curious scene opened. Mr. Lee, being of the Title Committee of yesterday, produced a copy of the resolu- tion for appointing that committee, and moved that the House should pass a vote for transmitting it down to the Lower House. This was truly ridiculous ; but, mind, tliis base busi- ness had been gone into solely yesterday on the motion of our Vice-President^ 1 2 SHALL THE SPEAKER BE STYLED "HONORABLE?" [1789 This was barefaced indeed. But now Lee wanted to bring it on again when the President would not appear in it. I likewise suspect Lee's integrity in this business. He knows the giving of titles would hurt us. I showed the absurdity of his motion plain enough, but it seems to me that, by getting a division of the resolution, I could perhaps throw out the part about titles altogether. Mr. Carrol, of Maryland, showed he was against titles. I wrought it so far that I got a ques- tion whether we should throw out the part about titles alto- gether. "We lost the question on the throwing out that part. However, I could plainly see that we had. gained ground with the House. Now a most curious qxiestion arose. The Vice-President knew not how to direct the letter to the Speaker. He called on the House to know how it should be directed. The House showed a manifest disinclination to interfere. The Vice-Presi- dent urged, and ceased not until a question was pointedly put whether the Speaker should be styled honorable. It passed in the negative, a,nd Jfro.m this.. omen I think our Vice-President may^o an.d dream about titles,^ for none will he get. April 25th, Saturday. — Attended the House. Ceremonies, endless ceremonies, the whole business of the day. I did not embark warmly this day. Otis, our Secretary, makes a most miserable hand at it. The grossest mistakes made on our minutes, and it cost us an hour or two to rectify them. I was up as often I believe as was necessary, and certainly threw so much 'light on two subjects that the debate ended on each. The Vice-President, as usual, made us two or three speeches from the Chair. I will endeavor to recollect one of them. It was on the reading of a report which mentioned that the Presi- dent should be received in the Senate chamber and proceed thence to the House of Representatives to be sworn : " Gentle- men, I do not know whether the framers of the Constitution had in view the two kings of Sparta or the two consuls of Rome* when they formed it ; one to have all the power while * " Are we," Adams observed in the Senate, " the two kings of Sparta, the two consuls of Rome, or the two suffetes of Carthage t "—J. 'C. Hamil- ton's History of the United States, toI. iii, p. 560. April 35] "ARE WE THE TWO CONSULS OP ROME?" g he held it, and the other to be nothing. Nor do I know whether the architect that formed onr room and the wide chair in it (to hold two, I suppose) had the Constitution before him. Gentlemen, I feel great difficulty how to act. I am possessed of two separate powers ; the one in esse and the other in posse. I am Vice-President. In this I am nothing, but I may be everything. But I am president also of the Senate; When the President comes into the Senate, what shall I be ? I can not be [president] then. No, gentlemen, I can not, I can not. I wish gentlemen to think what I shall be." Here, as if oppressed with a sense of his distressed situa- tion, he threw himself back in his chair. A solemn silence ensued. God forgive me, for it was invohmtary, but the pro- fane muscles of my face were in, tune for laughter in spite of my indisposition. Elsworth thumbed over the sheet Constitu- tion and turned it for some time. At length he rose and ad- dressed the Chair with the utmost gravity : " Mr. President, I have looked over the Constitution (pause), and I find, sir, it is e^'ident and clear, sir, that wherever the Senate are to be, there, sir, you must be at the head of them. But further, sir (here he looked aghast, as if some tremendous gulf had yawned be- fore him), I shall not pretend to say." Thursday next is appointed for swearing in the President. I am worse of my rheumatism, but perhaps it is owing to the change of the weather, for the wind is at the northeast and cold. Gave Mr. Yandalsen an half Johannes ; * he is to sell it and give me credit for the amount of his bill, Us. 3d. 26th April, Swnd,a/y. — Went out half after nine o'clock. Visited Governor St. Clair, General Butler, Delany, MePher- son, at Elsworth's. Called on Mr. Clymer and Mr. Fitz- simons. Mr. Clymer in the exceptionables, or peevish and fretting at everything*. I know not how it is, but I can not get into these men. There is a kind of guarded distance on their parts that seems to preclude sociability. I believe I had best be guarded too. The very end of this visit was to try to concert some measures with them for the removal of Congress. But they kept me off. I mentioned a favorable * A Portuguese gold coin, equal to about eight dollars. 4 SHALL CONGKBSS ATTEND WASHINGTON TO CHURCH? [1789 disposition in some of the Maryland gentlemen to be in unison ■with the Pennsylvanian delegation. They seemed not to credit me. Mr. O'Brien and Mr. Hartly came in, and I took my leave. Came home, and, as the day was blustering and cold, ^ stayed all day in my room, Wrote some letters. Mr. Wyn- koop dined out, so I saw nobody. 'Zlih April, 1789, Monday. — Tried my knee and walked a good deal. Attended the Hall. We had prayers this day by the chaplain, Dr. Provost. A new arrangement was reported from the Joint Committee of Ceremonies. This is an endless * business. Lee offered a motion to the Chair that after the President was sworn (which now is to be in the gallery oppo- site the Senate chamber), the Congress should accompany him to Saint Paul's Church and attend divine service. This had been agitated in Joint Committee. But Lee said expressly that they would not agree to it. I opposed it as an improper busi- ness after it had been in the hands of the Joint Committee and rejected, as I thought this a certain method of creating a dis- sension between the Houses. Izard got up in great wrath and stuttered that the fact was not so. He, however, would say nothing more. I made an effort to rise. The Vice-President hurried the question, and it was put and carried by the church- man. Mr. Carrol, though he had been the first to speak against it, yet was silent on this vote. This proves him not the man of firmness wliich I once thought him. I went after this to hear the debate in the House of Eepre- sentatives. The duty ni six cents had been reported by the Committee on Molasses. The partiality of the ISTew England members to this article was now manifest. All from their quarter was a universal cry against it. Three o'clock came, and an adjournment was called before the matter was settled. ' I took a long walk after dinner with the Speaker and Gen- eral Muhlenberg, and my knees stood it very well. • Hope I shall be perfectly well in a few days. God grant it ! ^8th April— This day I ought to note with some extraor- dinary mark. I had dressed and was about to set out, when General "Washington, the greatest man in the -rt^orld, paid me a visit. I met him at the foot of the stairs. Mr. "Wynkoop just came in. We asked him to take a seat. He excused himself April 28] A CRITICISM ON NEW ENGLAND CHARACTER. 5 on account of the mimber of his visits. "We accompanied him to the door. He mad6 us complaisant bows — one before he mounted and the other as he went away on horseback. Attended at the Hall. Jiist nothing at all done. I, how- ever, paid my formal visit to the Vice-President this morning, being nearly recovered of my lameness. Quitted the Hall about twelve. Called on Mr. LangdoUj who has been sick some time. It began to rain, and I came home. I may as well minute a remark here as anywhere else, and, indeed, I wish it wbre otherwise, not for what we have, but for what, others want; but we. have, really more. republican plainness .and sincere ope miess of bd ^aiaog-ia-JSennsylYaaia ^ than in a,ny otheiTplace Xhave ever been. I was impressed with a different opinion until I have had full opportuaity of observing the gentlemen of New England, and sorry indeed am I to say it, but no people in the Union dwell more on triv-_^ ial^istinctions and matters of mere form. They really^seem to show a readiness to stand on punctiho and ceremony. A little learning is a dangerous thing ('tis said). May not the same be said of breeding? It is certainly true that people little used with company are more apt to take offense, and are less easy, than men much versant in public life. They are an unmixed people in New England, and used only to see neigh- bors like themselves ; and when once an error of behavior has crept in among them, there is small chance of its being cured ; for, should they go abroad, being early used to- a ceremonious and reserved behavior, and believing that good manners con- sists entirely in punctilios, they only add a few more stiffened airs to their deportment, excluding good humor, affability of conversation, and accommodation of temper and sentiment as qualities too vulgar for a gentleman. Mr. Strong gave us this morning a story which, with many others of a similar nature (which I have heard), places this in a clear point of light. By the Constitution of Massachusetts the Senate have the right of communicating bills to their Lower House. Some singular business made them [the Lower House] shut their doors. At this time called Samuel Adams of the Senate to communicate a bill. The door-keeper told him his orders. Back returned the enraged Senator; the 6 A JBHU-LIKB SPIRIT IN THE SENATE. [1789 whole Senate took flame and blazed forth in furious memo- rial against the Lower House for bi-each of privilege. A violent contest ensued, and the whole State was conv^ilsed with litigation. 29th 4^HZ.— Attended the Hall this day. A bill was read the second time respecting the administering the oath for the support of the new Government. A diversity of opinion arose whether the law should be extended so as to oblige the oflBcers of the State governments to take the oaths. The power of Congress to do this was asserted by some and derided by others in pointed terms. I did not enter into the merits of either side, but before the question was put gave my opinion that the first step toward doing good was to be siire of doing no harm. Gentlemen had been very pointed for and against this power ; if we divided, here, what must we expect the people out of doors to be ? That in the exercise of the powers given us by Congress wB_should_dealJ^iiQ, uncgjdajnties ; that while we ■ had the Constitution^tom^^_before us_all was safe and certain, but if we took on us to deal in doubtful matters we trod on hollow ground, and might be charged with an assumption of powers not delegated. I therefore on this ground was against the commitment, and with it closed the business of the day. The bill, however, was committed. I have observed ever since we began to do business that a Jehu-like spirit has prevailed with a number of gentlemen, and with none more than with the member from the Ancient Dominion, who is said to be a notorioiis anti-Federalist (a most expensive and enormous machine of a Federal Judiciary, pomp- ous titles, strong efforts after religious distinctions, coercive laws for taking the oaths, etc.). I have uniformly opposed, as far as I was able, everything of this kind, and I believe have sacrificed every chance of being popular and every grain of influence in the Senate by so doing. But be it so. I have the testimony of my own conscience that I am right. High-hand- ed measures are at no time justifiable, but now they are Tiighly impolitic. Never will I c onsent to straining th e Constitution, nor never wiiri ccmseiir'to the exercise of a doubtful power. We come here the servants, not the lords, of our constituents. The new Government, instead of being a powerful macliine April 30] THE HOUSE OF LORDS BROUGHT BEFORE US. Y whose authority woiild support any measure, needs helps and props on all sides, and must be supported by the ablest names and the most shining characters which we can select. The President's amiable deportment, however, smooths and sweety ens everything. Charles Thompson has, however, been ill used by the Committee of Arrangements of the ceremonial. This is wrong. His name has been left out of the arrange- ments for to-morrow. ' 30th April, Thursday. — This is a great, important day. Goddess of etiquette, assist me while I describe it. The Sen- ate stood adjourned to half after eleven o'clock. About ten dressed in my best clothes ; went for Mr. Morris' lodgings, but met his son, who told me that his father would not be in town until Saturday. Turned into the Hall. The crowd already great. The Senate met. The Vice-President rose in the most solemn manner. This son of Adam seemed im- pressed with deeper gravity, yet what shall I think of him ? He often, in the midst of his most important airs — I believe ^ when he is at loss, for expressions (and this he often is, wrapped up, I suppose, in the contemplation of his own importance) — suffers an unmeaning kind of vacant laugh to escape him. This was the case to-day, and really to me bore the air of ridi- culing the farce he was acting. " Gentlemen, I wish for the direction of the Senate. The President will, I suppose, ad- dress the Congress. How shall I behave ? How shall we re- ceive it ? Shall it be standing or sitting ? " Here followed a considerable deal of talk from him which I could make nothing of. Mr. Lee began with the House of Commons (as is usual with him), then the House of Lords, then the King, and then back again. The result of his information was, that the Lords sat and the Commons stood on the delivery of the King's speech. Mr. Izard got up and told how often he had been in the Houses of Parliament. He said a great deal of what he had seen there. [He] made, however, this sagar cious discovery, that the Commons stood because they had no seats to sit on, being arrived at the bar of the House of Lords. It was discovered after some time that the King sat, too, and i had his robes and crown on. i Mr. Adams got up again and said he had been very often 8 THE REPEESENTATIVBS ENTEB THE SENATE. [1789 indeed at the Parliament on those occasions, but there always was such a crowd, and ladies along, that for his part he could not say how it was. Mr. Carrol got up to declare that he thought it of no consequence how it was in Great Britain ; they were no rule to us, etc. But all at once the Secretary, who had been out, whispered to the Chair that the Clerk from the Kepresenta;tives was at the door with a communication. Gentlemen of the Senate, how shall he be received ? A silly kind of resolution of the committee on that business had been laid on the table some days ago. The amount of it was that each House should communicate to the other what and how they chose ; it concluded, however, something in this way : That everything should be done with all the propriety that yiz& proper. The question was. Shall this be adopted, that we may know how to receive the Clerk ? It was objected [that] this will throw no light on the subject ; it will leave you where you are. Mr. Lee brought the House of Commons before us again. He reprobated the rule ; declared that the Clerk should not come within the bar of the House ; that the proper mode was for the Sergeant-at-Arms, with the mace on his shoulder, to meet the Clerk at the door and receive his communication ; we are not, however, provided for this ceremonious way of doing business, having neither mace nor sergeant nor Masters in Chancery, who carry down bills from the English Lords. Mr. Izard got up and labored imintelUgibly to show the great distinction between a communication and a delivery of a thing, but he was not minded. Mr. Elsworth showed plainly enough that if the Clerk was not permitted to deliver the com- mmiication, the Speaker might as weU send it inclosed. Ee- peated accounts came [that] the Speaker and Eepresentatives were at the door. Confusion ensued ; the members left their seats. Mr. Bead rose and called the attention of the Senate to the neglect that had been shown Mr. Thompson, late Secretary. Mr. Lee rose to answer him, but I could not hear one word he said. The Speaker was introduced, followed by the Eepre- sentatives. Here we sat an hour and ten mimites before the President arrived— this delay was owing to Lee, Izard, and Dalton, who had stayed with us while the Speaker came in, instead of going to attend the President. The President ad- April 30] "WASHINGTON ADDRESSES CONGRESS. 9 vaneed between the Seaate and Kepresentatives, bowing to each. He was placed in the chair by the Yice-President ; the Senate with their president on the right, the Speaker and the Representatives on his left. The Vice-President rose and ad- dressed a short sentence to him. The import of it was that he should now take the oath of office as President. He seemed to have forgot half what he was to say, for'he made a dead pause and stood for some time, to appearance, in a vacant mood. He finished with a formal bow, and the President was condixcted out of the middle window into the gallery, and the oath was administered by the Chanc^gjl' Notice that the business done was communicated to the crowd by proclama- tion, etc., who gave three cheers, and repeated it on the Presi- dent's bowing to them. As the company returned into the Senate chamber, the President took the chair and the Senators afld Kepresentatives their seats. He rose, and all. arose also, and addressed them (see the address). ~This greatman was agitated and embar- rassed more than ever he was by the leveled caunon. or pointed fflflsket He trembled," arid several times could scarce make out to read, though it must be supposed he had often read it before. He put part of the fingers of his left hand into the side of what I think the tailors call the fall of the breeches [corresponding to the modern side-pocket], changing the paper into his left [right] hand. -After some time he then did the same with some of the fingers of his right hand. When he came to the wo.ris_gZZ_iA6 world, lae made, a JLou-rishlwSiB^ his right hand, wliich left rather an ungainly inapressira. I sincerely, forlny'part, wisIiear"§lT^t~Cefemony in the hands of the danc- ing-masters, and that this first of men had read off his address in the plainest manner, without ever taking his eyes from the paper, for I felt hurt that he was not first in everything. He was dressed in deep brown,- with metal buttons, with an eagle on them, white stockings, a bag, and sword. — From the hall there was a grand procession to Saint Paul's Church, where prayers were said by the Bishop. The proces- sion was well conducted and without accident, as far as I have heard. The militia were all under arms, lined the street near the church, made a good figure, and behaved well. 10 "HIS MOST GRACIOUS SPEECH." [1789 The Senate returned to their chamber after service, formed, and took up the address. Our Vice-President called it his most gracious speech. I can not approve of this. A comnut- tee was appointed on it — Johnson, Carrol, Patterson. Ad- journed. In the evening there were grand fireworks. The Spanish Ambassador's house was adorned with transparent paintings ; the French Minister's house was illuminated, and had some transparent pieces; the Hall was grandly illumi- nated, and after all this the people went to bed. May 1st. — Attended at the Hall at eleven. The prayers were over and the minutes reading. Wlien we came to the minute of the speech it stood. Sis inost gracious speech. I looked all around the Senate. Every countenance seemed to wear a blank. The Secretary was going on : I must speak or nobody would. " Mr. President, we have lately had a hard struggle for our liberty against kingly authority. The minds of men are still heated : everything related to that species of government is odious to the people. The words prefixed to the President's speech are the same that are usually placed be- fore the speech of his Britannic Majesty. I know they wiU give offense. I consider them as improper. I therefore move that they be struck out, and that it stand simply address or speech, as may be judged most suitable." Mr. Adams rose in his chair and expressed the greatest surprise that anytliing should be objected to on account of its being taken from the practice of that Govermnent under which we had lived so long and happily formerly ; that he was for a dignified and respectable government, and as far as he knew the senthnents of people they thought as he did ; that for his part he was one of the first in the late contest [the Revolution], and, if he could home thought of this, he never would have dramn his swoi'd. Painful as it was, I had to contend with the Chair. I ad- mitted that the people of the colonies (now States) had enjoyed formerly great happiness under that species of government but the abuses of that Government under which they had smarted had taught them what they had to fear from that kind of govermnent ; that there had been a revolution in the senti- ments of people respecting government equally great as tliat Mat 1] WILLIAM M ACL AY OBJECTS TO ROYAL FORMS. ll wliicli had happened in the Government itself ; that even the modes of it were now abhorred ; that the enemies of the Con- stitution had objected to it the facility there would be of tran- sition from it to kingly government and all the trappings and splendor of royalty ; that if such a thing as this appeared on our minutes, they would not fail to represent it as the first step of the ladder in the ascent to royalty. The Vice-President rose a second time, and declared that he had mentioned it to the Secretary ; that he could not possibly conceive that any person could take offense at it. I had to get up again and de- clare tliat, although I knew of it being mentioned from the Chair, yet my opposition did not proceed from any motive of contempt ; that, although it was a painful task, it was solely a sense of duty that raised me. The Vice-President stood during this time ; said he had been long abroad, and did not know how the temper of people might be now. Up now rose Mr. Eead, and declared for the paragraph. He saw no reason to object to it because the Brit- ish speeches were styled most gracious. If we chose to object to words because they had been used in the same sense in Britain, we should soon be at a loss to do business. I had to reply. " It is time enough to submit to necessity when it ex- ists. At present we are at no loss for words. The words speech or address without any addition will suit us well enough." The first time I was up. Mr. Lee followed me with a word or two by way of secontling me ; but when the Vice-President, on being last up, declared that he was the person from whom the words were taken, Mr. Lee got up and informed the Chair that he did not know that circum- stance, as he had been absent when it happened. The ques- tion was put and carried for erasing the words without a division. After the House adjourned the Vice-President took me to one side, declared how much he was for an eificient Govern- ment, how much he respected General "Washington, and much of that kind. I told him I would yield to no person in respect to General "Washington ; that our cornmon friends would per- haps one day inforni him that I was not wanting in respect to himseK [Adams] ; that my wishes for an efficient Government 12 , A NEW MONARCHY FOR AMERICA. [1789 were as high as any man's, and begged him to believe that I did myself great violence when I opposed him in the chair, and uotliing but a sense of duty could force me to it. He got on the subject of checks to government and the balances of power. His tale was long. He seemed to expect some an- swer. I caught at the last word, and said undoubtedly with- out a balance there could be no eqiulibrium, and so left him hanging in geometry. The unequivocal declaration that he would never have drawn his sword, etc., has drawn my mind to the following remarks : That the motives of the actors in the late Revolution were various can not be doubted. The abolishing of royalty, the extinguishment of patronage and dependencies attached to that form of government, were the exalted motives of many revolutionists, and these were the improvements meant by them to be made of the war which was forced on us by I^ritish aggression — in fine, the amelioration of government and bet- tering the condition of mankind. These ends and none other were publicly avowed, and all our constitutions and public acts were formed in this spirit. Yet there were not wanting a party whose motives were different. They wished for the loaves and fishes of government, and cared for nothing else but a translation of the diadem and scepter from London to Boston, New York, or Philadelphia ; or, in other words, the creation of a new monarchy in America, and to form niches for themselves in the temple of royalty. This spirit manifested itself strongly among the officers at the close of the war, and I have been afraid the army would not have been disbanded if the common soldiers could have been kept together. This spirit they developed in the Order of Cincinnati, where I trust it will spend itself in a harmless flame and soon become extinguished. That Mr. Adams should, however, so unequivocally avow this motive, at a time when a republican form of government is secured to every State in the Uniouj appears to me a mark of extreme folly.* • Mem., 1790.— It is worthy of remark that about this time a spirit of reformation broke out in France which finally abol- * "John Adams was included by Jefferson among the believers in mon- arohy," — Randall's Life of Jefferson, vol. i, p. 586. MayI] "DID the vice-president call?" 13 ished all titles and every trace of the feudal system. Strange, indeed, that in that very country [America], where the flame of freedom had been kindled, an attempt should be made to introduce these absurdities and humiliating distinctions which, the hand of reason, aided by our example, was prostrating in the heart of Eiirope. I, however, will endeavor (as I have hitherto done) to use the resentment of the Kepresentatives to defeat Mr. Adams agd others on the subject of titles. The pompous and lordly distinctions which the Senate have mani- fested a disposition to establish between the two Houses have nettled the Representatives, and this business of titles may be considered as part of the same tune. While we are debating on titles I will, through the Speaker, Mr. Muhlenberg, and other- friends, get the idea suggested of answering the Presi- dent's address without any title, in contempt of our delibera- tions, which still continue on that subject. This once effected, will confound them [the Senators] completely, and establish a precedent they will not dare to violate. Let me not remember it to his disadvantage, but on Thurs- day, soon after I came to the Hall, the Vice-President stepped up to me ; said he had called at my lodgings, but found I was abroad. I thanked him for the honor he did me, and expressed my sorrow, in the usual way, for being abroad. I was, however, a little surprised, considering the hurry of the day, and more especially as I had but just left home. At night I asked Vandalsen whether any cards had been left for me. " ITo." " Did anybody call ? " ' " Nobody." " Are you sure the Vice-President did not ? " "I am very siu-e. I know Mr. Adams, the Vice-President, as well as I know any man. I have been at home the whole day ; he did not call." From the drift of dust and feathers one finds how the wind blows. I did not minute this on Thursday, thinking that perhaps some mistake had happened which would explain itseK. Perhaps it may still do so. The President's speech is now in the hands of every one, and is received with merited applause. A thought as to the composition of it. Biit first I will lay down my own rules ft>r judging in cases of this kind. When every word conveys an idea and sentiment follows expression, the composition is good ; 14 SENATORS DISCUSS THE "GRACIOTJS" APFAIB. [1789 but when the words and expressions are so happily arranged that every corresponding idea and sentiment brings a kindred gronp in its train, the composition rises to excellent, grand, subhme. Now for the sinking scale. When ideas follow slowly, with difBculty, or not at all, the composition may be termed heavy, dull, stupid. I Mill read it again, but I declare I am inclined to place it under the Tiecim) head. May M. — Attended Senate. This a day of no business what- ever. Langdon came and shook hands very heartily with me. Some of the other New England men [were] shy. Patterson only was at the Senate chamber before me. He passed censure on the conduct of the Yice-President, said he made himself too busy. He hinted as if some of the Senate would have taken notice of the gracious affair if I had not. I told him I was no courtier and had no occasion to trim, but said it was a most ■ disagreeable thing to contend with the Chair, and I had alone held that disagreeable post more than once. After Senate ad- journed, I saw the Vice-President standing disengaged. I stepped up to him, asked for his health, and fell into common- place chat. He is not well furnished with small talk more than myself, and has a very silly kind of laugh. I have often looked with the utmost attention at him to see if his aspect, air, etc., could inspire me with an opinion of his being a man of genius ; but it was Hke repeating " Tristam, tristam." !N"o ; the thing seems impossible. It is a silly opinion of mine, but I can not get rid of it, that every man, like a labeled bottle, has his contents marked on his visage. May 3d, Sunday. — I did not feel very well this day. De- termined to try the warm bath. Went and bespoke it to be ready at eleven. Went ; continued in the water near half an hour. Had a most profuse sweat, but found a little of a head- ache. I wet my head as well as the rest of me. I can recol- lect that bathing or swimming used to give me the headache : will see how it will affect me. This day the first that seems genial and warm. It is now four o'clock, and I will take a walk. In my walk, I fell in with Mr. Sturges, Mr. Wyngate, and Mr. Goodhue. We took a circuit on the island and came into town. On the way we talked of the permanent residence. May 4] WASHINGTON INSTITUTES LEVEE DAYS. 15 They all allowed that ISTew York was not the place. One of them said it ought to be in Pennsylvania. I said little, bnt remarked that, although we could be better accommodated in Philadelphia, I thought we should think of the permanent resi-, dence where houses should be built for the members from each State, when they would .not be degraded to the humiliating necessity of begging for lodgings from house to house. I, however, remarked coolly that Yirginia offered a quiescence in this plan, expecting the Pennsylvanians would be fretted into an acceptance of their measure for the Potomac ; that the Potomac was convenient for a great part of Pennsylvania; that, by our joining votes to those of Virginia and Maryland and the more southerly States, we could go to the Potomac any time. One of them remarked that in Senate the numer- ous votes of Virginia would not avail. I did not get time to answer, for another replied that we had numbers on our side in the Senate also. They asked me to go to their lodgings to drink tea. I did so. There we found Mr. Thatcher and Mr. Grout. I sat a good while. Mr. Thatcher talked most, but a good deal wildly. There was a good deal said about the differ- ent new countries. I recommended the Genesee and the heads of the Susquehanna, I really think deservedly. I, however, had no objections to drawing their attention to the Susque- hanna. Jfth May, Monday. — ^Went pretty early to the post-oificfe to deliver letters. As I came back, met General St. Clair. He seemed desirous of speaking with me ; said he had been at my lodgings, and asked me what I thought of the President's new arrangements. It was the first I. had heard of them. The President is neither to entertain nor receive invitations. He is to have levee days on Tuesdays and Fridays, when only he is to be seen. I told the General that General Washington stood on as difficult ground as he ever had done in his life : that to suffer himself to be run down, on the one hand, by a crowd of visitants so as to engross his time, would never do, as it would render the doing of business impracticable; but, on the other hand, for him to be seen only in public on stated times, like an Eastern Lama, would be equally offensive. If he was not to be seen but in public, where nothing confidential 16 DIGNITY AND PRE-EMINENCE OP THE SENATE. [1789 could pass between him and any individual, the business would, to all appearance, be done without him, and he could not escape the charge of favoritism. All court would be paid to the supposed favorite ; weakness and insignificance would be considered as characteristic of the President, and he would not escape contempt ; that it was not thus the General gained the universal plaudits of his admiring fellow-citizens. I reit- erated these ideas in every shape and in every different light I could place them for near half an hour that we walked in front of St. Paul's Church. The General said he wished to col- lect men's sentiments, and the design was to communicate them to the General [Washington]. I told him my late conduct in the Senate had been such as would render any opinion of mine very ungracious at court, and perhaps he had best never make any mention of my name. Much more was said, but not worth committing to paper. Attended Senate. Soon after the bill prescribing the oath, etc., was taken up, and the amendments. The first amendment was on the enacting clause. It stood. Be it enacted hy the Congress of the United States ; the amendment, ly the Senate amd Eepresentatimes. It was openly avowed by Mr. Izard that the dignity and pre-eminence of the Senate was the object aimed at by the amendment ; but the words of the Constitu- tion are, " All legislative power herein granted shall be vested in a Congress of the United States." Again, section 8, the " Congress shall have power," etc. The amount of all I said resolved itself into this : The legislatime authority, the poioer (of making laws in certain cases) is given to Congress. Let Congress execute this trust under the same name. In other words, it is under the Firm of Congress that we have received our authority md power. Let us execute it under the same ,firm-. Elsworth, who is a vastly better speaker than I am, was in sentiment with me this time. He placed the subject in various lights, and said enough, I thought, to convince any one who was not determined to be otherwise. But the fact with us is that the point sought after is to find out what will be most agreeable, or, in other words, where will the majority be? for never was a text more practiced on than xthat "" in a multitude of counselors " (say Senators) " there is safety." In- may4j taking of oaths. 17 deed, it seems tlie governing principle. Mr. Izard gave us a kind of dissenting speecli from both original and amendment. He wanted the President's name in it. Onr Yice-President rose in tlie chair to deliver sentiments to the same purpose, and upon this principle he was rather against the amendment because it did not mention the President. The amendment carried. The next amendment was a clause obliging the officers of the State Legislature to take the oath within a month after the 1st of August. Mr. Elsworth argued on the inaccuracies of the language of the amendment ; that it was doubtful as to the intent of it every way. I thought he nearly exhausted the subject. Before the vote was put I chose to say something. It amounted to this : that the subject was a doubtful one every way, that the power of Congress at any time, or the propriety of exercising it at this time, is admitted. The words of the amendment were also doubtful and doubted. I would there- fore deal in no doubtful matters. Izard rose in a flame, de- clared he knew not what gentlemen meant by talking of doubts. He never heard of any. He was very angry. Mr. Langdon followed him. Read the Constitution that all officers, both of the United States and several States', should be bound by oath, etc. I had to get up in my own defense. I observed the gentle- man mistook the point. The question was not whether the officers should take the oath, but was it our business to inter- fere in it ? It was equally clear that Senators, Representatives, and electors were to be chosen by the States, but who ever thought of a law to oblige them to do these things? The adopting States, by the terms of their adoption, had pledged themselves to conform to the Constitution, wliich contained these things among its fundamental rules; that among the powers delegated to Congress this was not mentioned, nor was it necessary, being already provided for in the Constitution ; that as to doubts, individuals had doubted and States had doubted. Massachusetts, it appeared, considered the power of making a law to be with Congress. Connecticut thought so differently that they had passed a State law for the purpose ; that, for my part, I greatly doubted at least the propriety of meddling with it unless the States should be guilty of neglect. 18 THE DIGNITY OP THE SENATE INSISTED ON. [1789 But that 1 was not so uncharitable as to damn him that doubt- ed not. Up rose Lee. He was for the amendment, but had more doubts than anybody. The rage of speaking caught hold of half the Senate at least. Some sensible things were said, but a great many foolish ones. Elsworth rose a second time. He took nearly the track I had been on, but he explained everything with a clearness and perspicuity which I was quite incapable of. I was highly pleased with him. How readily do the sentimental strings sound unison when both are touched by the same agreeable motive ! But enough, the amendment was carried against us. I learned this day that the title selected from all the poten- tates of the earth for our President was to have been taken from Poland, viz.. Elective Majesty. "What a royal escape ! Dined this day with the French Minister, the first place I have been at since my illness. But I have minuted enough for this day, so stop. May 5th. — The bill of yesterday [prescribing the oath] had a third reading, but now how is it to be sent to the other House ? A motion was made and seconded that it go by the Secretary. From half after eleven to half after one was this important question agitated. The other House had affronted the Senate by sending up the bill in a letter, and now we would not send it down by a member. The dignity of the House was much insisted on. "\Yfi_ffiere plagued.again with the House of Lords and Commons, and " parliamentary " was the supplementary word to every sentence. I doubted much whether r should rise or not; however, when everybody else had something to say, I scorned to be silent. I remarked that I rose with reluctance on a subject when I had not been able to draw any information from experience, as the State I had the honor of representing had but one House ; yet from what I could learn the States which had two Houses in the. Union carried on their communications by members ; that this I con- sidered as the most cordial and friendly mode of intercourse, and that I would much rather take example from our own States than from Grreat Britain ; that this intercourse, there- fore, was the one which I most sincerely wished, and thought the sooner it was adopted the better; that if our members May 5] ELSWORTH PLAYS A MIDDLE GAME. 19 should be ill-treated below, as had been alleged by some gentle- men, the faidt would not be ours, and then we would be fully justified in adopting some other mode ; that a communication by our Secretary was a bad one ; that it interrupted business, , as we could not proceed without him. If we meant it by way of returning the affront that had been offered to us, this was wrong. "We should send the bill by letter, and this would be treating them in kind. I was answered, or at least an attempt was made, but I was not convinced. Mr. Langdon got up soon after, and seemed to adopt all I had said, but the motion was carried against us. Elsworth was with us and so was Mr. Carrol, but he concluded with saying he woidd this time vote for the Secretary to go down with the bill. Gave my landlord another half Johannes. He now owes me £2 Is. lOd. Paid him for some wood. I forgot to minute a very long speech of Mr. Elsworth when the bill was on the third reading. He prefaced his dis- course by saying he would make no motion, but gentlemen might do as they pleased after he had delivered his sentiments. The whole amounted to this, that the great and dignified sta- tion of the President and the conspicuous part he would act in the field of legislation, as all laws must pass in review before him, and were subject to his revision and correction, etc., en- titled him to have his name or place marked in the enacting clause of all laws ; or at least he should be brought into view among the component parts of Congress. Ideas of the above kind were dwelt on and varied with agreeable enough diction for nearly a quarter of an hour. I am confident Elsworth neither wished nor expected to have any serious motion made on such untenable ground. What, then, could be his motive ? Solely to play the courtier ? Something of this kind had been hinted from the Chair. Mr. Izard had been explicit on tlie subject, Mr. Elsworth now plays a middle game. He knows the thing can not take place, but he will bring it fully in view so that he can say, " It was not my fault," and thus secure his interest with the high-toned courtiers. Is such a man to be trusted ? No motion was made ; indeed, the spirit of his ad- dress was reducible to this : " I will make no motion ; if any of you are foolish enough to do it, you may." 20 THE ANSWER TO THE PRESIDENT'S ADDRESS. [1789 May 6th. — No Senate this day; there was a commence- ment at Saint Paul's Church ; the Senate were served with tickets. Dr. Johnson, the principal of the college, could not attend v/ith us. I had heard that Mr. Morris was come to town. I went for his lodgings. This another useless journey, for he has not come. I would have been very glad of Mr. Morris' company. It has happened otherwise. I have been a bird alone. I have had to bear the chilling cold of the North and the intemperate warmth of the South, neither of which is favorable to the Middle State from which I come. Lee and Izard, hot as the burning sands of Carolina, hate us. Adams with all his frigid friends, cool and wary, bear us no good-will. I could not find a confidant in one of them, or say to my heart, " Here is the man I can trust." What has been my conduct, then ? Spirit of Eectitude, bear witness for me. Have I trimmed to one of them ? Or have I withheld a single sentiment that my judgment approved of ? I trust I have not. "Regardless of consequences, with no eye to emolument, vrith- out desire for reai^pointment, I mean to act as if I were im- mortal, and yet I wish to give satisfaction and content to the State that sent me here. Never, however, will I purchase that with discontent in my own bosom, nor does my dear country demand such a sacrifice at my hand. ~~ Mcm^ 7th.—T\\Q bill for taking the oath for the support of the Constitution came up. The amendments all agreed to, and a small one added. The committee reported an answer to the President's speech. It was read. One part was objected to, which stated the United States to have been in anarchy and confusion, and the President stepping in and rescuing them. A very long debate. The words were struck out. Mr. Lee offered part of a sentence which, I thought, filled the sentence with propriety. It was, however, lost. Mr. Patter- son offered a clause, "rescued us from evils impending over us." This was carried ; but half the Senate nearly made sour faces at it. Mr. Elsworth said it was tautological, but seemed at a loss as to mending it. I rose, more in consequence of a kind of determination that I have adopted of sayino- some- thing every day than from any fondness of the subject? I ad- mitted that there appeared something tautological in the words Mat 7] A CANOPIED THRONE. 21 and it was not easy to mend them consistent with elegant dic- tion, but, if the first syllable was taken from the word impend- ing, it would then stand, " evils pending over us." The objec- tion would be obviated, but I would not say the language would be eloquent. But, since I was up, I could not help remarking that I thought the whole clause improper ; that to state the whole Union as being in anarchy or under impending ruiii was sanctifying the calumnies of our enemies, who had long labored in the foreign gazettes to represent us as a people void of government. It was fixing a stain on the annals of America, for future historians would appeal to the transac- tions of this very day as a proof of our disordered circum- stances. I therefore was against the whole clause. Mr. "Wyn- gate followed me, and was for having the clause struck [out]. This could not well be done consistent with order. I men- tioned that, if a reconsideration was moved, I would second it. It was reconsidered and amended, and afterward recommitted to the same committee. They retired for the purpose of dress- ing it. Now the Yice-President rose to draw the attention of the Senate to the manner of delivering the answer to the Presi- dent. A committee was appointed to confer on this and other subjects with a committee of Kepresentatives. " There are three ways, gentlemen " (said our Yice-President), " by which the President may communicate with us. One is personally. If he comes here, we must have a seat for him. In England it is called a throne. To be sure, it is behind that seat we must seek for shelter and protection. The second is by a minister of state. The third is by his chamberlain or one of his aides- de-camp, I had almost said, but that is a military phrase. . It may become a great constitiitional question." Seeing the House look blank, he said, " I throw these things oiit for gentlemen to think of." Mr. Lee got up and said something on the propriety of having a seat with a canopy for the Presi- dent. Mr. Langdon said something, but did not seem well col- lected, and spoke so low I did not hear him. The time was trifled till near three o'clock. The day was cold, and the jnembera-jeollected^ near the fire, leaving their seats. The committee returned with the message, and it really 22 "DIGNITY AND SPLENDOR" OF GOVERNMENT. [1789 read vastly better, and was altered in the exceptional phrases. In one place, speaking of the Government, it mentioned " dig- nity and sjjlendor." I submitted it to the gentlemen who had the amending of it whether "respectability" was not better than splendor. Mr. Carrol, of the committee, did not defend the word " splendor," but said " respectability " had been used before, if he recollected right. Mr. Patterson said it sounded much better than "respectability," and rounded the period. Dr. Johnson said " splendor " signified in this place the high- est perfection of government. These were the three members of the committee. I mentioned that, if the word respectability had been used immediately before, it would be improper ; that dignity alone I thought expressed all that was wanted. As to the seeking of sounding names and pompous expressions, I thought them exceptionable on that very account, and that no argument was necessary to show it ; that different men had a train of different ideas raised by the same word ; that " splen- dor," when applied to government, brought into my mind, instead of the highest perfection, all the faulty finery, brilliant scenes, and expensive trappings of royal govermnent, and im- pressed my mind with an idea quite the reverse of republican respectability, which I thought consisted in firm and prudent councils, frugality, and economy. I found I was not seconded, and concluded that my motion went to recommend a reconsideration of the word "splendor" to the committee. They did not alter it, and the answer was agreed to. The Vice-President rose in the chair and repeated twice, with more joy in his face than I had ever seen him as- sume before, he hoped the Government would be supported with dignity and splendor. I thought he did it by way of triumph over me for a former defeat I gave him, but may be I was mistaken. May 8th. — Attended a joint committee on the papers of the old Congress. Made progress in the business. Agreed to meet at half-past ten on Monday and report. Senate fonned. The Secretary, as usual, had made some mistakes, which were rectified, and now Mr. Elsworth moved for the report of the Joint Committee to be taken up on the subject of titles. It was accordingly done. Mr. Lee led the business. He took May 8] "PEAR GOD AND HONOR THE KING." 23 Ms old ground — all the world, civilized and savage, called for titles ; that there must be something in human nature that occasioned this general consent ; that, therefore, he conceived it was right. Here he began to enumerate many nations who gave titles — such as Venice, Genoa, and others. The Greeks and Romans, it was said, had no titles, " but " (making a pro- found bow to the Chair) " you were pleased to set us right in this with respect to the Conscript Fathers the other day." Here he repeated the Yice-President's speech of the 23d ultimo [April], almost verbatim all over. Mr. Elsworth rose. He had a paper in his hat, which he looked constantly at. He repeated almost all that Mr. Lee had said, but got on the subject of kings — declared that the sen- tence in the primer of fern- Ood and honor ilie Tcvng was of great importance ; that kings were of divine appointment ; that Saul, the head and shoulders taller than the rest of the people, was elected by God and anointed by his appointment. I sat, after he liad done, for a considerable time, to see if anybody would rise. At last I got up and first answered Lee as well as I could with nearly the same argmuents, drawn from the Constitution, as I had used on the 23d ult. I mentioned that Avithin the space of twenty years back more light had been thrown on the subject of governments and on human affairs in general than for several generations before ; that this light of knowledge had diminished the veneration for titles, and that mankind now considered themselves as little bound to imitate the follies of civilized nations as the brutalities of savages; tliat the abuse of power and the fear of bloody masters had ■ extorted titles as well as adoration, in some instances from the trembling crowd ; that the impression now on the minds of the citizens of these States was that of horror for kingly au- thority. Izard got up. He dwelt almost entirely on the iintiquity of kingly government. He could not, however, well get fur- ther back than Philip of Macedon. He seemed to have forgot both Homer and the Bible. He urged for something equiva- lent to nobility having been common among the Eomans, for they had three names that seemed to answer to honorable, or something like it, before and something behind. He did not 24 TITLES AEB FORBIDDEN FRUIT. [1789 say Esquire. Mr. Carrol rose and took my side of the ques- tion. He followed nearly the track I had been in, and dwelt much on the information that was now abroad in the world. He spoke against kings. Mr. Lee and Mr. Izard were both up again. Elsworth was up again. Langdon was up sev- eral times, but spoke short each time. Patterson was up, but there was no knowing which side he was of. Mr. Lee consid- ered him as against him and answered him, but Patterson finally voted with Lee. The Vice-President repeatedly helped the speakers for titles. Elsworth was enumerating how com- mon the appellation of President was. The Vice-President put him in mind that there were presidents of fire companies and of a cricket club. Mr. Lee at another time was saying he believed some of the States authorized titles by their Constitu- tions. The Vice-President, from the chair, told him that Con- necticut did it. At sundry other times he interfered in a like manner. I had been frequently up to answer new points dur- ing the debate. I collected myself for a last effort. I read the clause in the Constitution against titles of nobility ; showed that the spirit of it was against not only granting titles by Congress, but against the permission of foreign potentates granting gation. It was the only chance of making a bad man act just- ly ; the matter was left to his own conscience ; there were no witnesses. If he did wrong, it was because he loved vice more than virtue, which I believe, even among bad men, was not the fact in one case out of ten. The question was at last taken, and carried by eleven votes, seven against it. Izard was so crooked he voted against us, though he had spoken for us, and quoted Harrington to show his reading. The people who lost this question manifested much uneasi- ness, particularly the Vice-President and Langdon. Langdon was even fretful. The "Vice-President threw difficulties in our way. The Senate had decreed their advice and consent by ballot. " Nothing like this in history had ever been heard before. But what rank was Mr. Short to hold in the diplo- matic corps? What kind of commission was he to have? This must be settled by ballot." He [Adams] set us afloat by these kinds of queries, and an hour and a quarter was lost in the most idle discourse imaginable. He seemed willing to en- tangle the Senate, or rather some of them were entangled about the Secretary of the Legation and the change d^affcuires, not knowing the distinction. "We, however, got through it by a resolution declaring our advice and consent in favor of Mr. Short. After having again explained the manner of concurring or rejecting a nomination by ballot in a manner so plain as did not admit of contradiction, I replied to the observation thast " no example of anything of the kind could be found in his- tory," that in the old kingdom of Aragon, where, though the executive was monarchical, yet that republican provisions had been attended with unexampled attention. The court ap- pointed by the Justiza gave their sentence by ballot, and [I] oflEered to produce history to the point, but was not contradict- ed. Took up the impost and talked idly to pass the usual time of adjourimtient. An adjournment was called for and took place. 6 82 •* DANGEROUS TENDENCY IN GOVERNMENTS. [1789 I have ever been as attentive as I possibly could be to dis- cover tlie real disposition of President Washington. He has .been very cautions hitherto, or rather inactive, or shall I say like a pupil in the hands of his governor or a child in the arms of Ms nurse ? The message about Mr. Short touches a matter that may be drawn into precedent. It states the desire of Mr. Jefferson to return for some time, and nominates Mr. Short to supply his place during such absence. The leave for return, etc., is not laid before the Senate. Granting this power to be solely with the President, the power of dismissing ambassadors seems to follow, and some of the courtiers in the Senate fairly admit it. I chose to give the matter a different turn, and de- livered my opinion : That our concurring in the appointment of Mr. Short fully implied the consent of the return of Mr. Jefferson ; that if we chose to prevent the return of Mr. Jef- ferson, it was only to negative the nomination of Mr. Short or any other one to fill his place. It is the fault of the best gov- ernors, when they are placed over a people, to endeavor to enlarge their powers by applying to pubKc stations what would be laudable in private hidividuals, a desire of bettering their stations. Thus the farmer acts weU who by industry adds field to field, and so would the governor who would add to the public wealth or happiness ; but adding to the personality, if I may so speak, or to the personal power of the governor, is a faulty industry. A question has been agitated with great ' warmth in the House of Eepresentatives whether the sole pow- er of displacing officers, or, to speak strictly, the Secretary of Foreign Affairs, shall remain with the President. From the small beginning in the case of Mr. Short, it is easy to see what the court opinion will be with respect to this point. Indeed, I entertain no doubt but that many people are aiming with all their force to establish a splendid court with all the pomp of majesty. Alas ! poor Washington, if you are taken in this snare ! How will the gold become dim ! How will the fine gold be changed ! How will your glory fade ! JSTeutrality, the point of profit, the grand desideratum of a wise nation, among contending powers. Multiplied engage- ments and contradictory treaties go to prevent this blessing and invite a nation in foreign quarrels. China, geographically June 19] REPRESENTATIVES REJECT THE IMPOST BILL. ■^S speaking, may be called the counterpart to our American world. Oh, that we could make her policy the poHtical model of our conduct with respect to other nations — ready to dispose of her superfluities to all the world ! She stands committed by no engagement to any foreign part of it ; dealing with every comer, she seems to say, " We trade with you and you with us, while common interest sanctifies the connection ; but, that dis- solved, we know no other engagement." June 19th, Friday. — ^And now the Impost bill, as sent back from the House of Eepresentatives with an almost total rejection of our amendments, was taken up. There was but little speaking. Mr. Lee made a distinction, in his parha- mentary way, between the word " insist " and " adhere," and it was carried to use the word " insist." After the first two arti- cles were insisted on, Mr. Morris moved that one question should be taken on all the other disagreements. " Saving time" was his object, but we only lost by it. He did not seem to have been well understood. I rose and explained his mo- tion, and to his satisfaction, as he said. The result of the whole was that we insisted on nearly all our amendments, and I suppose they [the Eepresentatives] will adhere to the origi- nal biU. This really seems like playing at cross-purposes or differing for the sake of sport. I voted on the principles of accommodation throughout the whole. Indeed, this was but repeating my former vote. Indeed, there was nothing to dif- fer about ; only opinion founded on conjecture. One imagined a thing was too high ; another thought it too low ; my opinion was they were all too low to raise the money which we want- ed; others wished them low on purpose that the deficiency might be so great that we would be forced into an excise. I abhorred this principle, though my colleague is fond of it. Adjourned over to eleven o'clock on Monday. And now I will endeavor to use this interval in riding, to try to drive this vile rheumatism out of my knee. I have never been perfectly recovered of it, and my right knee is stiU much swelled. "Went to hire a horse after dinner. Could not get a very indifferent one with saddle and bridle under two shillings per hour ; thought this extravagant, and would not pay it. Spent [until] night trying to get one. Yandalsen 84 PEOPLE FEAR CONGRESS. [1789 hired one for me at a dollar per day or half for half a day, Saturday was on horseback at five o'clock and rode to near eight ; came home ; breakfasted ; rested one hour and a half ; rode to twelve ; asked what I had to pay, and was obliged to pay six shillings. The horse would not have sold for more than six or seven pounds. "Was exceedingly fatigued ; bathed ; rested to near four, and joined the Speaker and a party to drink tea at one Lephers, where we were civilly treated. Think my knee is not the worse of the riding. The day excessively hot. Jvms 21st. — Eode till eight o'clock ; very warm ; think I never felt the heat more oppressive in my life. Stayed at home and wrote to my family. In the evening Clymer and Fitzsimons passed; walked a short way with them. I gave my opinion in plain language that the confidence of the people was departing from us, owing to our unreasonable delays ; asked them, " Have you received any letters showing signs of such a temper ? " Fitzsimons said no, but the thing told for itself, and could not be otherwise. £1 ^8. 2>d. due by my landlord. J'jnb33] the judiciary BILL. 85 CHAPTEK III. THE judiciaey bill. Jvms '2'2d. — Attended tlie Senate. The bill for settling the new judiciary was taken up. Much discourse about the mode of doing business. We were in committee. The first and second clauses postponed. A question was taken whether there should be district courts. Much wrangling about words. This was carried. But now Mr. Lee brought forward a motion nearly in the words of the Yirginia amendment, viz., " That the jurisdiction of the Federal courts should be confined to cases of admiralty and maritime jurisdiction." Lee and Gray- son supported this position. Elsworth answered them, and the ball was kept up until past three o'clock. The question was going to be put. I rose and begged to make a remark or two. The effect of the motion was to exclude the Federal jurisdiction from each of the States except in admiralty and maritime cases. But the Constitution expressly extended it to all cases, in law and equity, under the Constitution and laws of the United States ; treaties made or to be made, etc. "We already had existing treaties, and were about making many laws. These must be executed by the Federal judiciary. The arguments which had been used would apply well if amend- ments to the Constitution were under consideration, but cer- tainly were inapplicable here. I sat down; some called for the question and some for an adjournment. The adjournment carried. Strong this day mentioned in conversation that the Presi- dent would con^tinue no longer m office them [when'] he saw mat- ters favrh/ set going, and then Mr. Adams will begin his reign. This no doubt is a desirable era for the N'ew England men. gg "WHEir WE PUPPED ADAMS." [1789 The very principles whicli actuated Dr. Kush and myself when we puffed John Adams in the papers and brought him forward for Vice-President will probably make him President. We knew his vanity, and hoped by laying hold of it to render liim useful among the New England men in our scheme of bring- ing Congress to Pennsylvania. But his pride, obstinacy, and folly 'are equal to his vanity, and, although it is a common ob- servation that fools are the tools of knaves — and I am certain weak men are often brought forward with such views — yet John Adams has served to illustrate two points at least with me, viz., that a fool is the most unmanageable of all brutes, and tl^ flattery is the most irksome of all service. June '23d. — Attended at the Hall a little after ten. Came into the Senate chamber. There was nobody here but Mr. Adams. He was in the great chair. "When I came in he left it ; came and sat near me until he read a newspaper ; shifted to the chair next to me ; began a discourse on the subject of Pennsylvania. Said they were " the best republicans in the Union. Their adoption was unequivocal. This could not be said of Boston, IJew^-York, or Virginia." Sv/rely there was a meaning in this. I replied that we had, no doubt, our faults ; but certainly the virtues of plainness, industry, and frugality would be allowed to us in some degree ; that Federalism was general, but there was a general abhorrence of the pomp and splendid expense of government, especially everything which bordered on royalty. Several members came in and joined us. Senate formed and the business of yesterday was taken up just where we left it. The discourses of yesterday were all re- peated. Mr. Lee endeavored to give the whole business a new turn, to elude the force of what I had said yesterday. Accord- ing to his explanation on admiralty and maritime jiirisdiction he would have taken in a vast field. I rose and read over from the Constittition a number of the powers of Congress — viz., collecting taxes, duties, imposts, naturalization of foreigners, laws respecting the coinage, punishing the coimterfeiting of the coin, treason against the United States, etc. ; declared that no force of construction could bring these cases within admi- ralty or maritime jurisdiction, and yet all these cases were most expressly the province of the Federal Judiciary. So that the June 23] THE TWELVE JUDGES OP ENGLAND. ^7 question expressly turned on this point, " Shall we follow the Constitution or not ? " I said a good deal more, bxit this was the substance. Mr. Lee, after some time, opposed me with a very singular argument. He rose and urged that the State, judges would be all sworn to support the Constitution ; that they must obey their oath and, of course, execute the Federal laws. He varied this idea in sundry shapes. I rose and op- posed to this that the oath taken by the State judges would produce quite a contrary eflEect ; that they would swear to sup- port the Constitution ; that the Constitution placed the judicial power of the Union in one Supreme Court, and such inferior courts as should be appointed ; and, of course, the State judges, in virtue of their oaths, would abstain from every judicial act under the Federal laws, and would refer all such business to the Federal courts ; that if any matter made cognizable in a Federal court should be agitated in a State court, a plea to the jurisdiction would immediately be put in and proceedings would be stayed. 'No reply was made ; the question was soon taken and the motion was rejected. The first clause of the bill was now called for. Grayson made a long harangue. I mentioned that I thought this an improper time to decide absolutely on this part of the bill. If the bill stood in its present form and the Circuit Courts were continued, six judges appeared to be too few. If the Circuit Courts were struck out, they were too many ; that it would have pleased me better ; but as we were in committee I would not consider myseK as absolutely bound by anything that hap- pened now, but would reserve myself until the second reading in the Senate. Mr. Elsworth rose and made a most elaborate harangue on the necessity of a munerous bench of judges. He enlarged on the importance of the causes that would come be- . fore them, of the dignity it was necessary to support, and the twelve judges of England in the Exchequer Chamber were held up to view during the whole harangiie, and he seemed to draw conclusions that twelve were few enough. I readily ad- mitted that the information respecting the English courts was fairly stated. But in England the whole mass of htigation in the kingdom came before these judges, the whole suits arising from eight or nine millions of people. Here it was totally QUAKERS ABUSED. [1789 different. The mass of causes would remain with the State judges. Those only arising from Federal laws would come before the Federal judges, and these would be comparatively few indeed. When they became numerous it would be time enough to increase the judges. Mr. Grayson rose again and repeated his opinion that numbers were necessary to procure respectable decisions. I replied that, in my opinion, the way to secure respectable de- cisions was to choose eminent characters for judges ; that num- bers rather lessened responsibility, and, unless they were all eminent, tended to obscure the decisions. The clause, however, was passed. Adjourned at the usual hour. June ^Jfth. — Rode out early this morning, but returned before eight. Attended [Senate] at the nsual time. The biU for the judiciary was taken up. The first debate that arose was whether there should be Circuit Courts or courts of nisi priMS. This distinction was started by Mr. Johnson, from Connecticut. Was adopted, and spoke long to by Mr. Butler. This kept us most of the day. I did not give a vote either way — ^indeed, I do not like the bill. The vote was for district courts. We proceeded to a clause about Quakers taking an affirmation. I moved an amendment that all persons consci- entiously scrupulous of taking an oath should take the affirma- tion. Great opposition to tliis. The Quakers abused by Izard. Mr. Morris and myself defended them. I read the Constitu- tion by which the affirmation is left open to every one, and called tliis whole clause unconstitutional. The President him- self may qualify by affirmation — the Constitution does not nar- row the ground of conscience. I was up and down often in this business ; but the grand procession of the Freemasons came by with much noise of music a little after three, and the House adjourned. Had a very long walk this afternoon with Mr. Contee and Mr. Seney, of Maryland. They seem agreeable and accommo- dating men. They were very willing to remove Congress from this place. They named Harrisburg, I believe to try me. I said little in favor of it, but assured them that of two himdred acres which I had adjoining that town they should have one [hundred] if they went there. Junk 26] MANAGERS OF THE OONPERENCB. 89 My memory certainly fails me of late, I had this day some conversation of importance with some person which I had de- termined to note down; but it has escaped from my memory, and I can neither recollect person, place, nor subject, only that I had determined to minute it. | June 85th. — Mr. Wynkoop came to town last night. I went this morning with him to visit Mr. Partridge and Mr. Sedgwick, who had been polite enough to leave cards at my lodgings. Found their lodging with some difficulty. This business over, attended at the Hall. First business was to take up the Impost biU. Concurred with the Lower House about the style of the enacting clause. But a spirit of great obsti- nacy was manifested with regard to the fourth and fifth clauses. Mr. Morris most pointedly against discrimination, etc., between nations in treaty and others. Lee and Elsworth same. The Tonnage bill was read. The same difference occurred. Man- agers of conference [were] chosen on both bills — Mr. Morris, Mr. Lee, and Mr. Elsworth. Eead the bill for the Department of Foreign AfEairs; Laid on the table. And now took up the judiciary and the affair of the affirmations. Ean Elsworth so hard and the other anti-affirmants on the anti-constitutionalism of the clause that they at last consented to have a question taken whether the clause should not be expunged, and expimged it was. Labored in the judiciary till three, and adjourned. J%me B6th. — ^Attended the Hall at the usual time. The managers were met and the conference begun. The Senate formed, but the managers were absent at the conference. Some were for proceeding and others were for waiting. The members . strayed to and from the conference chamber. An adjournment was often spoken of ; at last moved and carried. "Well may it be said that men are but children of a larger growth, for on this question being carried there was the same flutter of joy among the members that I have seen among children in a school on giving leave ; and away all hurried, except a few that remained a little to see if the conference would finish. Among them I was oiie who wished to know the results of the conference. Jwne 87th, 8a1/wrda/y. — Went a little before ten to deliver a letter to Mr. Morris in favor of Mr. Harris from a Mr. Eid- 90 "I AM AN ILL COURTIBK." [1789 ley. Mr. Morris read the letter and only remarked, " Mr. Harris' friends are much in earnest." I mentioned the peti- tion which I held in my hand from Mr. Harris. The point I wished to bring matters to was for him to deliver it in. He was guarded, and threw oi^; such sentiments as showed me he would not move in the matter ; said the petition had best be inclosed in a cover and directed to the President. I held it up ; said it was directed already ; that Mr. Harris wished it might be put into the hands of Colonel Humphreys ; that I thought I had best follow his directions. I went with my lame knees, first to visit Colonel Butler, who had been thrown from a [sedan] chair with Mr. Huger and was hurt. Mr. Morris went with me. He has never asked me to his house save once, and I shall not go much. From visiting Mr. Butler I went to the President's. The day was now hot, the walk was long, I was lame, and the streets were ripped up a great part of the way to be paved anew ; all these things made the journey one of consequence. Some years ago ten times as far would have been nothing. I saw Colonel Humphreys ; inquired for the President's health, and delivered Mr. Harris' petition. Humphreys was cold. I can not say what will come of it, but my hopes are not high. I am an ill courtier. The part I have taken in Senate has marked me as no courtier, and I fear will mark poor Davy as a man not to be brought forward. Returned to the Hall very much fatigued. The Senate met. The managers of the conference reported an agreement of a number of articles. But the bill was not in the Senate. It seems when the conference was agreed to by the Senate, and notice of such concurrence sent down to the House of Representatives, our wise Secretary sent down the bills along with the commimication. I was for insisting that in parliamentary language the bills were still before the Sen- ate ; they had been there when the conference was appointed ; no vote of the Senate had been passed to send them down ; the conference was appointed only on the disagreement. There was a great deal said, the amount of which resolved itself into this — ^that a mistake had been committed. Mr. Morris said if the bills had been fairly in his possession he would have brought June 28] JEALOUSY BETWEEN THE TWO HOUSES, tliem back to the Senate. He actually went to try to get them from the managers on the part of the House of Eepresenta- tives. There seemed to be a jealousy between the two Houses who should act first, as the one which acted last would reject the bill, or at least have the blame of rejection if the bill was lost. Gentlemen could not reconcile themselves to act without the bills, for there were two of them, one on impost and the other the Tonnage Act. Some moved to act on the report of the managers. After, however, much desultory conversation, it was agreed to take up the bill for the judiciary. We were proceeding on this when a message was announced. Simdry communications were brought by the Clerk, and the amendments of the Senate were all adopted on the Impost bill save on the articles of porter and coal. Such was the haste of the Vice-President that he put one question on both these arti- cles at once, and both agreed to. But the Tonnage bill was re- tained, and the principle of discrimination between nations in treaty and those not was still adhered to by the House of Eep- resentatives on this bill. Made some further progress in the judiciary, and adjourned about two o'clock. ■V Jv/ne 28th, Strndwif. — Spent this day, except a small ride in the morning, at home, and wrote to my dear family. How can I answer it to myself that I stay so long from them ? How happy will my return make all their little hearts, and yet' I stay here wrangling vile politics in a contentious Senate', where there is no harmony of soul, no wis h to co mmumcate a happy ^eiiiatioh ; Aivfiere ains"^snipsnap and contradiction short ; where it is a source of joy to place the speech of a fellow- Senator in a distorted or ridiculous point of view; where you may search the whole Union and can not say that you can find the man of your heart ! But away with them, and let me think of my dear family. Sent a set of letters by Dr. Euston for my family. Jwne 29th, Monday. — Attended at the Hall early. Sent my letters to the post-ofRce ; and now for the judiciary. I made a remark where Elsworth in his diction had varied from the Constitution. This vile bill is a child of his, and he de- fends it with the care of a parent, even with wrath an4 anger. 92 ELSWOETH CITES BLACKSTONB. [1789 He kindled, as he always does, when it is meddled with. Lee, however, after some time joined me. Although the Vice- President showed himself against us, we carried the amend- ment. We got on to the clause where a defendomt was reqmred, on oath, to disclose his or her hnowledge m the cause, etc. I rose and declared that I wished not to take up the time of the committee, as, perhaps, few would tliink with me (this I said in allusion to what had happened in the committee when I had exerted myself in vain against this clause), but that I could not pass in silence a clause which carried such inquisi- torial powers with it, and which was so contrary to the senti- ments of my constituents ; that extorting evidence from any person was a species of torture, and inconsistent with the spirit of freedom. But perhaps I should say something more pointed when the matter came before the House in Senate. (My reason of acting thus was : I had spoken to Mr. Morris and found he would not second me in it, as Myers Fisher had not taken notice of this matter in his letter.) Patterson, how- ever, of the Jerseys, sprang up ; declared he disliked the clause, and having spoken a while moved to strike it out. I then rose and declared, since one man was found in the Senate for strik- ing it out, I would second him. Up now rose Elsworth, and in a most elaborate harangue supported the clause ; now in chancery, now in common law, and now common law again, with a chancery side. He brought forward Judge Blackstone, and read much out of him. Patter- son rose in reply, and followed him through these thorny paths, as I thought, with good success. He showed, justly enough, that Blackstone cut both ways, and nothing could be inferred from him but his ridiculing the diversity of practice between chancery practice and that of common law. Elsworth heard him with apparent composure. He rose with an air of triumph on Patterson's sitting down. " Now," said he, " every- thing is said that can possibly be said to support this motion. The very most is made of it that ingenuity can perform " ; and he entered again the thorny thicket of law forms, and seemed to batter down all his antagonist had said by referring all that was advanced to the forms of law, with which everything had June 30] TYRANNY OVER THE MIND. 93 been shackled under the British Government. He really dis- played ingenuity in his defense. He made repeated use of the tenn " shackled," and how we were now free, and he hoped we would eontimie so. ^ I determined to have a word or two at the subject. Said I was happy to hear that the world was unshackled from the customs of ancient tyranny ; that there was a time when evi- dence in criminal cases was extorted from the carcass of the wretched culprit by torture. Happily we were unshackled from this,, but here was an attempt to exercise a tyranny of the same kind over.the mind. The conscience was to be put on the rack ; that forcing oaths or evidence from men, I con- sidered as equally tyrannical as extorting evidence by torture ; and of consequence had only the difference between excusable lies and willful perjury. I hoped never to see shackles of this kind imposed. Chancery had been quoted ; common law had been quoted as practiced in England, biit neither would apply to the present case. The party was to answer in chancery, but it was to the judge, and his questions were in writing ; but here, by the clause, he must be examined in the open court before the bench and jury and cross-examined and tortured by all the address and malice of the bar. I had further to add that, by the Bill of Eights of the State that I had the honor to represent, no person could he compelled to give evidence against himself ; that I knew this clause would give offense to my constituents. Elsworth rose and admitted that three new points had been started. He aimed a reply, but I thought he missed the mark in every one. The rage of speaking now seemed to catch the House. Bassett was up ; Kead and Strong [were] at it. We sat till half after three ; and an adjournment was called before the question was put. Elsworth moved an amendment that the plaintiff, tod, should swear at the request of the defendant, just before the House adjourned. Jv/ne 30th. — I am still miserably lame with the rheuma- tism. Attended at the Hall at the usual time. The clause with Elsworth's amendment was taken up. I rose first. Said that, instead of the clause being amended, I thought it much worse ; that it was alleged with justice against the clause, as 94 ANCIENT TRIAL BY BATTLE. [1789 it stood before, that great opportunities and temptations to perjury were held out, but this was setting the door fairly- open. The contest now would be, who would swear most home to the point. If I was against it before, I was much more so now. Mr. Lee rose, and seemed to mistake the mat- ter. I rose and endeavored to do the business Justice. Up rose Elsworth and threw the common law back all the way to the wager of law, which he asserted was still in force. Strong rose and took the other side in a long harangue. He went back to the ancient trial by battle, which, he said, was yet unrepealed, but said repeatedly there was no such ease as the present. Elsworth's temper forsook him. He contradicted Strong with rudeness ; said what the gentleman asserted was not fact ; that defendants were admitted as witnesses ; that all might be witnesses against themselves. Got Blackstone ; but nothing could be inferred from Blackstone but such a thing by consent. Patterson got up, and back he went to the feudal system. He pointedly denied Elsworth's position. Bas- sett rose. Read rose, and we had to listen to them aU. The question was, however, put first on Elsworth's amendment, and was lost ; next on striking out, and it was carried. The Tonnage bill was taken up. "We concurred in one clause, but adhered in the next. And now back to the judi- ciary. Mr. Lee moved that the postponed clause about the ambassadors, consuls, etc., should be taken up. It was so. I saw Mr. Adams begin to fidget with a kind of eagerness or restlessness, as if ajiettlejiad been in his breeches. He could not restrain himself long, and up he got to tell us all about ambassadors, other Ministers, and consuls ; and what he did with his Majesty here and his Majesty there ; and how he got an answer in this case, and how he never got an answer in that ; and how' he had, with Mr. Jefferson, appointed Mr. Bar- clay to the Emperor of Morocco ; and how the Parliament of Bordeaux mistook the matter and dismisses Mr. Barclay from an arrest, etc. I could not help admiring the happiness of the man. When he had occasion to refer to something said by Elsworth, he called him "the right honorable gentleman." July 1. — Very lame, particularly in my right knee. At- tended at the Hall at the usual time. The clause was taken JuLYl] ENORMOUS EXPENSE OP ENGLISH JUDICIARY. 95 up of the Judiciary bill " that suits in equity shall not be sus- / tained in either of the courts of the United States in any case where a remedy may be had at law." Dr. Johnson rose first against the clause. Elsworth answered him, and the follow? ing gentlemen all in turn : Lee, Head, Bassett, Patterson, and Grayson. Strong spoke in favor of the clause. The lawyers were in a rage for speaking. Many things were said in favor of chancery that I knew to be wrong. Never was there a field more beaten, from the first Chancellor down. The lawyers seemed all prepared to show their extensive reading. It was near three, and I determined to say something. A case was often put of a man covenanting to convey land and dying before performance ; that there was no relief without chancery. I, however, rose, said much information had been given on this important subject, but I wished for a great deal more. For instance, I desired to know the number of attor- neys and persons employed in the law department in England, and the millions (for it was said to amount to several annually) extorted by the law department from that nation ; particularly whether the sum so extracted did not exceed the aggregate of the sums in dispute before the courts. Whether any nation in the world, besides the English, would pay their taxes and support any such expensive judiciary ; that these points being settled would afford matter of important advice to us, whether it was prudent to imitate the famous English jurisprudence in all its parts ; that the advantages of chancery were to my cer- tain knowledge . overstated ; that the famous case of the bond performance gave little trouble in Pennsylvania ; that the per- son having paid his bond, brought his suit, and the parties gen- erally consented to a judgment and the sale of the lands, and the sheriff made title ; that I thought the clause a good one, and wished it to be more effectual to prevent the flow of causes into that tedious court. Up rose George Read in angry mood. Said he had a cause of that kind in Pennsylvania ; that he had consulted the ablest men there and received for answer [that] there was no remedy in Pennsylvania, and asserted that the people of Pennsylvania wished for chancery, and many of them lamented the want of it. 96 BRITISH INPIiUENCB IN CONGRESS. [1789 I got tip ; declared, as far as I knew the sentiments of the people of Pennsylvania, they disliked a chancery, but that many of them knew not even the name. I never heard any people speak in favor of it, but some gentlemen of the bar, and even among them some doubted whether it would do most harm or good ; that in the general it was considered by those who knew anything of the matter, as the iield where the gen- tlemen of the bar would reap the fullest harvest, and it was considered that they enjoyed a plentiful crop as matters stood now. I stated the affair of the bond over again so plainly that Eead called out, " In case of consent, I grant it." I had only to add, in case they do not consent, twelve honest jurors are good chancellors, if not to give the land, at least to give the value of it. The clause stood on the question. The gentlemen of the bar in the House seem to have made common cause of it, to push the power of chancery as far as possible. Mr. Morris seemed almost disposed to join them. As we rose he said, " If I had spoken, I believe I should have differed with you about chancery." I know not what put it there, but it was in my head in a moment that he has two sons studying for the law. This day the discrimination between the ships of nations in treaty and those not, on the Tonnage bill, was rejected in the House of Eepresentatives also, and, of course, the Tonnage biU now passes. When this doctrine was first broached in the House of Representatives, of no discrimination, it was called " Toryism," and there were but eight votes for it on a divis- ion. But mark the influence of the city of New York, or let me call it British influence. To work they set in the Senate, and, before the Impost bill got up, they had secured a majority to reject the discrimination. But some pretext was necessary even in the Senate. The discriminations in the Impost and Tonnage bills were said to be arrant trifles ; no compensation for the injuries our trade received ; that a deeper mode of retaliation should be entered on — such as would effectually cure all disadvantages and carry the remedy to every particular disease and retaliate on every nation, exactly in kind; and where a disadvantage was imposed a corresponding one should be imposed by us, and not chastise all nations out of treaty with the same punishment. As to gratitude or national friend- July 2] LAWYERS AND THE JUDICIARY. 97 ship, they were held not to exist, and all that was to be done with nations in treaty was to observe the terms of those trea- ties. A committee, therefore, of Mr. Morris, Mr. Langdon [names left blank], was appointed to examine the state of our commerce, and to bring in a bill for the protection of our commerce. But the discriminations are now struck out. of both bills, and I do not expect to hear anything more about the protecting of our commerce unless it should be taken up in the House of Representatives. Madison, too, is charged with having labored [for] the whole business of discrimination in order to pay court to the French nation through Mr. Jefferson, our Minister to Paris. I feel much readier to believe him guilty of another charge — viz., liis urging the doctrine of taking away the right of re- movals of oificers from the Senate in order to pay his court to the President, whom, I am told, he already affects to govern. Time will, however, throw light on both these subjects. Mem,. It has done so in a remarkable manner in one of them. Yide lith February, 1Y91. July 2d. — Went this day to the HaU at the usual time. The bin for the judiciary was taken up. I reaUy dislike the whole of this bill, but I endeavored to mend it in several places and make it as perfect as possible, if it is to be the law of the land. But it was fabricated by a knot of lawyers, who joined hue and cry to run down any person who will venture to say one word about it. This I have repeatedly experienced, and when I am certain (for a man may sometimes be certain of being right) of having made obvious and proper amend- ments, I have been pushed at from both *ight and left by them, and not a man to second me. Be it so, however ; this is no reason that I should be silent. I ran Elsworth hard on the uselessness of part of this bill to-day, and thought I had the advantage in some of the answers I gave. But it was of little avail. Grayson, though a lawyer, told me yesterday that it was in vain to attempt anything. The people who were not lawyers, on a supposition that lawyers knew best, would follow the lawyers, and a party were determined to push it. I needed no information from him on this head. We, however, came to a clause, the import of which was 7 v/ 98 BONDS, COVENANTS, ETC. [1789 that on bonds, articles of agreement, covenants, etc., the jnrj should find the breach and the judges assess the damages. I attacked this mixed, half-common law, half-chancery proceed- ing ; accused the bill of inconsistency ; that a clause had aleady been adopted which excluded chancery where common law would afford a remedy. Here we had a jury and common law acting with the cause, and we flew from it to chancery powers. This was inconsistency. The jury were the proper chancellors in such a case to assess the damages ; and I liked them much better than the judges. They were from the vicinity, and best acquainted with the parties and their circumstances. When the judgment was by default or entered up, a jury of inquiry of damages should ascertain the sum. Strong made a long speech how this could not be done on the principles of common law- and chancery principles, and seemed wiUing to show his accurate reading on these points, and concluded by saying either he or the gentleman last up did not understand the principles of these courts, for the gen- tleman was for doing what he thought could not be done. I rose quick to reply. Said the clause was before us — ^the clause was in our power — what I wanted done was clearly expressed [in the clause]. I hoped we were not always to be trammeled with the fetters of English jurisprudence ; that we would show [that] we had judgment and would act for ourselves, in- dependent of any forms, and concluded with a question whether we were always to be considered as empty bottles, that could' contain nothing but what was poured into them. Several gen- tlemen now rose and agreed mth me in objecting to the clause. But there seemed some difficulty in amending, and it was post- poned for amendment. Juhj 3d. — This [day] was warm ; quite as much so, I thought, as any day I remember in Pennsylvania. Attended at the Hall. Business went on at the usual time. It was the judiciary which we were upon. Light and very trifling de- bates in general. Mr. Read got up and kept " hammering " for a long time (as Mr. Morris termed it), and really it was difficult to say what he would be at. I did not embark in any debate until we came to the clause empowering the judges, either on their own knowledge or Julys] ENGLISH JURISPRUDENCE DEFECTIVE. 99 complaint of others, to apprehend, bail, commit, etc. I alleged that the judges would be men of like passions and resentments as other men ; that they should not be both witnesses and judges, accusers and all ; that the complaint also should be cKi oath. I moved, therefore, to strike out those words and insert " upon oath or .affirmation made and reduced to writing and signed by the party, stating sufficient reason in law." Lee, of Virginia;, seconded me this time. But, according to custom, I had Elsworth and the gentlemen of the bar up against it. It was insisted that this was agreeable to the laws of England ; that the oath of the judge would bind him to all tliis; that a judge had a right to use his private judgment, just as a jury- man had a right to act on his private knowledge. Elsworth, Strong, Bassett, Grayson, and others, all up, and volumes did they pour out. I could not get speaking for a long time. I, however, made a short reply ; said we were now framing the law which would be the rule of conduct for the judges; that practice, such as the gentlemen insisted on, had been used by judges ; and, from experience, we had learned the danger of it. Cases were known where the resentment of a judge was the accusing spirit and prejudice pronounced judgment. Every part of English jurisprudence was not unexceptional, nor would I blindly follow them in everything ; that the case adduced of a juryman using private knowledge would not apply. A jury- man, legally speaking, had no private knowledge, or at least none that he ought to keep private. If he knew anything pertinent to the issue, he ought to disclose it upon oath to his fellows in court ; and this was the law in daily practice iipon it. If a judge happened to be the only person having knowl- edge of the commission of a crime, let him apply to some other justice. This I had known done. The case of a forcible entry did not apply to common practice, and yet in this case the justices would generally bind over witnesses to prosecute. I hinted at some other points of the clause as imperfect, and said much more before I sat down, particularly as to the dangerous ground on which we trod, considering the interference, or the very probable interference, of the Federal and. State Legisla^ tures, and the giving more power over the liberty of the citizen 100 THE GLORIOUS FOURTH. [1789 to the former than was usually practiced by the ktter would not fail to sow the seeds of dissension. I had showed this clause to Mr. Morris before I moved for the alteration. He approved of it, but he went out and stayed away until all was over. He asked when he came in if his presence would have altered the vote. I told him I supposed not ; we had lost it. I know nothing of the reason of his ab- sence. Charity and good humor will say it was accidental He has been — at least I thought so — rather distant with me. He has showed me none of the communications which he has received respecting the judiciary. This has not been my con- duct with regard to him, and I know he has showed our At- torney-Greneral's remarks to Lee, Carrol, and Elsworth. I likewise know he has remarks from Judge Hopkinson. Noth- ing shall be wanting on my part to act in harmony with him. I whispered him at a leisure time, " We should have a meet- ing and compare all the remarks we have received, and make up our minds as to the amendments which we will move." I paused ; he did not reply ; continued : " I am quite disen- gaged ; I will call on you at any time when it is convenient." [He] replied : " It must be here. I have all my papers here." "Agreed, I will meet you at any time." Nothing more [said]. Settled with my landlord ; he owes me fifteen shillings and eightpence. Mr. Morris had a set of remarks from Wilson and a set drawn up by Wallace which I never saw^^ July Jfth. — This is the anniversary of American Independ- ence. The day was celebrated with much pomp. The Cin- cinnati assembled at Saint Paul's Church, where an oration was pronounced by Colonel Hamilton in honor of General Greene. The church was crowded. The Cincinnati had seats allotted for themselves; wore their eagles at their button-holes, and were preceded by a flag. The oration was well delivered ; the composition appeared good, but I thought he should have given us some account of his virtues as a citizen as well as a warrior, for I supposed he possessed them, and he lived some time after the war, and, I believe, commenced farming. Excepting my attendance at Saint Paul's Church, I kept [the] house all day, as I find going out only hurts my knees, both of which are still affected by the rheumatism. July 7] THIRD READING OF THE JUpiCIARY BILL. 101 July 5th, 8wnday. — ^Was a rainy day ; stayed at home all day, my thoughts chiefly employed about my family. How much of the sweets of life do I lose in being separated from them ! After, however, having stayed so long, I had better give my attention a week or two longer. "" July 6th, MondoAj. — Came early to the Hall in order to send my letters to the post-ofiice. Dr. Johnson and some other members came in ; familiar chat to the time of the meet- ing of the Senate. The judiciary was taken up and the residue of it passed without any interesting debate. Our Yice-Presi- dent called for the sense of the House when it should be read the third time. The members showed plainly that they con- sidered it as not having been touched in Senate on second read- ing ; all that had passed having only been in committee. The Vice-President insisted that the bill had been twice read. So it certainly had, but the second reading was in a committee of the whole Senate. He said former bills had been treated just as he wanted this one treated. We knew, or at least I knew, that this was not the case. He showed a peevish obstinacy, as I thought. He does not like the doctrine of a committee of the Senate ; nor has he ever submitted to it, for he ought to leave the chair. To-morrow, however, was assigned for the third reading, with a kind of saving privilege to make amend- ments. Mr. Morris came in a little before we broke up. He put into my hands the letter and remarks of our Chief-Justice on the judiciary, directed to us jointly. But the Attorney-Gen- eral's remarks and Judge Hopkinson's I have not yet had the opportunity of perusing. Thursday [is] assigned for the bill for Foreign Affairs, Friday for the Department of War, and Monday next Jor jheJTreasury Department. Juh) 7th. — Attended the Hall at the usual time. The judiciary was taken up for a third reading. I can scarcely ac- count for my disHke for this bill, but I really fear it will be the gunpowder-plot of the Constitution. So confused and so obscure, it vidll not fail to give a general alarm. Elsworth has led in this business, backed with Strong, Patterson, Eead often, Bassett seldom. "We came to the clause which allowed the District Judges to git on the hearing of appeals from them- 102 PENNSYLVANIANS APPROVE OP THE JUDICIARY. [1789 selves. I did not rise to oppose this. Grayson, however, got hold of it, and hammered hard at it. Bassett rose, and took partly the same side. Now I thought the matter in a hopeful way. Elsworth immediately drew an amendment, as lie said, to cure their objections, though it was nothing like the matter. I drew a clause nearly in these words : " Provided that no District Judge shall sit on the rehearing of any case formerly adjudged by him." We got Elsworth's motion postponed to put a question on it. It was agreed that the sense of the House should be taken on this. We carried it, and I rose and said^ since the sense of the House was declared on this subject, I wished some of the gentlemen of the bar to frame a clause in the spirit of the determination ; that the eifect of the determi- nation would reach further than the present clause, for it would prevent the Circuit Judge from sitting in the Supreme Court on an appeal where he had given original judgment. This was agreed to, so we killed two birds with one stone. The most trifling word-catching employed us till after three o'clock. I can not help observing, under this day's head, that Mr. Phils, the late Naval Officer of Philadeljjhia, brought this morn- ing most ample extracts of the trade of that port for the last year. He said there were copies sent him for his own use, but that at an early period he made out a set and delivered them to the President of the State to be forwarded to Congress, and he said they were actually forwarded. I could only say I never saw them, although I used all diligence to possess myself of every paper that could give me the smallest information. Received letters this day from Harrisburg, and from Balti- more all well. JuT/y 5^ do so in fact." So do I, too, for he might get it for a tenth part of the sum. I do not know that pecuniary influence has actually been used, but I am certain that every other kind of management has been practiced and every tool at work that/ could be thought of. Officers of Government, clergy, citizens, [Order of] Cincinnati, and every person under the influence of the Treasury; Bland and Huger carried to the chamber of Representatives — the one lame, the other sick. Clymer stopped from going away, though he had leave, and at length they risked the question and carried it, thirty-one votes to twenty-six. And all this after having tampered with the members since the 22d of last month [February], and this only in committee, with many doubts that some will fly off and great fears that the North Carolina members will be in before a bill can be matured or a report gone through. Mr. Morris received a note signed J. C, communicating the news. He only said, " I am sorry it is by so small a majority." General Muhlenberg and Heister, of the Pennsylvania delegation, only, were in the negative. I had to wrangle with the New England men alone on the Naturalization bill till near one o'clock. Johnston, of North Carolina, took in some degree a part with me. I held my own, or at least I thought so, with tolerable success, but such 14 210 PENNSYLVANIANS FAVOR IMMIGRATION. [1790 shuffling and want of candor I really scarce ever before was witness to. I certainly, however, gained greatly. Twice yes- terday did we attempt, without success, to throw out the two years' residence. The amendments which I offered went to cure this defect with respect to the power of holding lands. Numbers of gentlemen now declared their dislike of the two years, and wished the bill committed for the purpose of having- this part rejected. I agreed, but we were very unlucky in our committee. We Pennsylvanians act as if we believed that God made of one blood all famiUes of the earth ; but the East- ern people seem to think that he made none but New Eng- land folks. It is strange that men born and educated under republican forms of government should be so contracted on the subject of general philanthropy. In Pennsylvania, used as we are to the reception and adoption of strangers, we re- ceive no class of men with such diffidence as the Eastern peo- ple. They really have the worst characters of any people who offer themselves for citizens. Yet these are tlie men who afEect the greatest fear of being contaminated with foreign manners, customs, or vices. Perhaps it is with justice that they fear an adoption of any of the latter, for they surely have enoiigh already. March 10th. — Was the first at the Hall this morning. However, it was not long before some of the Secretary's [Hamilton] gladiators came in. What an abject thing a man becomes when he makes himself a tool to any one ! I ventured to predict to one of them that the Secretary's system would fail. " Why, but the assumption of the State debts is carried already." I ventured to tell how. From me, distant as the room would let him, did he fly off. Bassett has tliis day de- clared in the most unequivocal manner against the adoption of the State debts ; says if they are adopted he will move for two per cent. I asked him how Mr. Eead would be on this ques- tion. He said against assumption. But both of them acted a weak part in the affair of the residence. The business of this day does not merit a minute. The Senate adjourned early and I came home, as I did not feel very well. We had company this day. The greater part were New England men, who soon went away. Burke and Tucker both March 12] INCREASED SALARIES. 211 voted for the assumption of the State debts. Tucker declared his views in the most unequivocal manner; after the State [debts] were discharged by the Federal assumption, to sponge the whole. Burke reprobated the whole of the Secretary's re- port and declared it would blow xip. He was not so explicit, but seemed in unison with Tucker. "What must come of the report if these men are sincere ? They have been among the supporters of it ; but, alas ! what poor, supple things men are, bending down before every dinner and floated away with every flask of liquor ! Paid my boarding off this day. Ma/rch 11th. — Snowed all last night and a snowy morning. Attended at the Hall. Two bills came up from the Repre- sentatives — the bill for inventions and one to give additional salaries to clerks. Head for the first time. A bill for the miti- gation of fines and forfeitures was taken up for a second read- ing. Opposed by Bassett and Few. A commitment was early moved and seemed generally agreed to, but the members popped up and down talking about it and about it for above an hour. Something occurred to me which none of them touched ; but I thought it useless to rise ; besides, I had been almost constantly on my legs on the 8th and 9th, and a man, even a good speaker, loses all weight if he makes himself troublesome. Patterson, I find, belongs to the gladiatorial band. I ever thought since I knew him that he was a loaf- and-fish man. He talks of resigning, and I suppose we will hear of his being a judge or something better than a Senator. Ma/rch 12th. — Attended this day at the Hall. No business of consequence done. The committee on the Ifaturalization bill reported, but far short of the points which I wished estab- lished in it. There really seems a spirit of malevolence against Pemisylvania in this business. We have been very liberal on the subject of admitting strangers to citizenship. We have benefited by it and still do benefit. Some characters seem dis- posed to deprive us of it. I moved a postponement of a day, that we might consider of this amendment. It was easily car- ried ; but Izard snapped, ill-natured as a cur, and said " No " alone. Mr. Morris turned toward me this day and seemed to invite a tete-d-tete. He said Mr. Wilson is coming over. I asked if on any court business. He did not know ; believed 212 A CALL ON MR. SCOTT, [1790 ]iot. We spoke of who would be Governor [of Pennsylvania]. He declared in favor of St. Clair ; spoke against Mifflin and Bingham. I said I had heard Miles spoken of. He objected to Miles as wanting knowledge. I never made mention of any of the Muhlenbergs. He objected to Mifflin ; said, " See what sort of people he has j)ut in office." The S. G. was mentioned. He said, "You should have had that office." I went, into some details of the duties of that office, showed it was one in which a drone might slumber, but if filled well was a most laborious office, and pointed out how. Ma/roh 13th. — Being Saturday, the Senate did not meet. Stayed at home all day ; read and looked over the journals of Congress. A day perfectly unimportant. The streets were very sloppy with the melting of the snow. March nth. — There was a considerable fire in the neigh- borhood last night ; it, of course, raised me by daylight. After breakfast the day seemed so delightfid I could not help walk- ing. I went to Mr. Scott's lodgings. I got at him on the sub- ject of the Secretary's report. He declared to me that he was altogether against it. I asked him if he had any correspond- ence with Pennsylvania. He declared no. I piit Nicholson's piece into his hand ; I put Mr. Findley's letter into his hand. I told him there were some people discontented in Pennsylvania. I read Dr. Logan's letter to him as a proof of it. He called it anti-Federalism. I took out Dr. Rush's — call him anti-Federal if you will. It was woi-se. He went into the allegations against Mcholson with regard to the State accounts. To say all of him [Scott] in one word, he has thrown himself into Fitzsimons' wake more from the principles of indolence than anything else. He will not give himself the trouble of acting independently. I foimd a woman in the room with him with a young child in. her arms. He appeared to be fondling on the child. I called in the afternoon on a Mr. Ryerson, a member of the Assembly from Pennsylvania, at the City Tavern. I ex- pected he had letters from my brother ; but he had none, nor did my brother * know of his coming. I asked him what was * Samuel Maclay, afterward United States Senator, 1803-1809. March 16] DEBATE ON NATURALIZATION. 213 doing in the Pennsylvania Assembly. He said not much. He had dined out with Mr. Morris. I spoke to him of the adop- tion of the State debts. Oh, yes, he believed people were gen- erally for it. On speaking a little further, I found him abso- lutely ignorant of every ray of information about them. He* owned it after some time, and desired me to put some state of the matter on paper, and that he would pay particular atten- tion to it when he returned. March 15th. — I complied with Mr. Ryerson's request, and furnished him with an abstract of the State debt of Pennsyl- vania, and a number of remarks on it. I read it very deliber- ately to him, and he seemed to understand it. The only debate of any consequence this day in the Senate was on the Naturalization bill. The same illiberality as was apparent on other occasions possessed the New England men. Immigration is a source of population to us, and they wish to deprive us of it. I was up several times, but always endeav- ored to be concise and to the point as much as I possibly could. Mr. Morris was up once. I thought he lost himself, and, by way of getting out, said he was of the same opinion as the member from New York (Mr. King). Mr. King is as much against us as any of them, but he does it in an indirect man- ner. We spent to three o'clock on it. I dined this day at Elsworth's by invitation from General Heister. Madison, Bishop Prevost, and a considerable num- ber at dinner, the Speaker and General Mulilenberg. Nothing ' remarkable. I called on Eyerson and put into his hands a number of remarks pointedly against the Assumption bill, etc. He talked of great intimacy with my brother. My brother had men- tioned him to me in terms of respect in some of his letters. I therefore treated him with unbounded confidence. This -was, imprudent and I ought not to have done it, nor would I had it not been for some of my brother's letters, in which he men- tions Eyerson as connected with him in some political points. Ma/rch 16th. — Mr. Morris looked with a strange degree of shyness at me for some time after we met in the Hall. I had heard that Eyerson came from Philadelphia to do business with Mr. Morris. It occurred in a moment to me that he had 214 THE RYERSON EPISODE. [1790 betrayed to Mr. Morris all that had passed between him and me, and likewise my remarks in manuscript on the assumption of the State debt. In this moment mens consoia recti was a treasure to me. I had told Eyerson that there were no hopes of Mr. Morris being with me on this question, but that I had passed no censure on him for it. I determined to avow all I had done, as I did nothing with any view of concealment. I had hinted to Ryerson that I rather wished than otherwise that the General Assembly [of Pennsylvania] should declare their sense on this question of assumption, and the more so as Carolina had instructed her members for it. ^. Mr. Morris, after sitting serious a good while, turned to me and began a familiar chat. At last he asked me to walk on one side from our seats, and asked me if back lands could still be taken up. I told him yes. He immediately proposed to me to join him in a speculation in lands which he said he thought that he, from his connections in Europe, coidd sell at a dollar an acre. I paused a moment ; said, as our waste lands were totally unproductive, such a thing might be beneficial to the public as well as ourselves ; that in these points of view I saw no objection. I stated some affairs of our Land-Office briefly, and he concluded we would make up our estimates at the first leisure moment. If he is in earnest in this matter, he will be favorable to the lowering of the terms of the Land-Office. I have, however, the most unequivocal proofs of the baseness of ' Eyerson, who, notwithstanding his promises, has communi- cated everything to Mr. Morris. The principal debates this day were on the Naturalization bill, and were characterized with the same illiberality as those before mentioned. "We had company this day, mostly Virginians. Colonel Bland was of the immber. He is an assnmer on the subject of the State debts. He avowed his design to be a demonstra- tion to the world that our present Constitution aimed directly at consolidation, and the sooner everybody knew it the better ; so that, in fact, he supported the Secretary on anti-Federal principles. This, I believe, is the design of Gerry and many more. The New England men, however, want to get their debts shook off before they declare themselves completely. In their former attempts to sink tliem they raised Shays' insurreo- Mabchit] the naturalization bill debated. 215 tion. After dark I received a letter from my brother, calling Ryerson a scoundrel in direct terms. He is a mere tool to the Philadelphians, and has deceived my brother. March 17th. — The Appropriation bill was just read, and the President passed to and took up the Mitigation bill [of fines, forfeitures]. It was on the third reading, and Elsworth offered an amendment and the bill was committed. Now the Naturalization bill was taken up, and all owe old arguments went over and over again. The fact is, the adop- tion of strangers has set Pennsylvania far ahead of her sister States. They are spiteful and envious, and wish to deprive her of this source of population ; but it will scarcely do to avow openly such ungenerous conduct. It therefore must be done under various pretenses and legal distinctions. Two years' residence was insisted on in the bill. We cared not for this, but let the stranger hold land the moment he comes, etc., etc. Two law opinions were supported in the debates of the day : one, that of the power of holding lands was a feature of naturalization ; that lands, etc., could not be held without it. This doctrine was pushed so far by Elsworth as to declare that the rights of electors, being elected, etc., should attend and be described in the act of naturalization. All that could be said would not support this doctrine. Elsworth was even so ab- surd as to suppose, if a man acquired the right of suffrage in one .State, he had it in all, etc. This doctrine it was seen would not carry, and now one more conformable to the com- mon law was set up. It was alleged that the disability of an alien to hold lands arose from the common law, and was separable from the rights of naturalization, as in the case of denization in England, where the Crown could confer the right of giving, receiving, and holding real property. When an alien, therefore, was enabled to hold real estate, it was in reality by repealing part of the common law with respect to him ; not by giving a power, but taking away a disability. It, thferefore, strictly speaking, rested with the respective States whether they would repeal/ .he common law with respect to aliens touching the point of holding property, and, being a pure State concern, had no occasion to be made any mention of in the Naturaliza- 216 MK. ADAMS USES IMPERIAL LANGUAGE. [1790 tion act, but must remain to be settled by the different States by law, as well as the rights of elections, etc. We of Pennsyl- vania contended hard to have a clause for empowering aliens to hold, etc., but the above reasoning prevailed, and we lost it. Before the Senate was formed this morning, Mr. Carrol, of Carrolton, happened to be sitting next to me. "We were chat- ting on some common subject. The Vice-President was in the chair, which he had taken on the performance of prayer. He hastily descended, and came and took the chair next to Mr. Carrol's. He began abruptly : " How have you arranged your empire on your departure ? Your revenues must suffer in your absence. What kind of administration have you es- tablished for the regulation of your finances ? Is your gov- ernment intrusted to a viceroy, nuncio, legate, plenipotenti- ary, or charge d'' affaires % " etc., etc. Carrol endeavored to get him down from his imperial language by telling him he had a son-in-law who paid attention to Ids affairgj-e^.' 'TwaJ^ in vain. Adams would not dismount his hobby. At it agaott^^ nor was there an officer, in the household, civil, or military departments of royal or imperial government that he had not an allusion to. I pared my nails and thought he would^ soon have done, but it is no such easy thing to go through the^ detail of an empire. Guardian goddess of America, , canst thou not order it so, that when thy sons cross the Atlantic they may return with something else besides European forms and follies ? But I found this prayer ruffled me a little, so I left them before Adams had half settled the empire. Mr. Morris had some further chat on the proposal of yes- terday. I told him that, if I thought it possible that disadvan- tage could How either to the public or individuals, I never would hear of it. He said advantage would probably flow to the public from it. It would be the means of bringing us both money an4 people. I now touched him on the subject of lowering back lands of Pennsylvania. It was a cold scent. I find he is for what the speculators call dodging : selling the land in Europe before he buys it here. He repeated that a dollar an acre could be got for it. March 18th. — The burden of this day's de'i^ate was the Naturalization bill- over again. From the most a(^curate obser- March 19] THE NATURALIZATION BILL. 217 vation I have been able to make, the conduct of the members has been influenced by the following motives : As Pennsyl- vania is supposed likely to derive most benefit by migrations, the Eastern members are disposed to check it as much as they can. Jersey nearly indifferent ; Delaware absolutely so ; Maryland as Jersey ; Virginia unrepresented ; North CaroUna favorable ; South Carolina and Georgia want people much, but they fear the migrations, and will check them rather than run the chance of importing people who may be averse to slavery. Hence the bill passed the House [Senate] nearly as it came up from the Representatives. The governing ideas, however, seem to be the following : That the holding property was separable from and not abso- lutely connected with naturalization ; that laws and regula- tions relating to property, not being among the powers granted to Congress, remained with the different States. Therefore, Congress would be guilty of an assumption of power if they touched it ; that the holding of property was a common law right, and the disability of aliens to hold prop- erty from that quarter. King, Patterson, Bassett, Read, Henry, and Johnson, all finally settled in this way. Elsworth dead against this ; the holding property (real) a feature insep- arable from naturalization, etc. Strong rather incKned to Elsworth. Dr. Johnson said about as much on one side as the other. Few, too, is said to be a lawyer ; but, though he spoke a great deal, he did not seem to enter into the distinc- tions. For our parts we wished the Naturalization bill to be in exact conformity as possible to the existing laws relating to aliens in Pennsylvania ; and this, I am convinced, would have been the case had it not been for that low spirit which con- taminates public characters as well as private life. March 19th. — The Naturalization bill again taken iip. Now Butler, too proud to have lent his aid to any motion that was not his own, came forward with two motions. They were, in fact, nearly the same which had been negatived three or four times before. It was alleged they were out of order ; biit he was indulged, and lost them both. Now Few must be a great man, and he must bring forward his motion, too. It was equally out of order ; but he was indulged in the loss of 218 WESTERN LANDS. [1790 it. It appears that all over Europe, where the civil law pre- vails, aliens hold property. It is the common law of England that deprives them of holding real estate. The common law has been received by us, and with it this consequence. How- ever, since we can not get the rights of property fuHy ac- knowledged, it is best that the Naturalization bill say nothing about it. Mr. Morris got warmly at me this day about the ,afEair. of land. Repeated he thought even more than a doUar per acre could be got, and requested me to write him an account of the kind of land, distance to market, etc. I wrote him as follows : New York, March W, 1790. Sir : The lands concerning which you have made inquiry are situated in the county of Northumberland, on the head of the Lycoming, Pine Creek, and Tioga branches of the river Susquehanna. Their distance from Philadelphia, as the roads now go, is from one hundred and eighty to two hundred miles, but it may be shortened by opening a more direct communica- tion. The county of Northumberland, in which the first set- tlements were made about the year lYTO, was totally desolated by the incursions of the Indians during the Revolution, a mis- fortune it can never experience a second time, as the late set^ tlements of the State of New York [being extended north of it] and Luzerne County form a complete barrier, and the say- ages have greatly diminished — must soon be totally excluded by the increasing settlements from the Atlantic side of the great lakes Ontario and Erie. Northumberland County now contains between two and three thousand families. Provisions of all kinds can be had in abundance. The average price of wheat, rye, Indian corn, barley, buckwheat, and speltz, when compounded, has seldom been equaled, to a half a Spanish dollar per bushel. The present year it is higher, not owing to any failure of crops, but the uncommon demand for exporta- tion. The country in which these lands are situated "is moimt- ainous, but the high ridges are never included in the surveys. It is covered with an immense forest of timber — ^maple-siigar tree, birch, beech, oak of all kinds, pine, mostly of the white and spruce kinds, white walnxit, wild cherrj^, hickory, ash, etc. March 19] WESTERN LANDS. 219 These forests, some time ago, seemed to set husbandry at de- fiance ; bnt we now know that, independent of the acJvantages of clearing the groimd, they can be converted to iisef ul pur- poses in the manufacture of potash. The different streams of the Susquehanna offer the means of conveying any produce whatever to market. This coimtry has been observed to be particularly favorable to grass, and perhaps the raising of cat- tle may be the most profitable object of husbandry, as stock carries itself to market. These parts enjoy in an eminent de- gree the advantage and security of doiible crops. The snows, which fall regularly at their proper season in winter, insiire a plentiful harvest of the fall grain, wheat and rye, with tolerable husbandry seldom yielding less than twenty bushels per acre. The length of the summer is well adapted to Indian corn, flax, oats, spring barlej^, smnmer wheat, tobac- co, and vegetables of all kinds. Buckwheat is often sowed with success in the same summer on the ground from whence wheat, rye, or winter barley had been reaped. Perhaps, so far as respects seasons, the interests of Imsbandry are nowhere bet- ter secured than in Pennsylvania. The abundant exports of flour, grain, etc., from the port of Philadelphia afford full proof of this. It is certain that as jon advance southward and diminish the rigors of winter, yoii lessen the certainty of the winter crop ; while ascending to the north, the contracted and chilly season seldom brings to maturity the summer produce, which is often blasted or perished by early frosts. Yet such is the rage of migrations that lands with all the advantages of soil and climate in the bosom of society are neg- lected for fancied elysiums in Yazoo or Kentucky. I can not state with precision the quantity of these lands, having no act- ual surveys before me, but I know that they are no less than fifty thousand acres. If I can render you any further infor- mation, I shall be happy in doing so. I am, sir, your most, etc., "W. M. Honorable R. Moebis, Esq. "Writing the foregoing letter was all I did this forenoon. The Speaker took me in his carriage and we rode in the after- noon. 220 THE DOCTRINE OF INSTRUCTIONS. [1790 March ^Ist, Sunday. — Wrote letters to my family this forenoon-. Dated a piece of intelligence from Hamiltonople, etc. After dinner walked alone, up and down, back and for- ward on the island. The Speaker told me the report was not to be taken np until Fitzsimons came back, which was to be on Thursday. He knows all the motions of the janizaries and gladiators. March ^M. — Visited Mr. Wilson's lodgings with the Speaker. I then went with Mr. Wynkoop to visit Mr. Carrol, of Carrolton. We got on the subject of the State of Carolina having instructed their representation. Could any hints have gone from here, said he, to set them on this measure ? He is a Roman Catholic, and the intimate friend of Mr. Fitzsimons. This question raised the following train of ideas in my mind : Fitzsimons is gone to prevent a similar measure in Pennsylvania, and I am suspected of having given hints to set such a measxire going. Perhaps something of this kind may be alleged against me with justice. The doctrine of instruc- tion may certainly be carried so far as to be in effect the tribu- nitial veto of the Pomans, and reduce us to the state of a Polish Diet. But it is introduced. Perhaps the best way is for all the States to use it, and the general evil, if it really should be one, will call for a remedy. But here is a subject worthy of inquiry : Is it to be expected that a Federal law passed directly against the sense of a whole State will ever be executed in that State ? If the answer is in the negative, it is clearly better to give the State an early legislative negative than finally let her use a practical one which would go to the dissolution of the Union. A memorial of one Tracy was read, praying a bankrupt law to be passed under the authority of the United States. A motion for the appointment of a committee to bring in a bill for such a purpose. There was a great deal of speaking on this subject, and, really, I thought the subject had not justice done to it. I got up and was listened to with attention while I explained the difference between the common law for the discharge of insolvent debtors and the laws respecting com- mission of bankruptcy, and coniined the latter to its proper field, the trading part of the community ; and this part only March 22] THE APPROPRIATION BILL. 221 belonged to Congress to take up, and I doubted wbether they had done most harm or good, etc. I was led into a detail of the laws of England on this head. Much was said on all hands, but we negatived the motion. The appropriation bill was now reported, with a very tri- fling amendment indeed ; to divide a sum of about a hundred and ninety dollars between our doorkeeper and the doorkeeper of the Representatives. The momentum of a spittle would have been as effectual to stop the flowing of the sea as any efliort to check this bill. The appropriations were all in gross, and to the amount of upward of half a million. I could not get a copy of it. I vdshed to have seen the particulars specified, but such a hurry I never saw before. I did not see the bill in the hands of any of the members, but they might have had it for aught I know. I really fear the committee gave them- selves little trouble about it. The moment it was through, General Schuyler and Mr. Morris called for it on the third and last reading, for they said the Secretary wanted to make remittances to Europe. They got what they wanted, and thus we had done with it. This mode of doing business can not last long. All evils, it is said, cure themselves. Here is a general appropriation of above half a million dollars — the particulars not mentioned — the estimate on which it is founded may be mislaid or changed ; in fact, it is giving the Secretary the money for him to ac- count for as he pleases. This certainly is all wrong. The estimate should have formed part of the bill, or should have been recited in it. Am I too sharp-sighted, or have I observed some shyness in some people ? I believe it is the former. Mr. Morris this day asked if I had prepared anything on the subject we had been conversing about [buying lands]. I put the letter into his hands. He read it with apparent satisfaction ; put it into his pocket. He asked me if some kind of houses could net be raised and covered with bark at a small expense on these lands. I told him they might, if honest men were employed who would not make a job of it. The Senate adjourned about two o'clock. I was told there was warmth in the House of Representatives on the Quaker 222 P-A^Y TO THE DOORKEEPERS. [1790 memorial, and went in. The House have certainly greatly debased their dignity, using base, invective, indecorous lan- guage ; three or four up at a time, manifesting signs of pas- sion, the most disorderly wanderings in their speeches, telling stories, private anecdotes, etc. I know not what may come of it, but there seems to be a general discontent among the mem- bers, and many of them do not hesitate to declare that the Union must fall to pieces at the rate we go on. Indeed, many seem to wish it. Mwroh 'BSd. — Went with a party to wait on Mr. Jefferson. He was out. "We left our names. Sat a long time in the Senate chamber without doing anything whatever. At last up came the appropriation bill. The original bill gave Gifford Dally, the doorkeeper of the Representatives, one himdred and ninety-two dollars for services during the vacancy. We divided the sum, and gave ninety-six dollars to Dally and ninety-six dollars to Mathers, our doorkeeper. This they [the Representatives] would not agree to ; continued the one hun- dred and ninety-two dollars to Dally, and put in ninety-six dollars for Mathers. Pretty amusement for the governors of a great empire to play at cross-purposes ! King, Elsworth, and Morris were all up, and " Adhere ! " " Adhere ! " was heard from every quarter of the House. Our Vice-President put some questions, but whether it was for " non-concur- rence," " insisting," or " adhering," I do not remember. It was, however, carried ; no one flunking it worth while to say no. Mr. Morris chatted with great freedom with me to-day on his private affairs. Explained some of the difficulties he had met with in the settlement of his accounts.* Says the balance will be in his favor. Declares he will soon have done and put to silence his adversaries. Justice says plainly this ought to be the case, if he has been injured. He is very full of the affair between him and me. His countenance speaks the appearance of sincerity and candor. Interest, however, the grand anchor to secure any man, lies at the bottom. March 21ith. — This day little of consequence done in the Senate. The appropriation bill was sent up. The Repre- sentatives withdrew their amendments, after having showed a March 25] AT CLYMBR'S LODGINGS. 223 spirit of petulance to no purpose. I was called out of the Senate. Wlxen I came in, the report of the committee on the difference of boundary between the United States and Nova Scotia was under consideration. I said a few words, which appeared to be well received, on the subject. Izard and Eutler both manifested a most insulting spirit this day, when there was not the least occasion for it nor the smallest affront offered. These men have a most settled antipathy to Penn- sylvania, owing to the doctrines patronized in that State on the subject of slavery. Pride makes fools of them, or rather com- pletes what Nature began. This day the Speaker entertained. The company was not numerous ; the discourse not entertaining, or at least nothing remarkable. March 25th. — The Speaker told me last night that Mr. Clymer wished to see us this morning at his lodgings. As I alM^ays embrace the smallest hint to meet the delegation, I was early ready, but the " Friends," who had been in town on the aboKtion business, called in two parties to take leave of us. I, however, hastened to Mr. Clymer's lodgings. Found Scott, Heister, and Wynkoop at the door. I asked what had hap- pened. Scott, with a great laugh, said Clymer had read them a letter to the Speaker, and was dreadfully afraid all the people would fly to the Western world. I replied, " Scott, I told you some time ago that all this would happen if you taxed the Atlantic States too high, and you gave me a great Mononga- hela laugh in answer." " Aye," says he, " and I will give you many more." I went up-stairs, and had a letter of Clymer's composing put into my hands ; the amount of it was that every man was worth two hundred pounds sterling ; that every man that went to the Western country was lost to the United States, and therefore every tract of land we sold to a settler would be attended with the loss of a man or his equivalent, two hundred pounds sterling, deducting the trifle the United States would get for the land. All this fine reason falls dead to the ground should it appear that the man is not lost to the United States. It is, however, a fact that by an impolitic oppression of taxes we may detach the whole country from lis and connect them with 224 TO DETACH THE WESTERN COUNTRY. [1790 New Orleans ; and in that case we will get nothing for the lands. Clymer came in, and said on the principle of that letter he would vote against paying any of the public debt • with back lands. What a deal of pains he has been at to fish up some kind of reason to accommodate his vote to the wish of the public creditors, alias speculators ! They are a powerful body in Philadelphia, and therefore are not to be neglected. I asked what our friends in Philadelphia thought, particularly on the assumption of the State debt. He said they were divided, but there were more against it ih&nfor it. He now said some fine things on the improvement of the State, etc. I walked with him and Colonel Hartley. All the way to the Hall did his tongue run on the subject of going to the Poto- mac. I bore my testimony in the plainest language against all this ; regretted our not having tried an adjournment to Phila- delphia a year ago ; said, if we would go to Philadelphia with the promise of the permanent residence on the Potomac, we could without it. He was peevish and fretful. No business of consequence done in the Senate. Two bills came up to be signed. Our "Vice-President used these words from the chair before he signed them : " Is there any objec- tion, gentlemen, to the signing of these bills ? " He seems a tone lower than he used to be. The amendment on the miti- gation bill was non-concurred in, and managers for a confer- ence appointed. March 26th. — The bill for augmenting the military to six- teen hundred men came up. Bead, and Monday appointed for a second reading. A petition read from Captain Barry and others for communication. Nothing else done in the Senate. Spent some time on the bill for the encouragement of inventions, etc. The Speaker had company this day — all Pennsylvanians. Mr. Morris took pains to make himself agreeable. The Speaker told him they had determined to risk the revenue business, as they now found Williamson and Ashe would be for the assumption, as they had changed their minds. How true is the observation made by Henry, of Maryland : "All great governments resolve themselves into cabals"! Ours is a mere system of jockeying opinions. Vote this way for me, and I will vote that way for you. March 29] COLDNESS OF THE PHILADELPHIANS. 225 March 27th. — Being Saturday, read in my room. After dinner walked and caught cold. In the evening received a few lines from Dr. Eush, in which he tells me I am complained of for my correspondence with the Comptroller-General. This, I well know, comes from Fitzsimons. He would wish that no man but himself should know anything of the finances of Pennsylvania. I have made advances to the Philadelphians repeatedly, but they shake us off, and, when meetings had been settled for the communication of knowledge, they have broken them up. But I am found to possess knowledge of the finances of Pennsylvania. The presumption is that I correspond with ISTicholson. [I] am become independent of them, and there- fore criminal. I had written to the Doctor, but inclosed a note to him on this subject, for which see my letter-book. Mr. Morris has niade no agreement with me about lands. He said he would draw up something on this subject in writ- ing. I^othing of this has happened, and perhaps never will. I thought such a thing might happen, and was careful in my letter. But I will make no rash conclusions. Time will settle all matters, and we, with all our little bristlings, will soon be as quiet as the trodden sod. J^wrch 28th. — Being Sunday, was a day devoted to the thoughts of my family. Wrote letters, as usual. I have been upward of three months from them. This is really disagree- able. The time may come when I would give anything in my power to be one day with them, and now I am absent with my own consent. I wish I was honorably ofE with this same busi- ness of the Senate. If Congress continues to sit in E^ew York, I can not pretend to continue a member of it. Circumstances may direct me to what is best. God has, however, given to every man his talent for the express purpose of making use of it ; or, in other words, that he may conduct himself on the principles of right reason. May he enable me to keep my lamp trimmed always ! Stayed at home all day. Ma/rch 29th. — Committee on the bill for the progress of writs, etc., reported. Three other bills came up to us : one for treaty with Indians ; for extending the effect of the State inspection laws; and the North Carolina session. The last amended by striking out the word " Honorable " from before 15 226 THE ASSUMPTION BILL IN THE HOUSE. [1790 the names of the Senators. Butler bonnced, and Izard made frightful faces at it. They were opposed by King, Elsworth, and Patterson. I was pleased to see the Yorkers and the Southern people at it. The business was got rid of by a new clause altogether in the beginning of the bill, from which a clear inference in practice follows, viz. : That the whole of a , bill is in the pow6r of the Senate, notwithstanding their for- ■ mer agreement, and the concurrence of the other House to any part or parts of it ; and their deliberations are not confined to the parts only respecting which the disagreement subsists. I have spoken to Otis to copy all the papers that I may plead this precedent, if necessary ; for this doctrine was pointedly denied in the disputes respecting the permanent bill, viz., my papers for the copies made out by Otis. This day the House of Representatives took up the report of the Committee of the Whole House on the Secretary's re- port ; and, after adopting the first three clauses, recommitted the one on the assumption of the State debts — twenty-nine to twenty-seven ; so that I hope this will be rejected at last. The Speaker has declared that* he vrill vote against it if there should be a tie in the House. This was my opinion, which he early adopted and which he has so often subscribed to, that it will be impossible for liim to recede from it upon this prin- ciple — ^that a matter of moment, not absolutely necessary, had better be omitted than carried by so small a majority vote as one vote. This opinion has met with much approbation from many members of the Senate, and I have taken care to let the Speaker know it. Ma/rch 30th. — The bill for additional pay to the clerks of the accounts between the United States and individual States was called up and lost. Third reading of the bill for the progress of useful arts produced a debate by the New England members in favor of a man from their country, but by being joined by the Southern men we defeated them. Read the law for giving effect to the inspection laws of the States. Mes- sage from the Representatives with Cession bill agreed to. Message from the President with nominations to vacant offices. The bill for the military establishment took up the rest of the day in desultory debate, and was finally committed to seven March 31] A STANDING ARMY. 22Y members. This bill seems laying the foundation of a standing army. The justifiable reasons for using force seem to be the enforcing of laws, quelling insurrections, and repelling inva- sions. The Constitution directs all these to be done by mihtia. Should the United States, unfortunately, be involved in war, an army for the annoyance of an enemy in their own country (as the most effective mode of keeping the calamity at a distance and enforcing an adversary to terms) wiU be necessary. This seems the meaning of the Constitution, and that no troops should be kept up in peace. This bill certainly aims at differ- ent objects. The first error seems to have been the appointing of a Secretary of "War when we were at peace, and now we must find troops lest his office should run out of employment. Dressed and attended the levee. I generally used to leave this part of duty to Mr. Morris ; but now he is gone, and, lest there should be any complaints, I will discharge this piece of etiquette. The day was fine and the levee large. Mwrch 31st. — A call of the gladiators this morning. There- fore expect it will be a day of some importance in the House of Representatives. In the Senate the bill for enforcing the inspection law of the State had a third reading. The appoint- ment of Euf us Putnam, a Judge of the "Western Territory ; James Brown, Attorney for Kentucky ; and Henry Bogart, Surveyor for Albany, were consented to. Senate adjourned. "Went early to hear the event of this day's debates in the House of Eepresentatives. Ifothing remarkable, save a vio- lent personal attack on Hamilton by Judge Burke, of South Carolina, which the men of the blade say must produce a duel. The question was not taken, on the assumption. Mr. "Wyn- koop spoke to me in the chamber of Representatives, to have a meeting of the delegation. I supported this idea, and we agreed to meet at the Speaker's. But I first vt-ent and drank tea with Mr. "Wynkoop and Mrs. "Wynkoop. There was a great deal of desultory discourse at the meeting. Mr. Clymer took on him to assert that the State of Pennsylvania was in debt to the Union, and disbelieved all Mr. Nicholson's state- ments, and declared unequivocally for burning all old accounts. I mentioned Nicholson's statements as being made from au- thority, and that they neither ought nor could be invalidated 228 THE OLD ACCOUNTS. [1790 on supposition ; that the old Confederation had proceeded every step on the grounds of a final settlement ; that to anni- hilate the old accounts was contrary to the new Constitution, which had sanctified every act of the old Congress ; nor could I see how any State could call on the Union to assume any debt of theirs until she showed by a settlement that she had ex- ceeded her requisitions. Both Clymer and Wynkoop are seek- ing for some plausible excuse to change their ground. I have endeavored to humor them, but their pride and obstinacy are hard to subdue. April 1st. — This day in Senate two bills were signed, the Carolina Cession act and the bill for giving effect to the State inspection laws. A committee was also appointed to settle the pay of the Senators up to this time. The Senate adjourned, and I went into the chamber of Eepresentatives to hear the debates. It was a dull scene. Gerry took up the time of the committee to the hour of ad- journment. He is a tedious and most disagreeable speaker. The committee rose and no question was taken. Soon after I came in I took an opportunity of speaking to Mr. Wynkoop. I was pointing out some inconveniences of the assumption. I found he seemed much embarrassed. Iiawrence and Benson had got him away from his usual seat to near where they com- monly sat. He paused a little ; got up rather hastily ; said, " God bless you ! " went out of the chamber, and actually took his wife and proceeded home to Pennsylvania. The way in which this good man can best serve his country is in superin- tending his farm. Perhaps there is no method more accep1> able to Nature ; he certainly is wanting in political fortitude. Benson, Lawrence, the Secretary, and others have paid atten- tion to him, and he has not firmness of mind to refuse them his vote. But he has done what equally offends them and subjects himself to ridicule : he has abandoned the whole business and deserted the cause of his country at a time when an honest vote is inestimable. To-morrow being Good Friday, we adjourned over to Saturday. April 'Bd. — The House of Eepresentatives met, but ad- journed on account of the holiday. I conversed this day at the Hall with George Gray. He declares the people of Penn- Aprils] PENNSYLVANIA OPPOSED TO ASSUMPTION. 229 sylvania are tmiversally opposed to assumption, now the mat- ter is understood. This is the effect of the publications which I have labored hard indeed to get into the prints. The Speaker is now firm against the assumption, and so is Scott. Cljmer is so, too, I believe, but I am not quite certain whether his wish of popularity has as yet been able to subdue his pride and obstinacy. Hartley is too giddy and unsettled for any one to determine how he will vote, and, as his judgment has no ■ share in it, the presumption is that he will vote with Smith, of Carolina, and those whose company he always keeps. Ijiave put my political life_in_my„haad-in starting this o pposition in the teeth^crf th^Philade^thians^ If I fail, my seat in Congress and disgrace in the public eye will follow. But I am con- scious of rectitude of intention, and hie murus aheneus esto, nil consoire siii. nulla pallesoere culpa." I was this day to have dined with the Secretary [Hamil- ton], but a violent storm of wind and rain came on, and I could not get a hackney. The Speaker offered me his carriage, but then his servants were all gone to church. April 3d. — Called in the morning at Mr. Hamilton's oifice to make an apology for not dining with him. Coiild not see him. He was closeted with the Secretary of War. Was de- ' sired to stay until he was disengaged. The importance of my business would not justify this. Gave my name and compli- ments to Colonel Hamilton, and information that the badness of the weather prevented my dining with him yesterday, as I happened to be so unfortunate as not to be able to procure a carriage ; and now, this momentous affair being settled, went to the Hall. The minutes were read. A message was received from the President of the United States. A report was handed to the Chair. We looked and laughed at each other for half an hour, and adjourned. The report was the pay due to each member. Dr. Elmer and Mr. Bassett whispered me, after the report was handed in, that King and Schuyler were allowed full pay, notwithstanding they had not been much with us, and that Dr. Johnson was allowed full pay and mileage to Con- necticut, though he lives here, while the time Dr. Elmer was absent was deducted. Honesty thrives but badly east of the Hudson. 230 ASSUMPTION BEFORE THE EEPRESENTATIVBS. [1790 I went into the Eepresentative chamber, expecting the as- sumption would be taken up. A listless apathy seemed to per- vade the whole. Two motions were negatived touching some appointment of a foreign nature that did not seem to have been well digested. Somebody said adjourn, and they ad- journed accordingly. This really seems like the mockery of business. The New England men despair of being able to ■ saddle us with their debts, and now they care not whether they do any business or not. Mr. George Gray, of the Lower Ferry, Mr. Luper, his son-in-law, Colonel Oswald, and another gentleman, dined with us. We had much free conversation after dinner. Mr. Luper had waited on Mr. Fitzsimons before , he came away. Fitzsimons advised him not to come, and told him a year hence would be time enough ; that nothing would he done in the business until he returned to New YorTc. They sat till late. I was happy to have a company of Pennsylva- nians. April Jfth. — I wrote my letters early. The day was invit- ing and I could not avoid the temptation of walking out. I went to Scott's lodgings and he walked with me. The town is much agitated about a duel between Biirke and Hamilton. So many people concerned in the business may really make the fools fight. When I was called down to dinner, the Speaker and Gen- eral Miihlenberg were closeted with Clymer and Jackson. All was profound mystery. We had half finished our dinner be- fore they joined us. I saw they were filled with tlioughts of importance, but I scorned to be inquisitive. I retired to my chamber. The Speaker soon came to me and unfolded the mystery. Clymer had a proposal to barter away the Pennsyl- vania votes for an assumption for the Carolina and Massachu- setts votes for an adjournment to Philadelphia. He and Fitz- simons are now squirming like eels in a basket to regain the popularity which thej' have or are likely to lose on this busi- ness by bringing f oiVard a plausible pretext to justify their late vote. The Speaker, however, openly avowed to me the reason of the vote for assimiption, viz., consolidation and unit- ing in one Government. I told him plainly Hamilton had no ability for siich work, and the thing would miscarry in his or Apeil4] the PBNNSYLVANJANS ON ASSUMPTION. 231 any other hands. I determined to go and call on Clymer about this business. I did so, but he had Jackson (of the President's family) with him.* I sat till I was tired and rose with the first of the company to come away. Clymer asked me to walk on the Battery, and we roamed almost the whole length of the town, up the East River and back again, without his giving me an opportunity of speaking to him. I felt hurt at his distant treatment. I went with him home. He called Jackson in. Jackson made a florid harangue on the golden opportunity of bartering the votes of Pennsylvania with South Carolina and Massachusetts to give the assumption, and get the residence of Congress. Whatever I might have done in other company, I would not commit myself to Jackson. I spoke my sentiments sincerely on the villainy of bartering votes ; ■ declared my opinion that Pennsylvania need make no sacrifice to obtain Congress ; that matters were working as favorably as could be wished ; that I entertained no doubt of adjourning to Philadelphia ; that as- suming the State debts in the proposed manner was so radi- cally wrong that nothing could justify the act, and that the postponement of it ought to take place at any rate. Clymer said it would not be postponed ; it would be car- ried. I said the Pennsylvanians might see each other before that time. He said they could not. I told him if the Penn- sylvanians were able to postpone it after a contract was made they were able to do it without any contract ; and if they really meant to sell their votes, it was idle to talk of giving them without and before a contract was made. Make a present of a thing, and you need not demand the price afterward. I con- cluded mth saying I would have time enough to make up my mind before the business appeared before the Senate, but had no objection to deliver my sentiments at any time, and had given them now with freedom. The cold, distant, stiff, and, let me add, stinking manner of this man is really painful to be submitted to. I never will go into any company with design to give offense, but I really think out of respect to myself I ought to avoid his company ; at least I need not go into it * Meaning a voter for Hamilton. 232 THE ASSUMPTION OF STATE DEBTS.. [1790 witliout necessity. Jackson's interfering in this business -is far from proper. Hence appears plainly how much the assumption of the State debts was made a point of by the conrt party. In fact, the reduction of the State governments was the object in theory in framing both the Constitution and Judiciary and in as many laws of the United States as were capable of taking a tincture of that kind. But it won't do. April 5th, Monday.— Tl\ie bill for the progress of the use- ful arts was concurred with after considerable debate. The report of the Senators from the joint committee on the Miti- gation bill was that the disagreement continued. A communi- cation was received from the President of the United States of three acts of the Legislature of New York. The whole paper was read. The act of transmission from the government of New York was pomposity itself. They, however, often reit- erated the words " free and independent," which I thought done designedly. I had some discourse with Colonel Hartley, and he has promised to withhold his vote for the assumption for some time at least. I went this afternoon to hear a negro preach. I can only say it would be in favor of religion in general if preachers mani- fested the same fervor and sincerity that were apparent in his manner. He declared himself untutored, but he seemed to have the Bible by heart. Tempora muta/ntur et nos muta/mv/r m illis. April 6th. — The Senate seemed likely to have no business before them this day ; but all at once up rose Few, and offered a report of the bill for the military establishment. Some tri- fling- amendments were made in the compensation to the ofii- cers, but the bill was materially the same. It was agreed to, as the sense of the Senate, that no report should be offered until the bill for regulating the intercourse with the Indians and the treaty bill should be put . into the hands of the same committee ; but whatever is, is best. It is out of the hands of the committee and postponed. I spoke against the whole biU as an egg from which a standing army would be hatched, as it is a standing army in fact, for the smallness of the number does not diminish the principle. But I foresee I will have much to say under this head at a future day. ApkilT] FEAiTCE ABOLISHES TITLES. 23; • Carrol, of Carrolton, edged near me in the Senate chambej and asked me if I had seen the King of France's speech anc the acts of the " Tiers Etats," by which the distinctions of th( nobility were broken down. I told him I had, and I consid ered it by no means dishonorable to us that our efforts againsi titles and distinctions were now seconded by the representative voice of twenty-four millions. A flash of joy lightened fronc his countenance. How fatal to our fame as lovers of hbertj would it have been had we adopted the shackles of servility which enlightened nations are now rejecting with detesta tion ! A/pril 7th. — A committee was appointed in the Senate tc bring in a bill for the territory of the United States south oi the Ohio. I did not oppose the appointment of a committee, but told some of them that they must make it stand alone, as ] wished to avoid all expense. I had no notion of salaries to the Governor, judges, etc. I considered the motion brought for- ward by way of making some entry on the journals as much as anything else. A short bill, however, came up and had a first reading. The Speaker had company this day. I was wanting in spirits, and did not seem to enjoy it. The table was, however, fiUed well, and there was a good flow of conviviality. After dinner the Speaker told me that Fitzsimons and Clymer wanted to see the delegation at their quarters. I was not well. It was late, and a tempest of wind and cold. But I went. Fitzsimons [spoke as if he] had been hired to extol the politi- cal merit of Massachusetts and South Carolina and deprecate that of Pennsylvania. It was in vain that I told him every- thing in a pecuniary point of view must remain in doubt until the accounts were settled ; that the only man who had it in liis power to give an opinion on the subject (the Comptroller- General) had taught us to think differently. I said that the State, Navy, and defense of tlie river Delaware had cost vast sums. I could not see that the defense of the Delaware, etc., was any more charged against Pennsylvania than the expense of the American arms before Boston was a demand against Massachusetts, or the charges at Yorktown against Virginia. If Pennsylvania advanced the money, it was in the general 234 THE PORT OP YEOMUS, VIRGINIA. [1790 defense, as well as lier own, and the charge lay well against the Union. The business of the meeting was to consult about an ad- journment to Philadelphia, and, as the votes of Pennsylvania would determine for or against assumption, whether they could not be so managed as to affect that measure. I will only set down what I said on the matter as opinion, that to barter votes was unjustifiable ; that the risk of losing votes was as great as the chance of gaining by making a bargain with the other side, for Philadelphia had friends on both sides ; that the best mode was to postpone the assiraiption and push the adjournment to Philadelphia while both parties feared and both courted the Pennsylvania vote. April 8th. — A bill which came up yesterday for suspending part of the revenue law with respect to the port of Yeomus in Virginia was read a second time. 'Eow Elsworth moved some alteration of the law with regard to some ports in Connecticut. Langdon wanted an alteration in New Hampshire, and Dalton one for Massachusetts. It was committed to these three mem- bers. God forgive me if I wrong them, but I fear they want to make loopholes in the impost law to suit their private pur- poses, or rather the purposes of State smuggling. I never observed so drooping an aspect, so turbid and for- lorn an appearance as overspread the partisans of the Secretary [Hamilton] in our House this forenoon. If I had chosen to use the language of political scandal, I would call them " Sena- torial Gladiators." Elsworth and Izard in particular walked almost all the morning back and forward. Strong and Patter- son seemed moved, biit not so much agitated. King looked like a boy that had been whipped, and General Schuyler's hair stood on end as if the Indians had fired at him. I accounted for the appearance of King and Schiiyler from the publica- tions that have appeared against them in the papers for two days past. Just before dinner Andrew Brown, the printer, called. It seems there had been a meeting of the citizens of Philadelpliia on Saturday last to consider on the subject of General Knox's report, and a committee is appointed to draw up something. Brown has refused to print for them, and has flown off to this April 9] ANDREW BROWN, PRINTER. 235 place for tlie purpose of giving notice of tlie event and claim- ing his reward ; and perhaps a third motive has had weight with him, for I really never saw any man have more the ap- pearance of fright upon him. I know him to have been a spy and tool for Hamilton for some time past. He told lis of some man having offered some violent pieces to him for publication, which he said were written well ; but he refused to print them, and the author took them away. He said they were addressed to the yeomanry of Pennsylvania. I suspect this may be my friend George Logan. He ought to beware of A. Brown ; lie does not know him. Brown owned to us that Hamilton had written to Jefferson in his favor after publishing his recanta- tion, and refused to print anything against the Secretary's report. April 9th. — The committee of yesterday reported the bill with Elsworth's amendment only. Said Mr. Hamilton was of opinion, when the new impost law was enacted, the other amendments could be introduced. This is art in him to make friends to his new bill, and shows that he is either still confi- dent of success or affects it. There was no objection and the bill had all its readings. Elsworth reported a bill for the government south of the Ohio. It was to be the same as the government of the "West- ern Territory, mutatis mutandis. I had some previous dis- course witli Elsworth on this subject. I can with truth pro- nounce him the most uncandid man I ever knew possessing such abilities. I am often led to doubt whether he has a par- ticle of integrity; perhaps such a qimlity is useless in Con- necticut. In Senate this day the gladiators seemed more than com- monly busy. As I came out from the Hall, all the President's family were there — Humphreys, Jackson, Nelson, etc. They had Vining with them, and, as I took it, were a standing com- mittee to catch the members as they went in or came out. The crisis is at hand. At dinner the Speaker told me there had been a call of the Secretary's party last night. Fitzsimons, he said, had been sent for, and they had determined to risk an action to-morrow. April 10th. — Busy to near eleven writing letters to my 236 THE NORTH CAROLINA CESSION. [1790 family. Dressed and attended to see the event of the day, but it was put off by consent. The Treasurer told me the rea- son of it afterward. Sherman, who is against the assumption, is expected to go away, and thus the other party will be less strong, or at least more so, by one vote.. The Secretary's peo- ple scarce disguise their design, which is to create a mass of debts which will justify them in seizing all the sources of Gov- ernment, thus annihilating the State Legislatures and creating an empire on the basis of consolidation. April 11th, Sunday. — Stayed at my lodgings almost aU day, a few minutes excepted, when I went to the lodgings of General Irwin, who is this day to set off on his journey to Carhsle. Wrote sundry letters, read, etc. I charged Gen- eral Irwin mth letters for Harrisburg and Sunbury. Wrote a few lines to Eleazer Oswald, editor of the Independent Gazet- teer, to inclose his paper and forward it to my son Johnny, to be left at Adam Zantzinger's in Market Street, Philadel- phia. April I'Bih, Monday. — The business done in the Senate was trifling. A bill for establishing the government of the North Carolina cession was taken up. I had occasion to speak to it, and moved a postponement until the bill be printed and put into the members' hands. It was carried. Elsworth was fretted, and I cared not. Two amended bills came up from the other House and were postponed. We ad- journed between twelve and one o'clock. I went into the House of Representatives to hear the ques- tion of assumption taken up. Clymer got up ; said the as- sumption was two and a quarter millions against his State ; more than she ought to pay ; but, for confirming the Govern- ment and for national purposes, he would vote for it. I could not hear all he said, but the above was the amount of it. Fitzsimons hoped to have a great many conditions ob- tained, such as that the interest of the State debt should be paid in the respective States ; that no improper charges should be brought forward. But he would vote for it now in expecta- tion that these conditions would be obtained afterward. Cer- tainly this could not be called the conduct of a wise man ; he April 13] ASSUMPTION DEFEATED IN SENATE. 237 voted as well as Clymer for it formerly and took all the Penn- sylvania delegation with him except Heister and General Muhlenberg without any condition whatever, unless it might be private ones known only to himself and the Treasury. The question was, however, taken and lost : thirty-one against it and twenty-nine for it.* Fitzsimons, Clymer, and Hartley voted for it. Sedgwick, from Boston, pronounced a funeral oration over it. He was called to order ; some confusion ensued ; he took his hat and went out. When he returned, his visage, to me, bore the visible marks of weeping. Fitzsimons reddened like scarlet; his eyes were brimful. Clymer's color, always pale, now verged to a deadly white ; his lips quivered, and his nether jaw shook with convulsive motions; his head, neck, and breast contracted with gesticulations resembling those of a turkey or goose nearly strangled in the act of degluti- tion. Benson bungled like a shoemaker who had lost his end. Ames's aspect was truly hippocratie — a total change of face and features ; he sat torpid, as if his faculties had been benumbed. Gerry exliibited the advantages of a cadaverous appearance, at all times placid and far from pleasing ; lie ran no risk of deterioration. Through an interruption of hectic lines and consumptive coughs he delivered himself of a decla- ration that the delegates of Massachusetts would proceed no further, but send to their State for instructions. Happy impudence sat enthroned on Lawrence's brow. He rose in puffing pump and moved that the committee should rise, and assigned the agitation of the House as a reason. Wadsworth hid his grief under the rim of a round hat. Bou- dinot's wrinkles rose in ridges and the angles of his mouth were depressed and assumed a curve resembling a horse's shoe. Fitzsimons first recovered recollection, and endeavored to rally the discomfited and disheartened heroes. He hoped the good sense of the House would still predominate and lead them to reconsider the vote which had been now taken ; and he doubted not but what it would yet be adopted imder proper modifications. The Secretary's group pricked up their ears, * This, of course, greatly reduced the value of certificates. 238 DINNER WITH IZARD. [1790 and Speciilation wiped the tear from either eye. Goddess of description, paint the gallery; here's the paper, find fancy quills or crayons yourself. April 13th, T\i6sda/y. — Nothing of moment done this day in the Senate. The bill for the Territory south of the Ohio" passed a second reading. Some trifling debate on the amend- ments of the biU defining crimes and punishments. The day was clear, though somewhat cold, but I felt a desire of being abroad, and walked out almost all day with Mr. E. Harris, who is now abroad again. April llfth, Wednesday. — There was nothing of impor- tance transacted this day in the Senate, no debate w^rth minut- ing. The Senate adjourned, and we, or at least I, went into the House of Representatives. But even there everything seemed equally unimportant. The House adjourned, and as I was to dine this day with Mr. Izard, the Speaker, and General [Muhlenberg] being likewise engaged at the same place, we had an hour on hand to saunter away before dinner. It began to rain as we got to Izard's. There was of the company Count von Berkel, the Speaker of the New York House of Eepre- sentatives, members of Congress, etc. Among our wine I men- tioned the expected death of Dr. Franklin. Izard knew him as well as any man in the world. Dr. Johnson would yield to no man on intimate acquaintance with his [Franklin's] charac- ter, and at him they both went. I really never was much of an admirer of the Doctor, but I could hardly find it in my heart to paint the devil so bad. He had every fault of vanity, ambition, want of sincerity, etc. Lee's rascally virtue of pru- dence was all they would leave him. I must note it down that Clymer called me out of the Sen- ate chamber this day. It was on no business of any conse- quence. He talked with me a considerable time. After I came into the Eepresentative chamber he came and took a chair beside me. I must declare that, be his motives what they may, I never saw him so condescending. I will not balk him in his advances to me ; my heart tells me that peace with all the world is the most acceptable and desirable object to be pursued. I will not shun her, but place myself in her paths. What is it that whispers in my ear that, if any dirty April 15] THE MILITARY BILL. 239 trick is played me that lias its date about this time, I need not be at a loss to guess the author ? No, no. I will give it no such meaning. I wiU not suppose him to have worn a cloak, but that he came clothed in candor. April 15th, Thursday. — The bill for regulating the mili- tary establishment was called up. The friends of this bill seem to be chieily Butler, King, and Schuyler. I have op- posed this bill hitherto as often as it has been before the House as the foundation, the corner-stone of a standing army. The troops are augmented one half. The reasons hitherto given have been the distressed state of Georgia. Butler has blazed away on this subject at a great rate ; declared over and over that Georgia would seek protection elsewhere if troops were not sent to support her, etc., etc., and said fifty Indians had penetrated into that State, of which he had authentic infor- mation, etc. Carrol joined him. King, Schuyler, Elsworth, and Lee opposed them. Lee made a set speech against stand- ing armies. He really spoke well. King at last got up and rather upbraided the Georgia members for their silence on diis question. This brought up Colonel Gunn. He declared he knew nothing of fifty Indians making any inroads into Georgia. He was just from there, and had the latest accounts. Georgia was in peace, and never had a better prospect of con- tinuing so. There existed no cause in Georgia for augment- ing the troops ; and since that was the reason assigned for it, he should vote against it. Infatuated people that we are ! The first thing done under our new Government was the creation of a vast number of offices and officers. A treasury delated into as many branches as interest could frame. A Secretary of War with a host of clerks ; and above all a Secretary of State, and all these men labor in their several vocations. Hence we must have a mass of national debt to employ the Treasury, an army for fear the Department of War should lack employment. Foreign en- gagements, too, must be attended to to keep up the conse- quences of that Secretary. The next cry will be for an Ad- miralty. Give Knox his army, and he will soon have a war on hand ; indeed, I am clearly of opinion that he is aiming at this even now, and that, few as the troops are that he now has 240 THE MILITARY BILL. [1790 under his direction, lie will have a war in less than six months with the Southern Indians. Lent the Speaker fifty dollars. April 16th. — And now again for the augmentation of the troops. I took a minute view of all the papers forwarded by General Knox. They were copies of letters which he had re- ceived from different places and carried, evidently, manage- ment on the face of them. Thus, for instance. General Knox writes to General Wayne in Georgia to inform him whether the Spaniards had not lately supplied the Indians with arms and ammunition. General Wayne answers that his inquiries on this head resolved themselves into the affirmative, and adds his opinion that it is highly probable hostile uses may be made of those supplies by the savages. In this manner leading let- ters procure favorable answers from men who expect to be employed in case troops are raised. Before Colonel Gunu came, the dangers and distress of Georgia were magnified as far as fancy could from frightful pictures. Colonel Gunn contradicts all this. New phantoms for the day must be created. Now a dan- gerous and dreadful conspiracy is discovered to be carrying on between the people of Kentucky and the Spaniards. King unfolded this mysterious business, adding that he conceived his fears were well founded. He firmly believed there was a conspiracy ; that it was dangerous to put arms into the hands of the frontier people for their defense, lest they should use them against the United States. I really could scarce keep my seat and hear such base sub- terfuges made use of one after another. I rose, demanded what right gentlemen had to monopohze information. If they had it, let them come forward with it and give other people an opportunity of judging of the authenticity of the informa- tion, as well as the persons in possession of it ; declared that I could not tamely sit and hear the characters of the people on the Western waters traduced by the lump. This day was the first ever I heard of the word " conspiracy " being applied to the inhabitants of the Western waters. I had a right to doubt it until authentic proof was brought forward of the fact. I felt myself disposed to wipe King hard, and certainly did so. April 17] INVENTED NEWS. 241 It was moved and seconded very fairly to reduce the number to one thousand, and carried, eleven to nine. Elsworth, though he spoke for the reduction, voted against us. Mr. Morris desired to be excused from voting, as he had come but lately. Elsworth said he voted against one thousand because he wanted twelve hundred ; and,, though it was certainly out of all order, got a question put on this number and carried it by one vote. No man ever had a more complete knack of putting his foot in a business than this same Elsworth. At one thousand we should have had but one regiment. Now the committee to whom it is recommitted will try to continue them in two. And yet economy is all his cry. I gave notice that, when the title of the bill came to be considered, I would move to strike out " for regulating the military establishment of the United States," and mentioned particularly what I took the intention of the troops to be agree- ably to the old acts of Congress, -viz., protection of the front- iers of the United States / facilitating the surveying and selling the jmblic lam,ds and preventing unwa/rra/ntahle en- croachments on the same. The man must be blind who does not see a most unwarrantable management respecting our mili- tary affairs. The Constitution certainly never contemplated a standing army in time of peace. A well-regulated militia to execute the laws of the Union, quell insurrections, and repel invasions, is the very language of the Constitution. General Knox offers a most exceptional bill for a general militia law which excites (as it is most probably he expected) a general opposition. Thus the business of the militia stands still, and the Military Establishment bill, which increases the standing troops one half, is pushed with all the art and address of min- isterial management. April 17th. — Being Saturday, a party was formed to go to Haerlem. Long cooped up in the city, I joyfully joined them, but the wind soon blew cold and raw from the east, and we could not stay out of doors. Like most other human expecta- tions, our hopes vanished in disappointment. I got some cold, and felt slight complaints of the rheumatic kind. The ramble has, however, had its uses, and may cure me on the subject of excursions in the future. 16 242' THE MILITARY BILL. [ITOO April 18th, Sunday. — This is the most tempestuous day which I remember. Snow, torrents of rain, high winds. Kept the house all day ; read and wrote to my family. The Speaker received letters by which it appears the Philadelphians, or at least the aristocrats, will support Mifflin rather than him [Muhlenberg] for Governor. He recapitulated the return they had always made to him for his engaging the Germans to sup- port their measures. He had a share of the profits of the vendue office from Paton, but it amounted to little. They deserted him on the appointment of vendue-master. For the ISTorthern Liberties lie got the office in Montgomery by a con- stitutional vote, and it never paid him for the paper he spent for the Eepublican party. April 19th, Monday. — The journals of the Senate can scarce designate a day of less importance than the present. The yeas and nays had been fairly taken on reducing the troop from sixteen hundred to one thousand, but the way the minutes read the question was for the striking out of every man, viz., the whole sixteen hundred. Elsworth moved to strike out the whole of the yeas and nays, etc. This certainly was against all rule : the reading of the minutes is for correc- tion, not altering them. Wyngate and Langdon spoke a good deal, but it was in vain. They carried it. I bought two little pocket-books for Betsey and l^elly, to be sent home by Bobby Harris. On the vellum in one of them I wrote : A daddy to a daughter dear This little present sends : May she to him, far off or near, By duty make amends ! In the other one I wrote the following : A father to a favorite child Presents this little toy : May she through life a sunshine mild And happiness enjoy 1 > Wretched man that I am, who do not break loose from this disagreeable place and stay, live and die with my family ! April 20th, Tuesday. — Dressed this day to go with Bobby Harris to the levee, but the President was gone to Long April 20] THE MILITARY BILL. 243 Island. "We sat a long time in the Senate, withont doing any- thing. At last the committee on the military bill reported. The report was a mere matter of detail, only the clause lim- iting the bill to two years was struck out. I had given notice that I would move to alter the title of the bill so as to express the use and intention of raising the troops, but our Yice- President, in order to jockey me, was for putting the question on the bill without saying anything about the title at all. Elsworth, who can not bear that anybody should move any- thing but himself, and to whom I showed the title I had pro- posed to offer, pushed liimself before me with a title different and much shorter. He was not seconded. I offered mine, and was seconded by Lee. A long debate ensued. Elsworth now gave all the opposition in his power. It was really painful to hear the servile sentiments that were advanced. The spirit of the whole was, that we had nothing to do with the troops ; had no right to know what the President did with them or applied them to ; it was interfering with his command, etc. I thought they were well answered. But what of that ? We lost it. Elsworth now showed plainly that he cared httle about his motion, and that he had only started his to draw off the Senate from mine. Butler had declared he would second him during the debate on mine. I, therefore, called for it. He now moved it differently, viz., " An act to raise troops for the service of the United States." His first motion was " for the defense of the frontiers and for other purposes." All we could do was to get a question on it, such as it was. The Senate divided, ten to ten. The Vice-President made a re- markable speech. He said to raise troops for the service of the United States was as much a standing army as a military establishment, and voted for the old title. I thought I con- firmed every argument I advanced, either from the old or new Constitution of Pennsylvania, or from the Constitution of the United States. But a sentence from the Secretary [Knox] is of- more avail than all the Constitutions in the United States with many people. The limiting clause at the end of the bill confining it to two years being lost, I moved that three years in the first clause should be struck out and two inserted. I brought for- 244 THE MILITABY BILL. [1790 ward the " appropriation " clause in the Constitution to sup- port me in this motion, but, as it was known where the majority was, I could not obtain a second. We had a meeting last night of our delegation on the sub- ject of removing Congress. The avowed language of the Philadelphians [was] to make a Potomac contract. I insisted we should lose as much on one hand as we could gain on the other, and infamy was certain ; that the business could be better done without it, etc. April '21st. — The bill for regulating the military establish- ment was taken up for a third reading. Being in the Senate, and of course in order, I moved to restore the seventeenth sec- tion, which had been struck out yesterday, in the following words : " And be it further enacted that this act shall continue and be in force imtil the 26th day of March, 1792." I went over the Constitutions of Pennsylvania, old and new; that they were abhorrent of a standing army in time of peace in- ferred, as I thought, clearly the same doctrine from the Con- stitution of the United States. I then showed that this bill established a standing army. It was for regulating the mili- tary establishments of the United States. It carried a perma- .nent establishment on the face of it, as it was unlimited in point of time. It clearly carried with it a permanent standing army. I compared it to the Mutiny bill of Great Britain. All the world knew that Great Britain had a standing army, and her soldiers were enlisted generally for life ; and yet the jeal- ousy of the nation was such that the boldest minister dared not propose the extending of the Mutiny bill to more than one year. In the legislative theory, the English had no standing army. It was but an annual one. But if the bill passed in its present form we should not have even a theory to oppose to a standing army, etc. Elsworth got up and said the reason the clause was struck out was that it contradicted the terms of enlistment, and he made a distinction between enlisting men for three years and appropriating pay for them for three years. We could do the one. We could not do the other without breaking the Con- stitution. He wished they were enlisted for seven or ten years, etc. I answered that it seemed as if men strained their Inge- April 22] THE MILITARY BILL. 245 nuity to try how near they could approach an infraction of the Constitution without breaking it. There could be no doubt but what the clause limiting the appropriation to two years was meant as a bar against a standing army, and yet gen- tlemen seemed to strain their faculties to accomplish the very end prohibited, without being chargeable with a direct breach of commandments, etc. Elsworth declared, both yesterday and this day, that mili- tary establishment meant and could mean nothing short of a standing army. Carrol used the same language, and expressly said that, though the Constitution of Pennsylvania might for- bid it, we were not to be governed by any State Constitution. But of all the ilamers, none blazed hke Izard. He wished for a standing army of ten thousand men. He feared nothing from them. Ko nation ever lost its liberty by a standing army, etc. The Romans lost their liberty, but it was not by the army under Julius Caesar. He was well answered by Lee, but it was in vain. A standing army was the avowed doctrine, and on the question Lee, Wyngate, and myself rose. I openly declared my regret that there M'ere not enough of us to call the yeas and nays. Mr. Morris was not in at the taking of the question. I iind in some conversation which I have had with the Speaker that Hartley is very dependent in his circiunstances. A mere borrower and discounter of notes at the Philadelphia bank. It is much against him in point of prudence that he should be the most extravagant member of the Pennsylvania delegation. April 2^d. — The morning looked so tempting I could not resist the impulse I felt for walking out. The Speaker joined me at the door. "We called on Mr. Wynkoop, who is con- fined Avith his sore leg. We got on the assmnption of State debts. I find the Speaker rather wavers of late. "Wynkoop seemed all Secretary [Hamilton]. I embarked, as I generally do, and I endeavored to speak so plain that I scarce think it possible I could be misunderstood ; and I could not help think- ing that to understand and obtain consent were inseparable. He waved what I said as if he would push all by in the lump. But if I had talked to a mute camel, or addressed myself to 246 THE DEATH OF DR. FRANKLIN. [1790 a dead horse, my speech would have had the same effect ; and yet he seemed to have neither opinion nor system of his own. Attended at the Hall. A bill was committed, a message was received, and the Senate adjourned. Wrote a short piece against the assumption of State debts ; sent a copy to Bailey for pubUcation. This day there were accounts published of the death of Dr. Franklin, and the House of Representatives voted to drape their arms for a month. When I consider how much the Doctor has been celebrated, and when I compare his public fame with his private character, I am tempted to doubt whether any man was as perfect. Yet it is, perhaps, for the good of society that patterns of perfection should be held up for men to copy after. I will, therefore, give him my vote of praise, and, if any Senator moves crape for his memory, I shall have no objection to it ; yet we suffered Grayson to die without any attention to his memory, though he belonged to our body, and perhaps had some claim to a mark of sorrow. April 23(1. — Felt rheumatic pains over a considerable part of me, and really have some fear that I shall have a fit of it. A bill had been committed yesterday " for the relief of a cer- tain description of officers." I believe it came from the Sec- retary of War. It was absolutely unintelligible, and it really struck me it was meant as the stock to ingraft some mischief on with respect to the conmmtation pensions and half-pay of the old array, everything relating to wMch we had generally considered as settled. I spoke freely of it yesterday and this day, though I was not of the committee. The committee, however, reported against the whole of it, and it was rejected. It really seems as if a listlessness or spirit of laziness per- vaded the House of Representatives. Anything which comes from a Secretary is adopted almost without any examina- tion. The military establishment bill came up — concurred in. Strange that not a Pennsylvanian should object to this bill. As it now stands, it flatly contradicts the Constitution of Penn- sylvania, both old and new. Carrol rose and made a motion that the Senate should wear crape for a month for the loss of Dr. Franklin. Before he was seconded, Elsworth got up and opposed it ; said, as it would not be carried in the Senate ; he trusted it would not be sec- April 25J ■ THE KILLING OF OXEN. 247 onded. I rose and seconded Carrol. Izard and Eutler hated Dr. Franklin, and I well knew that this opposition of Els- worth aimed at their gratiiication. Perhaps my supporting Carrol had something of a tincture of the same kind. King and Dr. Johnson joined Elsworth. Elsworth addressed Carrol and told him (through the Chair) that he might as well with- draw his motion, as it would be lost. This was really insult- ing. But as the matter, strictly speaking, was not senatorial or such as belonged to lis in oiir capacity as a public body, and as it was opposed, Carrol looked at me and I nodded assent, and it was withdrawn. April ^^.th. — A party was formed by General Muhlenberg to go to Long Island, but, recollecting the disappointment of last Saturday, I declined going with them. Stayed at home and spent the day rather in a lounging manner. Wrote some letters. The Speaker proposed a ride in his carriage. I Avas all passive. He took a lady who was indisposed. I went in the evening and sat awhile with Mr. "Wynkoop. In the after- noon Henry Stone and some other members of Congress called on me to go and see some cattle of enormous size. I went. Two bullocks of great bulk indeed were shown to us. I was sorry for my walk. They were in the yard of the ^ slaughter-house. I now learned some secrets of the btttcher business which I never knew before. The ox is emptied by repeated bleedings of almost all his veins before he is killed. A place is fitted up to which their heads are drawti up by a rope, and the jugular veins are opened. The blood falls down on the boards, inclined so that it runs into a trough fixed in the ground ; and hogs are kept to feed on it. All this prepa- ration is made to make the beef white. Then the great, harm- less creatures had undergone several of their bleedings, and were mo^ang about faint and languid, ^vith looks of dumb de- spair. man, what a monster art thou ! I can not get rid of the impression this sight has left me. . April 25th, Sunday. — I wrote letters as usual to my family this morning. At ten o'clock went to Mr. Wynkoop's lodg- ings, in order to go to the meeting. It blew up cold and be- gan to rain. The clergyman we intended to hear (Dr. Lynn) was sick, so we did not go out, but I sat with him a consider- 248 WYNKOOP FOR ASSUMPTION. [1790 able time. Our chat was on various and trifling subjects : weather, home, farming, and what not. After a pause he broke out with a laugh, saying how fine and. quietly we got over the military establishment; all smooth — not a word of opposition. He expressed great satisfaction, and seemed to manifest that kind of triumph which would follow the per- formance of an arduous task with unexpected facility. Surely the ministerial gentry must have looked for opposition and prepared themselves accordingly ; and my worthy friend must have been of their council, which seems a hard thought, but what am I to believe ? I, however, soon undeceived him with regard to the part I had acted in the Senate, and he looked like a man who unexpectedly finds himself in strange company. April ^6th, Monday. — Attended at the Hall. Mr. "Walker, from Virginia, the gentleman elected in the room of Mr. Grayson, took his seat. The Progress bill, which in fact con- sisted only of one clause continuing the old one to another session, had a second reading. "We did not continue in our seats for more than three quarters of an hour, till King moved an adjournment. Modesty by degrees begins to leave. "We used to stay in the Senate chamber till about two o'clock ,wheth- er we did anything or not, by way of keeping up the appear- ance &i business. But even this we seem to be got over. Dr. Elmer asked me to walk with him. I saw cards handed about the Senate, but this happens so often that I took no notice of it. "When we were in the street the doctor asked me if I had not a card to dine with the President. I told him, with all the indifference I could put on, no, and imme- diately took up some other subject, which I entered upon with eagerness, as if I had hardly noticed his question. This is the second time the Doctor has asked me the same question, so that the President's neglect of me can be no secret. How un- worthy of a great character is such littleness ! He ["Washing- ton] is not aware, however, that he is paying me a compliment that none of his guests can claim. He places me above the influence of a dinner, eren in his own opinion. Perhaps he means it as a punishment for my opposition to court measures. Either way, I care not a fig for it. I certainly feel a pride arising from a consciousness that the greatest man in the world Apeil27] the public CREDITORS OP PHILADELPHIA. 249 has not credit enough with me to influence my conduct in the least. This pride, however, or pei'haps I should call it self- approbation, is the result of my conduct and by no means the motive of it. This I am clear in. I am so very intent on getting Congress away from this < place that I went to see the Philadelphians and concert what was further to be done. I wished to communicate to them the result of my inquiries, and receive their stock of informa- tion on the subject of removal. I had some time ago deter- mined never to call on them any more, but my anxiety on this point made me break through this rule. But the result has made me re-enact my former resolution. I think it best to respect myself. Let this resolution be as a ring on my finger or the shirt on my back ; let>me never be without it. This morning we had snow near two inches deep. It melted as it fell during the fore part of the day, and turned at last to rain. This day Mr. Clymer made his famous speech for throwing away the Western world. A noble sacrifice, truly, to gratify the public creditors of Philadelphia ! Keject territory of an extent of an empire so that it may be out of the power of Congress to oblige the public creditors to take any part of it. This, added to the confiscation of the seventeen shillings six- pence in every pound of alieniated certificates, which virtually belonged to the person who performed the original service and bestowing on it a base speculation, completes the counter- part of villainy to the meritorious soldier on the one hand, and defrauded and betrayed country on the other, whose re- sources are rejected that the debt may become irredeemable and permanent. Ajpril %7ih. — This is a day of no business in the Senate. Before the House formed, Mr. Adams, our Vice-President, came to where I was sitting and told how many late pamphlets he had received from England ; how the subject of the French Kevolution agitated the English polities ; that for his part he despised them all but the production of Mr. Burke, and this same Mr. Burke despised the French Revolution. Bravo, Mr. Adams ! I did not need this trait of your character to know you. 250 PIECES IN THE NEWSPAPERS. [1790 In the evening I called at the post-office on a business of Mr. Zantzingers. Langdon, who lodges nearly opposite, called to me from a window. I went over and had a long discourse with him on the subject of removing Congress. He wants to make the assumption of State debts the condition of it. I was guarded as to any concessions on this subject. He avowed in the most unequivocal manner that consolidation of the dif- ferent governments was his object in the matter ; that per- haps it was against the interests of his State in particular, etc. This morning was snowy and remarkably cold. I have used the cold bath for two mornings past, and, I think, with good effect. I certainly am in better health, and feel a very great improvement of appetite. Perhaps I must be guarded as to this point. The flesh-brush I never omit. The party who went on Long Island Saturday week have most of them repented of it. April ^8th. — This was really a snowy day. The distant hills in the evening were still Mdiite. Even in the town the houses were white till in the afternoon. Three successive snowy days at this time of the year appears extraordinary, indeed. Childs this day published a piece which I contrived to get into his hands. Neither he nor any of the printers here know me to be a writer ; nor will they know it unless the Speaker or General Mulilenberg should blow me ; but even then they do not know me to be the author of more than two or three pieces. As we had nothing to do in the Senate, Carrol moved for a committee to consider what was to be done about Rhode Island, etc. One was accordingly appointed. The Senate adjourned early, on pretense of doing business in committees. I went for a while into the House of Representatives, but, find- ing the debates unimportant, I went to settle some private business, and soon came home, where I remained the rest of the day. In the evening had the satisfaction to receive letters from home up to the 15th instant. All well. April 29th. — Called to see Colonel Gunn. He was mlling to talk, and I had no mind to interrupt him. He spoke freely relating to the barefaced conduct of King and Elsworth in MayI] "TOOLISM." 251 supporting any measure proposed by the Secretaries. Indeed, tlieir toolism is sufficiently evident to everybody. He says the agitating the affair of Ehode Island is only to furnish a pre- text to raise more troops. Be this as it may, that Carrol was only a tool in bringing it forward yesterday was sufficiently evident. Gunn is going to Philadelphia, and I have arranged matters so tliat he will be taken notice of there. No business was done in the Senate but consenting to some nominations sent down yesterday, and the Senators from Vir- ginia laid a resolution on the table for opening the doors of the Senate on the discussion of legislative subjects. April 30th. — A flood of business came up from the Repre- sentatives, but none of it was acted on save the first reading of bills and appointing a committee to confer with them on some point of order or etiqxiette. Mr. Morris spoke to me as to re- pealing the law or that part of the judiciary about holding a District and Circuit Court at Yorktown. I gave as my opinion that it was best to let the other House do it, as they liad in- troduced Yorktown ; and I find Boudinot has this day carried in a bill for this purpose. I hate the whole of the judiciary, n^ and, indeed, made no place at first but Philadelphia for hold- ing the courts. I shall not therefore give them my opposition. If a place is hereafter appointed for holding any Circuit Court, it, perhaps, should be Harrisburg. Senate adjourned over to Monday. May 1st, Sattirday. — This is a day of general moving in New York, being the day on which tlieir leases chiefly expire. It was a finer day than yesterday. I could not forbear the impulse of walking out. I went for Mr. Scott, but he had changed his lodgings and was not to be f oimd. Fell in with "Walker and Parker, of Virginia. They were coming to visit our house. They pressed us so hard for dinner that we con- sented. I had not, however, walked far enough, and went to see Mr. Wynkoop. We got again on the subject of State debt. I never saw a man take so nnich pains not to see a subject. It is, however, now disposed of, at least for this session. I have a letter from Dr. Push. He praises the piece I sent him. Calls it sensible ; owns himself convinced. His 252 HAMILTON'S REPOET IN SENATE. [1790 words [were], " I have erred through ignorance on this sub- ject " [State debts]. With less prudence than integrity I attacked the Secre- tary's [Hamilton's] report the moment it appeared. When the leading feature in it, the assumption of State debts, was car- ried by a majority of five in the committee of the whole Rep- resentatives, I redoubled my efforts against it ; and I really believe that by my endeavors it was finally rejected. I am fully sensible that I staked every particle of credit [popularity] I had in the world on this business, and have been successful. But let me lay my account, never to be thought of for it. Be it so. I have made enemies of all the Secretaries, and all their tools, perhaps of the President of the United States, and Bonny Johnny Adams for the many pieces I have written. With all the pains I have taken to conceal myself [the pieces] must have betrayed me in one shape or other. But I have no enemy in my own bosom. Williamson's coming in, and one of his colleagues, had a considerable effect. Wlien the whole of the North Carolina delegation appeared, it settled the business. The assumjjtion would have completed the pretext for seizing every resource of government and subject of taxation in the Union, so that even the civil list of the respective governments would have to depend on the Federal Treasury. This was the common talk of the Secretary's tools. We could not resist the pressing invitation of Parker and some Virginians to dine with them on turtle. All this is not worth a note, but on the next page are some anecdotes of General Washington. No Virginian can talk on any subject, but the perfection of General Washington interweaves itself into every conversa- tion. Walker had called at his farm [Washington's] as he came through Virginia. It consists of three divisions. The whole contains some ten or fifteen thousand acres. It is under different overseers, who may be styled generals, under whom are grades of subordinate appointments descending down through whites, mulattoes, negroes, horses, cows, sheep, hogs, etc. ; it was hinted all were named. The crops to be put into the different fields, etc., and the hands, horned-cattle, etc., to May 3] WASHINGTON'S FAEM. 253 be used in tillage, pasturing, etc., are arranged in a roster cal- culated for ten years. Tlie Friday of every week is appointed for the overseers, or we will say the brigadier-generals, to make up their returns. Not a day's work but is noted ; what, by whom, and where done ; not a cow calves or a ewe drops* a lamb but it is registered ; deaths, etc., whether accidental or by the hands of the butcher, all minuted. Thus the etiqiiette and arrangement of an army are preserved on his farm. This may truly be called sham-care ; but is it not nature ? "When once the human mind is penetrated by any system, no matter what, it can never disengage itself. Query : Did not the Homan poet understand nature to perfection who makes his heroes marshal their armies of ghosts in the Elysian fields ; and spirits imitate in shadows the copies of their former occupa- tion ? May 2d, Sunday. — The fore part of this day was very pleasant. An east wind blew up and deformed the afternoon. I, however, walked a good deal. I have drunk wine with the Speaker at the rate of about three glasses a day, and I really consider myself worse for it. May be I am mistaken. I will observe for a day or two longer. I bore this day with more impatience and have thought more about my family than any other day since I have been in New York. I wrote as usual to them and sundry other acquaintances. 254 SALAKIBS TO MlNISTKltS. [1790 CHAPTER Yir. SALAKIES AND PENSIONS. May 3d, Monday. — There really was a eoiisiderable deal of business done in the Senate this day, and would have been much more had it not been for an appeal that was made to the Chair for information respecting the salary necessary for au ambassador. Full one half of our time was takeu up in two speeches on the subject of etiquette and expense attending and necessary to constitute the ^'ery essence of an ambassador. The lowest farthing should be three thousand poimds sterling, besides a year's salary at setting out. Much of what he [Adams] said bore the air of the traveler ; in fact, I did not be- lieve him, and, of course, voted iu the face of all his iiifonna- tion. A commitment of the bill was called for, and I was, contrary to my expectations, put on it. Another short bill was conniiitted, which I really suspect is a base job, calculated to make a nest for an individual. The spirit of the last session really was to make offices for men, to provide for indi^•iduals Avithout regarding the public or sparing ex])ense. I fear this spirit is not yet laid. For some time past the Philadelphians had been proposing a weekly dinner. Our former meetings sank into disuse, but they are ]iow very urgent, and this day we began the biisiness. Judge Wilson, being a Pennsylvanian, was, of course, invited. We soon relaxed into conviviality, and,- indeed, something more. We expected something political would be proposed by Fitzsimons, and out it came : " Gentlemen, it is expected of us that we should fix the Governor of Pennsylvania." I introduced some trivial remarks of the weather, etc., a,iid the thing Aras checked for a time. Scott, General Heister, and May 4] PENNSYLVANIAN POLITICS. 255 General Muhlenberg M-ent away. It was now broached seri- ously by Fitzsimons. Morris made a public declaration that he was fully sensible of the honor done him in the present ap- pointment, but if the chair of the Governor fell to liim he would discharge it with impartiality, etc. ; that he considered ' the present Governor as a very improper man, and hoped they would create opposition to him. The Speaker declared him- self in terms of a similar nature. The result -was this, that their friends should determine and that their utmost should be united to keep out Mifflin. Mr. Morris, by way of finishing the business, addressed himself to the Speaker. " May you or I be Governor." There is a prospect of Tench Coxe succeed- ing Duer in the assistaney of the Treasury. His character was spoken of with great asperity by Fitzsimons, Morris, and Wil- son. Clynier rather supported him. We got on the subject of the finances of Pennsylvania. Fitzsimons asserted that our State had drawn between two and three millions of dollars from the Continental Treasury, and that we had not more than four millions substantiated against the Union. I hinted to him that from anything I had seen 'we had not drawn raore than about a million from the Conti- nental Treasury, that Mcholson had rendered accounts to the amount of ten millions, and had stated an unliquidated charge of five millions ; but, I added, let the accoxmt be fairly settled, and if we are really in debt let us pay it. "We sat too long and drauk too much ; but we seemed happy, and parted in good humor. May Jfth, Tuesday. — I felt in some degree the effects of the bad wine I had drunk, for I had a headache. Dressed, hoM'- ever, for the levee. I liad a card yesterday to dine with tlie President of the United States on Thursday. The pet, if he had any on him, has gone off.* A great deal of business was done this day in the Senate in the way of passing and reading bills, but no debate of any consequence. Elsworth manifested some strong traits of ob- stinacy. * Referring to his [Maclay's] not receiving a similar invitation a month before when the President gave a dinner, to which many Senators were invited. 256 COL. ELY'S PENSION. [1790 Went to the levee, made my bows, walked about, turned about, and came out. May Bill, Wednesday. — A great deal of business was done in the Senate, but no debate was entered on. The Ehode Island committee reported. The amount of it was to put that State in a kind of commercial Coventry, to prevent all inter- course with them by the way of trade. I- think the whole business premature. We adjourned early. I went to call on E. H. Lee and Mr. Langdon, both of whom are sick. Mr. Hazard, whom I met in the street, told me Mr. Langdon could not be seen. I called on Lee. Found him better. I now addressed myself to suit the mei-its of a bill, referred to myself and others, for the allowance of forty- iive dollars per month to a Colonel Ely, which, by attending to his accounts in the ofKce of the commissioner for army ac- counts, I find to be a most groundless and unjust charge. A petition of his was referred to the Secretary of War, and the Secretary of War reported in his favor — ^the great Pin on which so much hung. The assumption of the State debts having failed, every other thing that can be thought of Avill be brought forward to increase the volume of the national debt. We already re- jected in the Senate a bill which appeared to me of mischiev- ous conseqiiences touching the communication and half pay and pensions of officers. It is renewed and sent up to us. Baron Steuben is supported in a demand of near six hundred guineas a year. In fact, to overwhelm us with debt is the endeavor of every creat^ire in office, for fear, as there is likely to be no war, that if there shoiild be no debt to be provided for there would be no business for the general government with all their train of ofiicers. Henry, of Maryland, expressed himseK in words full up to the foregoing ideas to me a few days ago, biit I spoiled his communications by expressing a wish of the sooner the hetter. It is remarkable to me at least that he has since that time left his usual seat, Avliich used to be near, and com- monly rambles from one empty seat to another on the opposite side of the House. The Secretaries have had a clear majority in the House of Representatives on every question save the adoption of State debts. They carried this at first, but some May 7] DINNER "WITH "WASHINGTON. ■ 25T publications reminded the gentlemen that there was an election approaching. May 6th. — Little was done in the Senate this day. Two bills came up from the House of Hepresentatives. Agreed to. The E.hode Island committee requested that they might have back their report to amend it. This was complied with. Their amendment amounted to an adjournment, and I joined the committee on the bill for the salaries of ministers plenipoten- tiary, charge d''affaires, etc. I bore my most pointed testi- mony against all this kind of gentry; declared I wished no political connection whatever with any other country what- ever. Our commercial intercourse could be well regulated by consuls, who would cost ixs nothing. All my discourse availed nothing. The whole committee agreed with me that they were unnecessary. Why, then, appoint any or make pro- vision for the appointment of any, for so sure as we make a nest for one the President will be plagued tiU he fills it ? We agreed to the bill as .it stood, but I proposed twice to strike out all about ministers plenipotentiary. Went to dine with the President agreeably to invitation. He seemed in more good humor than I ever saw him, though he was so deaf that I believe he heard little of the conversa- tion. We had ladies, Mrs. Smith, Mrs. Page, and Mrs. White. Their husbands all with them. May 7th, Fridanf. — The ailment called the influenza rages to a great degree all over the city. I feel a dryness and sour- ness of my throat, and a pain and heaviness in my head and flying pains all over my body, so that I had better be as atten- tive as possible to my health. No business of consequence done in the Senate. The members began to straggle about after the minutes were read. I called on the committee who had Ely's bill. We sent for Ely, and heard a peck of stuff from him, too flimsy to impose even on children. He may have rendered service to the sick on Long Island, but it appears that his own emolmixent was his object, and he has had this pretty completely answered already by a generous settlement with tlie State of Connecti- cut. On my return into the Senate chamber one member of it 17 268 THE INCONVENIENCY OF FASHION. [1790 only remained, sitting in a state of ennui. I have remarked liim for some weeks past, and he really affords a striking proof of the inconveniency of being fashionable. Pie set up in a coach abont a month ago, and of conrse must have it come for him to the Hall. But behold how he gets hobbled : the stated hour for the Senate to break up is three, but it often happens that the Senate adjourns a little after twelve, and here a healthy man must sit two or three hours for his coach to take ' him three or four hundred yards. This is highly embarrass- ing, and some excuse must be found for his staying for the car- riage, and he is now lame and stays alone till the carriage comes for him. Thus Folly often fixes her friends. Tench Coxe came this day to town in order (as he said) to enter on the assistancy of the Treasury. He was deeply affect- ed with the literary itch, the cacoethes scribendi. He has persevering industry in an eminent degree. These are the qualities that have recommended him to this appointment. Hamilton sees that the campaign will open against him in the field of publication, and he is providing himself with gladiators of the quill, not only for defense but attack. May 8th. — I felt myself rather indisposed, and stayed at home all this day. Drew a report on the affair of Colonel Ely. Kead and lounged away the day. May 9th, Sunday. — This day I employed, as usual, in writing to my family. I spend my time but miserably in ab- sence from them. I will, however, endeavor to make out of this lesson. Colonel Hartley returned to town this day. "What a strange piece of pomposity this thing is grown ! He is, if possible, more affected and disgusting than ever. He called to see us, but took the Speaker twice out and kept him out with him almost the whole of the time he was on his visit. The State [Pennsylvania] has really a poor bargain of him, and if she can dispose of him at the October sales [elections] she need not care at how low a rate. May 10th, Monday. — Attended the Hall at ten o' clock to hear Colonel Ely's witnesses. He failed in proving the points he had alleged in his favor. "We spent some time while tlie Senate was engaged in business. "When we came in we found them on the Khode Island resolves. The committee had been May 12] COL. ELY'S PENSION. 269 called on to give reasons on which they founded their resoln- tions. Elsworth spoke with great deliberation, often and long, and yet I was not convinced by him. 1 saw I must, if I fol- lowed my judgment, vote against both resolutions. It was, therefore, incumbent on me to give some reasons for my vote. ' I observed that the business was under deliberation in Rhode Island ; that the resolves carried on the face of them a punish- ment for rejection, on the supposition that they would ruin our revenue. Let us first establish the fact against them that an intercourse with them had injured our revenue before we pun- ish them with a prohibition of all intercourse. This resolution I considered premature. The other, for the demand of twenty-seven thousand dol- lars, I considered as equally so. Let the accounts be settled, and Rhode Island has a right to be charged with and has a right to pay her proportion of the price of independence. By the present resolutions the attack comes visibly from us. She is furnished with an apology, and will stand justified to all the world if we should enter into any foreign engagements. This was a day of company at our mess. The strangers were Captain Barry, Colonel Moylan, and Mr. Tench Coxe, now succeeded to the assistancy of the Treasury. I could not help thinking of last Monday, as he sat in one of the seats, whence censure had been thrown on him a week ago. I was too sick to enjoy the company. I could eat but little and drink nothing. Mwy 11th. — The morning, or part of it, spent on the troub- lesome affair of Colonel Ely. The Rhode Island resolutions were taken up. I was twice up against these resolutions. They admitted on all hands that Rhode Island was independ- ent, and did not deny that the measures now taken were meant to force her into an adoption of the Constitution of the United States ; and founded their arguments in our strength and her weakness. I could not help telKng them plainly that this was playing the tyrant to all intents and purposes. I was twice up ; said a good deal, but it answered no purpose whatever. May 12th. — This day, as chairman of the committee on Colonel Ely's bill, I handed in a report which was dead against Colonel Ely. The report stated that Colonel Ely had sub- 260 PARADE OF ST. TAMMANY. [1790 mitted his case to the Legislature in Connecticut ; that they had riiade him what they considered as ample allowance. We had the whole fire of New England on us for this step, but we supported the attack, and finally carried the business hol- low. I would now remark, if I had not done it before, that there is very little candor in New England men. Mr. Morris was in most of the time, and showed a disposition to make away from my side of the question. Surely, I had better keep myself to myself with regard to him. Wingate, though of the committee, behaved dirty on one point ; at least I thought so at the time. It is vain to be wasting paper with tliis sub- ject. Dr. Johnson certainly gave a most improper certificate on this subject, and one part of it was not true, viz., that the reason Colonel Ely had not an allowance in the old Congress was this, not having nine States when there were eleven at the time alluded to. I can not keep some other strange opinions out of my head about him and the report, which can not be found now by Alden, his son-in-law. The money saved by rejecting this bill [is] $2,025, or thereabout. This day exhibited a grotesque scene in the streets of New York. Being the old 1st of May, the Sons of St. Tammany had a grand parade through the town in Indian dresses. De- livered a talk at one of their meeting-houses, and went away to dinner. There seems to be some kind of scheme laid of erecting some kind of order or society under tliis denomina- tion, but it does not seem well digested as yet. The expense of the dresses must have been considerable, and the money iSijd out on clotliing might have dressed a number of their ragged beggars. But the weather is now warm. Joseph Thomas is the name of the man who has the tistics at large — an unsalable book. It is found we may occai^ sionally want such a one. It is tme that heretofore we used to be supplied with this book when we wanted it from Jay's or some other library, biit it was soon found to be convenient^ (for the "Yorkers) that we should take everything off their hands, that they can not otherwise dispose of, even to their insolvent debts. May 13th. — This day was remarkably busy with me, and some singular occui'rences happened. As chairman of the Mat 13] AN EPISODE WITH HAMILTON. 261 committee on the Baron Steuben's bill, I had called on the Commissioner of Army Accomits. He had furnished me with all [the information] in his power. Finding that a resolve had passed the old Congress on the 27tli of September, 1785, giving him [Baron Steuben] seven thousand dollars in full, I , called on Mr. Nousee, the register, for the receipts given by the baron for this sum, which were indorsed on the warrants or warrant given for it. I had first transacted some business of my own. Mr. Nousee was extremely polite and attentive ; took the note or memorandum which I gave him, assured me my request should be complied with, asked when I would have the papers ; followed me to the head of the stairs. As I came down-stairs I told him I wished for them tliis day. He said I should have them. This was ten o'clock. I received between eleven and twelve, at the Hall, a few lines from Mr. Nousee, stating the resolves of Congress : that three warrants had passed for the payments — one four thousand, the other for two, and the last for one thousand dollars ; that the warrants themselves were deposited at the bank for the Secretary among the papers of the late Treasurer until a settlement could take place. I thought there was evasion on the face of this business, but I concluded that, if Mr. Hillegas had lodged his papers at the bank, the key and the care of them must be with some person ; and ofE I went to the bank. I received for answer that some books, papers, or property of that kind, were lodged at the bank by J^r. Hamilton, who had the keys and the care of them. I should have minuted that, as I left the Hall in Wall Street, I passed the Baron ; he on one side and I on the other. I wished to make him a bow, as usual, but such an aspect he wore ! nay, if he had brought all the gloom of the Black For- est from Germany he could not have carried a more somber coimtenance. Just as I came out of the bank-door I met Hamilton, and told him what I wanted. He refused me in pretty stifE terms ; he could 7iot answer for it, to open any gentlemen's papers. I told him I would take unexceptional characters with me— the Speaker of the Eepresentatives. The papers I wanted belonged to the piiblic and to no private gen- -262 AN EPISODE WITH HAMILTON. [1790 tleman whatever, nor woxild it do for him to refuse informa- tion to a committee of Congress. He then said if there was a vote of a committee for it he would get the papers. I told him any member of Congress had a right to any papers in any office whatever; that as chairman of the committee I had promised to procure what papers were necessary. I deemed this necessary, and of eoxirse called for it. He begged for half an hour to consider of it, and he would write me a note on the subject.' I parted with him, telling him I should expect to hear from him in half an hour. He said I should. This was before twelve ; the Senate adjourned at one. I sat half an hour longer waiting for my note, but it came not. I went directly to the Treasury. The warrant to draw my indents was delivered to me with all the pomp of official ceremony. I told young Kuhn that I had further business with the Secretary [Hamilton] ; that he had promised me a note, which was not come to my hands. He returned to me, and desired me to walk into the inner room, or rather to enter the entry into a. room in the other end of the house. I did so, and after being admitted into the sanctum sanotorum I told his Holiness [Hamilton] that he had been good enough to promise me a note winch was not come to my hands. He got up, went out, and left me alone for a considerable time. Came in with yoimg K\ihn with him. But now a new scene opened. Before he went oiit he said the papers I wanted were here. I said, " What, here in the office ? " He said yes. He now asked Kuhn, before me, " Do you know of any box, desk, or any place where Mr. Hil- ligas kept the warrants ?" The young man said yes, the desk in the other room had them, in it ; he added, " If I had them, there was no receipt on them, only ' received the contents.' " Hamilton said the desk was locked and bound around with tape, and Mr. Hilligas had the key in Philadelphia. I ex- pressed great surprise that Mr. Hilligas should lock public papers belonging to the Treasury in his private desk. Hamil- ton affected to believe I must [have] some censure on his con- duct. I repeated what I said, and declared I thought it very strange of Mr. Hilligas to do so, and conchided, " I suppose, then, Mat 14] THE RHODE ISLAND BILL. 263 I must write to Mr. Hilligas for to send over the key before I could see tlie papers." He said I could not get them other- wise ; and by way, I believe, of getting me out of the room, told me to come and see the desk. I walked into the room of the Assistant Secretary, and he there showed me the desk as he said contained the warrants. I need make no comment on all this. I think I have his history complete. A schoolboy should be whipped for such pitiful evasions. I went to see Mr. Meredith, but he was out. Fell in with Mr. Fitzsimons. He talked familiarly with me. I am tired of minuting any more for this day, but I must note part of Mr. Fitzsimons' discourse. These Southern people have a matter much at heart, and it is in my power to oblige them. They fear settlement ; they can not bear it ; they have been negligent of their accounts, and the Eastern people have kept exact accounts of everything (perhaps, and more than every- thing added.) This moment Hartley, fine as a lord, met us and broke off our discourse. Some trifling chat engaged us for a few moments, and Hartley parted from us. I waited for him [Fitzsimons] to take up the discourse again, but he did not. We were approaching tlie Hall, wliere I knew we would part. I began : " They will want you to support them on the discrimination of tonnage, too, against the New England men ; but as they are the people who keep us here, by joining the New England and York votes, I have no objection to see them wliipped with their own rod." He seemed to enjoy this thought and laughed heartily, but the Hall was at hand and the old subject lost. Ma/y llfih. — The business of most importance agitated this day was the Ehode Island bill, which must have had a first reading yesterday when I was out. I contented myself with giving my negative to every particle of it. I knew I could gain no proselytes, and that, as the bill could not be justified on the principles of freedom, law, the Constitution, or any other mode whatever, argument could only end in anger. Mr. Morris was one of the warmest men for it, although he knows well that the only views of the Yorkers are to get two Sena- tors more into the House on whose votes they can reckon on 264 PENNSYLVANIA'S ACCOUNT. [1790 the question of residence. But he miist think the getting [of] Rhode Island is superior to all other considerations. The yeas and nays were called, and now, after the qtiestion was taken, there seemed to be a disposition for argument, and some very remarkable expressions were used. Izard said, ''^ If gentlemen will show us Juno we can acconvpUsh our end iy amy means less arbitrary and tyrannical, I will agree with them." When we came to the clause for demanding twenty-five thousand dollars, Mr. Morris said, " This is the most arbitrary of the whole of it." The nays were Butler, Elmer, Gunn, Henry, Maclay, "Walker, Wyngate-^seven. Yeas: Bassett, Carrol, Dalton, Elsworth, Johnson, Izard, King, Langdon, Morris, Strong, Schuyler, Eead — twelve. This day, to my great joy, a statement of the Pennsylvania accounts came forward — $10,642,4:()3.4:3 specie and $47,010,138 Continental money, liquidated and charged against the United States by our State, and delivered to Mr. "White, the general agent, and receipt taken for it in due time, besides an unhqui- dated claim of five millions specie. I understood this to be the state of our accounts at the beginning of the session ; and so it seems to be considered by all of us ; for Mr. Morris, Mr. Clymer, and Fitzsimons used to harangue on this subject, and cry up that so large an annual interest would be due to Penn- sylvania that she would draw money from the continent to pay her whole civil list, make her roads, build her bridges, and open her canal. I knew that Hamilton Avas fool enough, at one time, to think that he could make the State governments dependent on the General Government for every shilling. I used to oppose all this dream of folly, but all at once the State debts must be assumed. It was demonstrable that this measure would defeat all settlement. Now the very gentlemen who had promised us such reve- nues from the Union cried out : " Burn the books " ; " No set- tlement " ; " Pennsylvania is in debt ; she had drawn from the continent between two and three millions of good dollars and had not substantiated but between four and five millions against the Union." A mutilated account of but about this sum was actually exhibited and handed about by Clymer and Fitzsimons, and an attack begun on the Comptroller about the May 17] BARON STEUBEN'S PENSION. 265 same time, as if to annihilate his repntation, and tnrn him oiit of all employment ; as if it had been foreseen that he was the only one who could detect this management or. obtain justice for the State. 15ih May, Saturday. — Devoted this day, although I was- sick, to the matter of removing to Philadelphia. Mr. Morris entertained me with a long detail of the difficulties he met with in the settlement of his accounts. I believe the clamors against him make the officers inspect everything with a jeal- ous eye. I really acted rather improperly in ranging aboiit so much this day in my bad state of health. Should the effects of my influenza increase, and I fall a victim to my zeal for serving the city of Philadelphia, my character would only suffer ridi- cule, and my dear family the loss of their head. I will, how- ever, do what I think my duty. Called to see the President. Every eye full of tears. His life despaired of. Dr. MacKnight told me he would trifle neither with his own character nor the public expectation ; his danger was imminent, and every reason to expect that the event of his disorder would be unfortunate. May 16th, Simday. — I called on Mr. Morris to advise with him in some points the little scheme we laid. Did not succeed in bringing in Lee, of Virginia, to make our motion. Mr. Morris proposed to me to call on him and walk out of town and catch a dinner. AVe did so, and the day was lost. I had written to my family in the forenoon. I considered the day as lost. !Not a sentiment nor an expression that touched the heart or warmed the bosom with philanthropic feelings or vibrated on the strings of domestic joy. "We dined at one Brannon's, where there were a greenhouse and some elegant improvements, but all was a mere flutter. MoAf 17th, Monda/y. — I was engaged this morning getting docimients and papers respecting the bill for the granting the Baron Steuben seven thousand dollars and an annuity of two thousand dollars. I really never saw so villainous an attempt to rob the public as the system which has been brought for- ward by the Secretary of the Treasury. The baron's whole accounts have been settled on a liberal scale indeed. An office 266 THE RHODE ISLAND BILL. [1790 was created, in addition to Ms rank as a major-general, for wMch he had additional pay and emoluments. Seven thousand dollars over and above were granted to him. All these pay- ments he has received. A mountain has been tortured to put money into his hands. The Secretary [Hamilton] has, how- ever, framed a system which has as the basis of it the allowing him of five hundred and eighty guineas a year* over and above all his emoluments, both as a major-general and inspector- general of the army, and interest calculated up to a compound ratio on all the balances. And, after all, he is not able to raise a balance of more than about seven thousand for the baron. But all this without the shadow of proof of the baron ever having had any such office or salaries. However, if he had ever been possessed of them, he could not have held them and served us at the same time, and, since he chose our service and our pay, we are obliged to him, but we have no right to pay him for what he did not hold. The baron's papers kept us of the committee until after three o'clock, and, this being club day,f I went to dine with the Pennsylvania mess. We sat down to dinner half after three. Eating stopped our mouths until about four, and from that to near nine I never heard such a scene of bestial badney:]: kept up in my life. Mr. Morris is certainly the greatest blackguard in that way I ever heard open a mouth. But let me shut out the remembrance of it forever. May 18th. — No debate of any consequence arose this day until the Rhode Island bill, which had been reconunitted, was reported. »Mr. Lee opposed it in a long and sensible speech. Butler blustered away, but in a loose and desultory manner. King, Elsworth, Strong, and Izard spouted out for it. It was long before there was a slack. As this was to be the last reading, and as the yeas and nays woiild, in my opin- ion, be called, I took what I thought was new ground. The bill had been assigned to various motives, self-defense, self- * Allowing twenty-one English shillings to a guinea, this would be $3,045. f Meaning the day when the Pennsylvania delegation had agreed to dine at one house once every week. X A word, no doubt, in common use at that time. Mat 19] "WORKING FOR THE RESIDENCE. 267 preservation, self-interest, etc. I began with observing that the Convention of Khode Island met in a week ; that the de- sign of this bill was evidently to impress the people of Rhode Island with terror. It was an application to their fears, hop- ing to obtain from them an adoption of the Constitution, a thing despaired of from their own free-will or their judgment. It was meant to be used in the same way that a robber does a dagger or a highwayman a pistol, and to obtain the end desired by putting the party in fear; that where independence was the property of both sides, no end whatever could justify the use of such means in the aggressors. I therefore was against the bill in every point of view, etc. The debate was long. I was up a second time, but to no avail. The question was put at about three o'clock and carried. The yeas and nays were called and stood nearly as before, with the addition of Mr. Lee in the negative. I labored hard to arrange our affairs for bringing on our question of removing to Philadelphia, and can not help re- marking that the Philadelphians seemed the slackest of any people concerned in the business. I appointed, warned, or I know not what well to call it, a meeting of the delegation at Clymer and Fitzsimons' lodgings. Mr. Morris and the Speaker were all that met. The PhiladelpMans really threw cold wa- ter on the business. Mr. Morris twice proposed that it should be the new Congress that was to meet in March next that should assemble in Philadelphia. Once he got on the subject of Trenton. Here he and I rather clipped. I proposed that we should all be busy in the morning among the members. I engaged to call on Gunn, Langdon, and Bassett, and set them to work on others. The form of the resolution was agreed to, but it all seemed up-hill or like a cold drag with the Phila- delphians. I hope one day to be independent of them, but this is a matter I must consult them in now. May 19th. — I ran this morning like a foot-boy from post to pillar — now to Gunn, then to Langdon, Bassett, etc. Lang- don refused to bring forward our motion, and I then called on Bassett. He excused himself. With much ado I got them to keep the motion, which I put into their hands. Neither of them would make the motion. Mr. Morris did not come near 268 WORKING FOR THE RESIDENCE. [1790" the Senate chamber until after twelve o'clock. I called him out. He said it must be omitted this day. I found I need not op- pose him, and we came into the Senate chamber. Langdon soon after came and told us that Dalton objected to going to Philadelphia until March next, and that we must alter the resolution. Mr. Morris and Dalton went together, and Mr. Morris returned and told me he had agreed with Dalton that it should be the first of March next. Thus it is that all our measures are broken in upon, and, after all the pains I have taken, this business will end in smoke. The most villainous and abandoned speculation took place last winter from the Treasury. Some resolutions have passed the House of Representatives, and are come up to us. King and Dr. Johnson and Strong, with many others, opposed these resolutions. In an abandoned and shameless manner this en- gaged the House [Senate] to three o'clock. They were com- mitted, and the House adjourned. General Heister and Mr. Buckley called on us this evening. "We talked over the affair of the day. Mr. Wynkoop came in, and a kind of an agreement was made that the Pennsylvanians should meet to-morrow at Clymer's. May 20th. — I could not attend at Clymer's this morn- ing. I, however, saw the Speaker at the Hall. Some strange manoeuvres have taken place. Jackson, of the President's family,* has been with both Morris and Langdon. Morris is set right, and Dalton will agree with us, but new mischief has happened. Dr. Elmer has crossed to the Jerseys ; Patter- son is not yet come ; Few a;nd Gunn are both absent, so that two States are this day unrepresented. I offered to make the motion. Mr. Morris, however, now makes a point of doing it ; but the thinness of the Senate seems a good reason for putting it off for this day. I can not account for Jackson having meddled in this business, or his knowing anything of it by any other means than through Buckley. However, we have got the errors of yesterday corrected. Mr. Morris was called out, and came in with a most joyous countenance. " I was called out by Boudinot," said he, " to make proposals to * Meaning one of the avowed supporters of the Administration measures. May 21] ON THE PAY OF SOLDIERS. 269 me from tlie New England men in favor of Trenton." I im- mediately told liim [Morris] ; " You can not possibly make any bargain by which you will not lose as much as you can gain. A bargain with the Eastern people is to lose Maryland, Vir- ginia, and all southward. A Southern bargain will, on the contrary, lose all the Eastern interest. "We must be able to declare upon honor that we have no bargain. He was a little hurt and said, " Leave that all to me." " No, sir, I will make no bargain ! If it is but suspected that we have a bargain, we are ruined." I was called out and took the opportunity of calling out Mr. Fitzsimons, and told him of Boudinot's being in treaty with Mr. Morris, and begged him to counteract everything of this kind. He promised that he would. The Senate got into a long debate on the resolves relating to arrears due to the Yirginia and North CaroHna lines of the army in 1782-'83, which have been made the subject of an abandoned speculation. The report had an addition of Els- worth's, calculated as nmch as possible to favor the speculation. It was debated to three o'clock, and adjourned. Elsworth is really a man of ability, and it is truly surpris- ing to me the pains that he will display to varnish over villainy and to give roguery effect without avowed license. I can see him warping over in the case of the baron [Steuben's extra pension case] to get a sum of money on his account, or rather only in his name, which would sink immediately into the jaws of Hamilton and his crew. May 21st. — And now again Elmer iS absent, and Patterson is not returned ; and Mr. Morris thinks the motion had not best be made until they return, so one day more is lost. I spent a good deal of time on the affair of the Baron Steuben, got the report agreed to, and now the debate of the day came on respecting the resolutions,* or rather the amendment offered to the last one. , The amendment was supported by King, Elsworth, Dr. Johnson, Izard, and others. Lee answered them. Toward the end of all the debate I rose and explained the * Relative to the troops of Virginia, North and South Carolina, who were entitled to arrears of pay. 270 ON THE PAY OF SOLDIERS. [1790 reason of the resolves, that they regarded the sums due, the places in which the payments were to be made, and what kind of transfers were to be considered as valid. All. this was di- rectory to our own officer, and had nothing to do with the pro- ceedings of courts. Soldiers had entered into contracts, the resolves before the Chair defaced writings or tore the seals from obligations, and the law was open. The directions were, moreover, in conformity with the laws of North Carolina, one of the States whose citizens were concerned ; that the present amendment was a modification of the resolution to protect the interest of the late speculation. The reason offered for it was that probably some innocent person might suffer. I did not believe this was possible. I would cheerfully agree that it was better ten guilty should escape than one innocent suffer, but no innocent man was privy to this business. The soldiers knew nothing of the matter. The speculators know, and they only know, in whose hands the lists were lodged, for the soldiers, having received their final settlements since the service was performed, concluded that nothing more could remain due, etc. The question was put and the amendment lost — ^ten for, twelve against. The question was now put on the third reso- lution and carried — thirteen and nine. King, however, and a number of gentlemen called for the yeas and nays. Teas: Eassett, Butler, Carrol, Few, Gunn, Hawkins, Johnson, Henry, Lee, Maclay, Eead, "Walker, Wyngate. Nays : Dalton, Elsworth, Johnston, Izard, King, Langdon, Morris, Strong, Schuyler. Now a new whim came into their heads, and they would have the yeas and nays on the former question. They were told that it was out of order. However, they had them, and now Mr. Butler voted for the amendment, lest he should lose his interest at the Treasury, and of course we were tied, eleven and eleven. But for once, in my opinion, our Yice-President voted right, and gave it against the amendment. May ^^c?.— Being Saturday, and no Congress, I got a horse and rode out. Came home about noon, prodigiously tired, in- deed. The little exercise I have taken for the last three or four months makes me almost sink under it. I went to bed and slept about an hour, and rose much refreshed. In the evening a large number of gentlemen called at our May 24] THE PHILOSOPHY OP DRESS. 271 house. My barber had disappointed me in the morning. I was rather in deshabille, but came down-stairs. Although I am not in the least given to dress, yet I found that I was on this occasion below par ; and to know that any point about one is deranged or improperly adjusted, imparts an awkward air to one. It is on this account, more than any other, that a pro- priety of dress should be attended to. To suspect that your company believes anything wrong about you distresses a modest man. Of the company was Mr. Fitzsimons. He took me by the hand and said : " To-morrow, at nine o'clock, I wish to meet you and the Speaker." May 33d. — It was near ten when I was called down on the coming of Fitzsimons. He had been some time with the Speaker. We had considerable loose talk on the subject of the removal of Congress. But Fitzsimons, after some time, de- clared that was not the business on which he came. It was to settle something as to the government of Pennsylvania. Who should be rim for the Chair of it at the next election ? He spoke of the dignity of the Speaker's present place, and the certainty of his continuance in it. It was evident that he wished the^ Speaker to decline.* The Speaker said, " Very well, I will give you an answer to-morrow morning." Nothing remarkable happened this day. I wrote to my dear family, as usual. May 2Ji,th. — I dressed and went early to work. Called on E. H. Lee, of Virginia, on "Walker, and Dr. Ehner. After Senate met I reported the amendment on the Baron Steuben bill. It was the opinion of the committee that he should have an annuity of one thousand dollars. There never was so vile and barefaced a business as this. It is well known that all he would get would immediately sink into the hands of Hamilton. It lay, however, over for to-morrow. Some business came up from the Eepresentatives. And now Mr. Morris rose and made the long-expected mo- tion in the following words : " Besohed, That Congress shall meet and hold their next session in the city of Philadelphia." * The nomination for Governor of Pennsylvania. 272 DEBATE ON THE KESIDBNCE. [1790 Langdon seconded tlie motion. A dead pause ensued. Our Vice-President asked if we were ready for the question. Gen- eral Scliuyler got up and hoped not, as it was a matter of great importance to move the seat of government. He moved a postponement. Mr. Morris said, " If the gentleman will name to-morrow, he had no objection," and to-morrow was accord- ingly named for it. The Senate soon after adjourned, and now Izard, Butler, Dr. Johnson, Schuyler, and King flew about. The people they mostly attacked were Governor Johnston, Hawkins, and Gunn. I soon left them and came home. But this was mess-day, and I went at haK-past three and found the company already seated and the dinner almost eaten up. I could not stay long, as we had an appointment with Jefferson, the Secretary of State, at six o'clock. When I came to the Hall, Jefferson and the rest of the committee were there. Jefferson is a slender man ; has rather the air of stiff- ness in his manner ; his clothes seem too small for liim ; he sits in a lounging manner, on one hip commonly, and with one of his shoulders elevated much above the other ; his face has a sunny aspect ; his whole figure has a loose, shackling air. He had a rambling, vacant look, and nothing of that firm, collected deportment which I expected would dignify the presence of a secretary or minister. I looked for gravity, but a laxity of manner seemed shed about him. He spoke almost without ceasing. But even his discourse partook of his personal de- meanor. It was loose and rambling, and yet he scattered information wherever he went, and some even brilliant senti- ments sparkled from him. The information which he gave us respecting foreign ministers, etc., was all high-spiced. He had been long enough abroad to catch the tone of Euro^n folly. , He gave us a sentiment which seemed rather to savor of quaintness : " It is better to take the highest of the lowest than the lowest of the highest." Translation : " It is better to appoint a charge with a handsome salary than a minister plenipotentiary with a small one." He took his leave, and the committee agreed to strike out the specific sum to be given to any foreign appointment, leaving it to the President to account, and appropriated thirty thousand dollars generally for that purpose. Mat 36] BARON STEUBEN'S PENSION. 273 May 25th. — This day again I was engaged in the main business. Called on sundry of the members. The Yorkers are now busy in the scheme of bargaining with the "Virginians, offering the permanent seat on the Potomac for the temporary one in New York. Butler is their chief agent in this busi- ness. "Walker, a weak man, ^eems taken off by it. Patterson, however, is not yet come. Baron' Steuben's business was taken up. The committee were called on to give the reasons of their report. As I was chairman, I had to take the lead. I knew there was blame ready to fall on lis. I, however, did not decline the business, but laid down the outlines in as strong colors as I thought consistent with truth : that those who came after me might not be bashful, and thus taking scope enough for them to act in. I thought I took many of the Senate with me ; some I knew it was impossible. In fine, I thought demonstration was on our side ; that the baron could demand nothing. Izard is cer- tainly a bad man in grain. He drew conclusions that were obviously wrong, indeed, to his own party. Even Butler dis- owned his reasons ; but he was for doing the same thing with- out a reason. Elsworth got up and spoke exceedingly well for more than an hour. He was severe in some of his strictures, but I was pleased to hear him. The debate lasted until past three o'clock, and an adjournment took place without any question. One object of the delay was to put off our question on the residence. May 26th, Wednesday. — This day may be considered by me as an unlucky one. Last night I rested but poorly, owing, I believe, to a rheumatic fever. My short sliunbers were much interrupted by fanciful appearances of warriors passing by in flights or gliding along. I really have no faith in dreams, but, ever since I was plagued with this kind of fabhng during my distress on board the sloop Swallow, I can not help considering such illusions as unfortmiate. The baron's [Steuben] bill, as it was called, was taken up. Perversion of reason, perversion of principle. The world turned upside down only could justify the determinations. But the cabals of the Secretary [Hamilton] were successful, and the baron's bill was triumphant. I put a question to 18 274 ON THE PERMANENT EESIDBNCE. ( [1790 myself whether there was on the face of the earth a dehbera- tive body that could possibly depart further from the princi- ples of justice and a regard to the public welfare. None, none, answered every faculty about me. But the fact is, that every officer of the Treasury has embarked in this business with the warmth of solicitors. John Adams gave twice the casting vote in this business. I really felt a disposition to take a lamentation over human frailties. But after this was done, Mr. Morris called for his motion. If he really intended to lose it, he could not possibly have taken a more certain method. He rose, laughing heartUy every time he got up. King laughed at him, and he laughed back at King, and a number more joined in the laugh. This was truly ridiculous. Few, Butler, and King rose, and the amount of all they said was that a removal was inconvenient ; that Philadelphia was not central ; if we once got into it we would be accommodated in such a manner that we would never leave it, etc. I replied that a removal was not called for immediately by the resolution ; that the next session of Congress was to meet in Philadelphia ; that, although it was not central, it was more so than the place where we were now. The universal .consent of the provinces, before we were States, and of the States since, was in favor of Philadelphia. This was verified by every public assembly which had been called, from the meet- ing of the first Congress down to the late meeting of the Cin- cinnati ; that the argmnents drawn from the conveniences of Philadelphia, and the insinuations that if we were once there nobody would ever think of going away from it, I thought were reasons which should induce us to embrace this place, which would come so completely Tip to our wishes. I begged gentlemen, however, to be easy on that subject. Philadel- phia was a place they never could get as a permanent residence. The government [of Pennsylvania] neither would nor could part with it. It was nearly equal to one third of tlie State in wealth and population. It was the only port belonging to the State. It was excepted by the Govern- ment in her offers to the Congress ; that in such a place the deliberations of Congress on the subject of tlie perma- May 37] ON THE PERMANENT RESIDENCE. 275-" nent residence could be carried on to tlie greatest advantage, etc., etc. I was up a second time, but to no purpose. A postpone- ment was moved by Butler and seconded by Gunn. For the question of postponement : Strong, Dalton, Johnson, Elsworth^ King, Schuyler, Patterson, Hawkins, Johnston, Butler, Izard, Few, Gimn — ^thirteen. Our side : Langdon, Wyngate, Elmer, Morris, Maclay, Bead, Bassett, Carrol, Henry, Lee, Walker — eleven. May 27th. — Mr. Morris went o£E yesterday in company with King, and I really thought there was too much levity in his conduct all through. I really siispected that he did not treat' the matter with sufficient seriousness. This day he showed a violent disposition of anger, cursed and swore that he would go anywhere, but insisted on withdrawing the mo- tion. I could not readily agree with him as to the propriety of withdrawing the motion, but he swore he would. Butler rose and said he gave notice that he would bring in a bill on Monday next to establish the permanent residence. Mr. Mor- ris jumped up in haste and moved for leave to withdraw his motion. Langdon agreed. There was some demur, but the question was carried. Now the baron's [Steuben's] bill, as we have called it, was taken up. If the fate of the Union had depended on it, it could not have been more pertinaciously adhered to. Elsworth persevered and cut King in argument more severely than ever I heard any member of the Senate heretofore. King felt it, and I confess I enjoyed it. Butler, by one of those eccentric motions for which he is remarkable, flew his party and voted on our side. Good God, what a consternation ! I observed him rising, and said aloud, " It is carried." The whole day was spent in a contest between the Secre- tary^s^Hajmlton] took_and-th64Hdependent part of the House. As the argumentswere nearly the same on every question, it is in vain to repeat them. Bonny Johnny Adams took un- common pains to bias us, without effect. I voted uniformly against allowing him [Baron Steuben] one farthing, as I was convinced nothing was due him. I can not help noting John Adams' foolish speech. In extolling the baron he told us 276 BARON STEUBEN'S SERVICES. [1790 that he (the baron) had imparted to us the arts and principles of war, learned by him in the' only school in the world where they were taught, by the great King of Prussia, who had copied them from the ancient Greek and Roman lessons ; and that, in iine, to these arts and principles we owed our independence. Childish man to tell us this, when many of our sharpest con- flicts and most bloody engagements had terminated fortunate- ly before ever we heard of the baron. Mat 30] THE PERMANENT RESIDENCE. 2YV CHAPTEE VIII. THE PERMANENT EESIDENCE. May 28th. — This day we had expectations that the House of Eepresentatives would have brought on the vote for ad- journment to Philadelphia, but the day passed without any- thing being done. No debate of any consequence in the Sen- ate. I felt exceedingly indisposed in the fore part of the day, and dreaded going into company. The Speaker entertained. I, however, joined them and drank a few glasses, and felt much better ; but I must note how my feelings will be to- morrow. May 29th, Bai/wrda/y.—Qwa. not complain of my health. I stayed in all day. It was raw and inclining to rain ; almost too cold to be vdthout fire. I was dull a,nd heavy. In the evening received a note to dine with Colonel Gunn to-morrow. May 30th, Simday.^-\ rested but badly last night ; had ugly dreams. Am to dine out this day. I had best be careful and attentive. How idle this idea ! Dreams are but fallacious things. I have dined out and have met with no disaster. I had one strange dream of seeing a man fall from a place like a saw-mill. I thought the mill was mine, yet it differed from my mill at Sunbury. What a heap of idleness ! My head ached, hence I suppose my dreams. The man was not killed. A dead child plagued me at another time. I have really little to do, or I would not note all this down. Last night Fitzsimons and Clymer called on us. They agreed to call on Goodhue, Gilman, Huntingdon, and some other of the IN'ew England men, and tell them calmly that the Pennsylvanians would not stay in New York ; that if they of New England woidd persist, in voting for New York, the ^78 ELSWORTH CONTRADICTS JOHK ADAMS. [1790 Pennsylvanians would agree to any other place whatever ; and from here they would go. Fitzsimons and Clymer were ap- pointed for this service. . I readily agreed to join Mr. Morris in a similar service with respect to the Senate. May 31st, Monday. — "Went early out to call on sundry members, and try to prepare them for the grand question. Came to the Hall at the usual time. The bill for intercourse with foreign nations came up from the Representatives with • an insistence. Both Houses having insisted, it remained for us to recede or call for a conference. It ended in a con- ference. A considerable debate, however, or rather dehv- ery of sentiments, took place. Elsworth, in a slow, languid manner, said it was easy to see that the Eepresentatives had in view some old regulations by their insisting on the nine thousand dollars ; that formerly the business had been done by some gentlemen for about six thousand dollars per annum. Mr. Adams jumped up ; said that could not be ; that he had kept the accounts with his own hand at Paris, and they amounted to about three thousand guineas yearly. He had now a vast deal to say. When he had done, Elsworth took a small paper out of his pocket ; said he was very willing to show the document from which he had spoken. Here was an abstract of the accounts of the honorable Yice-President while he was in Paris, and all the particulars for twenty months, amounting to ninety -eight hundred dollars, which was not more than at the rate of six thousand dollars per annum. Adams appeared cut. Tlie fact was, that he was found lying, as they all have been on that subject. Now Butler rose and had a good deal to say on the merits of the permanent residence, and concluded with asking leave to bring in a bill for a permanent and temporary residence. Lee made a long speech. I felt so much interested that I could not Jielp rising. I observed tliat fixing the permanent residence to a future period would work no relief of present inconveniences ; that the complaints were felt and well founded as to the place in which we now were ; that the gentleman had. given notice some days ago that he would offer a bill for the permanent residence. He now added the temporary resi- JuNEl] THE TEMPORARY RESIDENCE. 27/ dence, etc. The end of the matter was, that he delivered us his bill. I could almost curse Mr. Morris for having left me at such a time. JuTie 1st. — I called early this morning on Fitzsimons and Clymer. I told them that, all things considered, I thought it best in me to endeavor to postpone Butler's bill. They botK approved of it. I went to the Hall to observe the members as they came in. Langdon was there. He certainly manifested something which I thought singular in liis manner. If I had not had such strong proofs of him heretofore, I would have suspected him. He desired me to assure the two members of Massachu- setts that there was no bargain with the Virginians. I told him I would do anything he requested, and I did so. The. Senate met. I cons idered myself a s among— wal-ves. wi^_only_neutral cliai;actei:s_to_su^)port_ine^ The Yice-Presi- Sent was hasty enough to take up Butler's bill. Butler abso- lutely spoke against taking it up at all, as he said he was afraid of a difference arising between the two Houses The word " agreed ! " " agreed ! " was heard from different parts of the House. I really felt happy. A message was received from the President, and some other trifling business done. There was some small talk and communications which I did not mind. But all at once the Vice-President began to read the bill [as to the temporary and permanent residence of Congress]. I wished much for some- body else to begin an opposition, and was determined to throw myself along with them, let them mold their attack as they would. Mr. Eead spoke against proceeding on the bill, but made no motion. Butler got up and moved that the bill should be committed. Giinn seconded. Mr. Carrol said there could be no use in committing it. I said that the hon- orable gentleman had set out with declaring that he wished to avoid any differences with the other House. None of us could affect ignorance of what had passed in the House of Pepresentatives yesterday. A vote had passed for the meet- ing of the next session at Philadelphia ; that we might every moment expect our door to be opened for the receipt of such a communication. For us, tlierefpre, to adopt a different 280 THE PENNSYLVANIANS PREPARE TO VOTE. [1790 mode of treating the same subject would have the appearance of courting a difference, etc. Butler got up in reply and said every insulting thing in his power. I had concluded that I thought it best that the bill should lie on the table until the resolution came up [i. e., from the House of Representatives], and that they should be con- sidered at the same time. This took place, after a good deal of talk. It was remarkable that the resolution came up just as Butler began to rail at me. The Senate adjourned early, and soon after in came Mr. Morris, covered with sweat and dust. Jvme 2d. — I went early this morning to meet our delega- tion and to inculcate this doctrine on our Representatives : that in all cases we should be prepared for the worst, and that we should now think of the next step to be taken in case of the worst happening in our House [Senate] ; that a conduct of this kind would keep the matter alive ; keep the party in spirits and collected. They admitted the principle, but seemed at loss for the means. I hinted the propriety of bringing for- ward a resolution naming the day of adjournment and the time of meeting. Fitzsimmons and Morris (all that were pres- ent) seemed to carp at it. However, I told them, " I only urge you to think of and provide your next step." In the course of this short chat with them I had room to remark that I can not be on terms of confidence with these people. A hint was dropped that I had better be at the Hall. I readily agreed, and went there. I could see, as the members came in, that we had nothing to expect from North Carolina, South Carolina, Georgia, nor Massachusetts. The Senate met, and waited and waited for Mr. Morris. I never wished for him more in my life. I saw now that Butler's bill would be committed, and I wished to arrange something of a ticket for the committee. Several of the Sen- ate asked why I did not send for him [Morris]. I went out and desired the doorkeeper to go for him. Mather [the door- keeper] answered, " I have sent for him long ago." It was past twelve before he came, and we now went at the business. (I can not help asking myself in this parenthesis what Mr. Morris could possibly mean by this conduct. Indeed, I ask June 3] THE DIVISION OP STATES. 281 how he can account for his going away last week, or many other parts of his conduct. It is most certainly his interest to take Congress to Philadelphia. Is it possible that Hamilton can have any influence with him on this subject ? ) I could remark something of a partiality in Adams at the setting out — the first question for commitment of Mr. But- ler's bill. It was moved to postpone this, and take up the resolution for holding the next session in Philadelphia. Sen- ate divided, twelve and twelve. J. Adams gave it [the casting vote] against postponement. !Now on the commitment twelve and twelve. J. Adams gave it for it. This division was by States, on both these questions, or at least they divided so. We had New Hampshire, Jersey, Pennsylvania, Delaware, Mary- land, Virginia. The others against us. Now it was that I regretted Mr. Morris' absence. Had he been there in time, I could have settled with him who should have been the com- mittee. Now we could communicate only with our friends on one side of the House. The committee rather unfavorable — Butler, Dalton, Lee, Johnston, and Henry. Now it was moved to refer the resolution [from the House] to the same committee. The Senate divided equally, but Dalton was against it and Patterson for it. As they sat next each other, I believe this was settled between them, and shows that Patterson is not to be depended upon, and, indeed, I have long considered hun as a most despicable character. June 3d. — Attended the Hall at the usual time. I deter- mined to behave in personal deportment as nearly as I p4»ssibly could to my former habits, and I believe I effected it. Of this, however, I could not judge as well as, perhaps, others. Mr. Morris came the last of any of the members this day, but nothing remarkably so ; much earlier than yesterday. I got into chat with him, and after some time remarked how unfor- tunate we had been yesterday in not prearranging a ticket for the committee. I said his absence had been unlucky, but could not now be helped. He said hisaccownU had engaged him, so closely Tie could not come. I thought this stranger than ever, that he should stay away on no other excuse than his daily business. Wyngate, Elmer, almost the whole Senate, 282 THE "GRECIAN BEND" IN 1790. [1790 liave taken notice off.it. How can I avoid observing it, for I have smarted under it ? "No business of consequence took place this day. The nominations for the officers of the army had come in yester- day and were taken np this day. I had made some objections a few days ago to giving my advice and consent to the ap- pointment of men of whom I knew nothing. Izard got on to the same subject and boimced a good deal. However, the thing was got over by the members rising and giving an ac- count of the officers appointed from the different States, and all were agreed to. The Funding bill, which has engaged the Representatives almost the whole session, came up yesterday ; was taken up this day and Monday assigned for it. June 4-th. — This is a day of small consequence in the Sen- ate. I had busied myself nrach last night and this morning in arranging and disposing of matters, but simdry pages would not contain the whole of it, so I will minute only what hap- pened in the Senate. AVe called on the committee to report. Butler e'xcused him- self, and the burden of the excuse was that Governor John- ston, one of the committee, had fallen sick. Mr. Morris moved, and was seconded by Lee, to add another member in his room. This occasioned considerable debate. Head, however, declared against us, and we lost the question. Izard manifested the most illiberal spirit ; asserted in opposition to Lee things that even his own party were ashamed of. I left the Senate cham- ber this day completely sickened at the uncandid and ungentle- manly conduct of the South Carolina men. Few, of Georgia, said some improper things, but I this day was almost alto- gether a hearer. There really was no serious debate. It was nothing but snip-snap and contradiction. Jime 5th. — This was a slack day. I had promised Mrs. Eell to go with her to the Hall [Senate], and I called about ten for that purpose. Mrs. Bell, however, could not go this day, and I found her as finicking and fickle as the finest lady among them, with a bunch of bosom and bulk of cotton that never was warranted by any feminine appearance in nature. She had learned the Ncav York walk to a tittle ; bent forward June 6] ADVANTAGES OF CONGRESS IN PHILADELPHIA. at tlie middle, she walked, as they all do, jnst as if some disa- greeable disorder prevented them from standing erect. Is it ill nature or what that inclines me to assign tliis fashion to a cause of this kind'? I went from her, called on simdry people ; went and sat a long time witli Mr. Morris, and repeated to him all the argu- ments I had made use of on Monday and Tuesday last, when he was absent. One in particiilar he seemed pleased with, drawn from the difference of mileage which would arise to the Treasury of about eleven hundred dollars in favor of a residence in Philadelphia. I desired him to get from the Treasury an account of the expense of removing Congress from Princeton to 'New York. He said he would do it. There seemed really to be more of cordiality in this tete-d-tete which I had with him than any ever I had. I then called on Mr. "Wynkoop. I chatted a good while with him, and had again occasion to observe the blind obedience which he pays to the opinions of his Philadelphia colleagues. Came home, read, and lounged away the day. June 6lh, Simday. — Five months have I been in town this day. Devoted my time to thinking of my family. Wrote letters, read, etc., but did not stir out all day. Remarked something this day : General Muhlenberg talks of visiting Sun- bury, etc. ' I received a letter yesterday from George Logan. He is greatly displeased about the grant to Baron Steuben. This is really a worthy man. I think he holds the first place in point of integrity. He has invited me strongly to caU and see him. I believe I must do so. This old man, the baron, it seems, talks in the most insult- ing manner of the grant which has been made to him, and tells that he must and will have more when a new Coiigress meets, etc. Being at the head of the Cincinnati makes him assume those arrogant airs. 'Tis probable the whole body of them will soon be demanding pensions to support their titles and dignity. The Funding bill, the basis on which speculation has built all her castles, is now to come before us ; and woe to him who says a word in favor of the country. Load the ass ; make the beast of burden bear to the utmost of his abilities. I am really 284 PENNSYLVANIA MESS-DAY. [1790 convinced that many a man has gone into the martial field and acqnitted himseK with gallantry and honor, with less courage and firmness than is necessary to attack this disposition in our Senate. Jvms 7th, Monday. — The Funding law underwent some debate this day. We adopted, by a kind of common consent, a mode somewhat different from former practice respecting it. Supposing ourselves in Committee of the Whole, a parar graph is read, "and the members generally express their senti- ments on it. After every one has given h^s sentiments, it is passed by postponement, with a design to commit it to a special committee. We proceeded about half-way with the bill in this way. The committee on the bill for the permanent residence and the resolution sent up from the Representatives were called on to report, and Butler, their chairman, did so. He read the report, which was a sleeveless thing for the Potomac to be the jDermanent residence, but alleged that the ground was too nar- row to fix the temporary residence. Many desultory things were said, and all went off until to-morrow. This was Pennsylvania mess-day. I was so unwell that I first told Mr. Morris that I could not attend, but I afterward went. We here agreed to send for all the Senators who were friends of moving to Philadelphia. Eleven attended — Vir- ginia, Maryland, Delaware, Pennsylvania, Dr. Elmer, from New Jersey, and New Hampshire. Much desultory discourse was held. Yirginia and Maryland manifested a predilection for the Potomac ; but the final resolutions, in which Yirginia led the way, were as follows : " That as the business of a per- manent residence was brought forward by our enemies evi- dently with a design of dividing us, we would uniformly vote against every plan named for the permanent residence." The Yirginians and Marylanders declared they would vote against the Potomac. Mr. Morris declared he would vote against Germantown and the Falls of the Delaware. The Susquehanna was not publicly named, but of course implied, for Mr. Morris, in enumerating the places to be voted against, named the Poto- mac, Germantown, and the Falls of Trenton. The line of pro- ceeding for to-morrow was agreed to : Mr. Lee to move and Junes] SICK MEMBER CARRIED IN TO VOTE. 285 Langdon to second the postponement of the permanent seat in order to take up the resolution for the next session being held in Philadelphia. If all was lost, let it go down to the House of Eepresentatives for them to originate new measures on it. June 8th, Tuesday. — How shall I describe this day of con- fusion in the Senate ? Mr. Lee laid on the table a report of some additional rules relative to the intercourse between the two Houses. After this he moved that the biU for the per- manent residence of Congress shall be postponed to take up the resolution of the Eepresentatives for adjourning to Phila- delphia. Now it was that Izard flamed and Butler bounced, and both seemed to rage with madness. Mr. Lee's motion was in writing, and they moved a postponement of it. The division was eleven, and the Yice-President gave it against the post- ponement. Now all was hurry and confusion. Izard and 'Butler actually went and brought Governor Johnston with his night-cap on, out of bed, and a bed with him. The bed was deposited in the committee-room. Johnson was brought in a sedan [chair]. Few was weU enough to come without being carried, and we waited half an hour. The vote was taken. We had our eleven and they had thirteen against the resolu- tion. I tliought all was over now ; but no such thing. They must carry their conquest further. In the mean time a mob and noise was about the Hall [Senate] as if it had been a fish-market. The postponed bill and the report of the committee on it were called for. The report was read. The first clause of the report was a resolu- tion that the permanent residence should be now fixed. The question was taken on it and it was negatived. This threw them all in the dumps. The report was, however, lost. But now they would have the bill. They accordingly had it, for they had the most votes, and, although the Senate had decided by a most unequivocal vote that the permanent residence should not be taken into consideration, yet they moved to fill the blank with the Potomac. This was lost — fifteen and nine. Much desultory discourse was now engaged in, and many motions were made of postponement of the bill. Some of 286 PHILADELPHIA PREFERABLE TO NEW YORK. [1790 them were actually carried, and yet tliey still made new mo- tions for the blank to be filled. Baltimore was named. This was lost — seventeen to seven. Wilmington was named. It had only three or four. A motion was made to adjourn. The first was lost. A motion was even made to pass the first clause of the bill with a blank, notwithstanding the absurdity of it, even in the face of a vote that this was an improper time to fix the permanent residence. All, in fact, was confusion and irregularity. A second vote of adjournment was called for and carried. So ended the uproar of the day. John Adams has neither judgment, firmness of mind, nor respectability of deportment to fill the chair of such an assem- bly. Gunn had scolded out a good deal of stuff ; " were we forever to be plagued with a removal, etc. ? " This, I thought, deserved some answer. I went over all the disadvantages of New York, contrasted it with- Philadelphia, and concluded that such inconveniences would always produce such com- plaints and uneasiness, and could not be removed but by taking away the cause. I was listened to, but made no converts. I was up a good while, as I went largely into the business, but I took the same ground which I had before traveled over, the notes of which I sent to Dr. Eush. Just before I rose, I asked Mr. Morris for an estimate of removing Congress from Trenton, which, he had promised to procure. He had nothing of it. I really communicated this matter to him to enable him to make some figure in the de- bate, and if possible to bind him to me by this kind of confi- dential communication. But I have another proof that all ad- vances on my part are in vain. I walked this evening with Mr. Wynkoop. Fell in company with several of the Repre- sentatives, exhorted them all, as much as I possibly could, to unanimity and firmness, and did not fail to recommend to steady perseverance imder the assurance that we would be suc- cessful. Jv/ne 9th. — Attended the Hall at the usual time. The Ehode Island bill had a tliird reading. And now the Fund- ing bill was taken up. "We had passed the clause funding the old Continental money, and left a blank on Monday. I then called it the resurrection of a dead demand against the June 10] EFFECTS OF THE FUNDING BILL. 287 public. Mr. Morris seemed in sentiment witli me. King spoke against the clause altogether. But now the Secretary's report was the text-book, and it must be funded at forty for one. I called the attention of the Senate to the characters who now had this money. Many meritorious persons received it as gold and silver, and still kept it as the monuments of the sacrifices which they made in the cause of America. "Would seventy-five for one, forty for one, or one hundred for one, indemnify such characters ? Would it not be a mockery of their demands ? A time might come, a manner might be thought of for their relief, but this was not, perhaps, the time, nor was it the manner. The other class of individuals who were possessed of it had collected it from the holes and corners after it had ceased to be an object of speculation when it was really worth nothing, and who neither gave value for it nor had any merit in the act of collection. For these humble specula- tors infinitely too much was done. They had no claims in jus- tice. The whole of the Continental money was sunk by de- preciation, a most unequal mode of taxation truly, but an effect- ual one. He that touched it was taxed by it. This was creat- ing a claim. A defunct demand was conjured up against the Union, as if they feared the mass of debt would be too small, though I fear they would find it much larger than we could discharge, etc. • The clause was passed, and we went to the fourth. Mr. Morris moved, in a moment, to strike out the first two alternatives, and blazed away for six per cent on the nominal amount of all public securities. Elsworth answered, want of ability. Mr. Morris made nothing of the whole of it. The broadside of America was able enough for it all. We had property enough, and he was for a land-tax, and if a land- tax were laid there would be money enough. He said many weak things, and was handled closely for them by Elsworth. The debate, loose indeed, and desultory continued until three o'clock. Adjourned. Jwne 10th. — Attended at nine o'clock at the Hall on the bill for making compensation to one John McCord. It was a painful business. His claims do not seem over well founded in point of law or any act of Congress. He is seventy-nine 288 ON STATE DEBTS. [1790 years old, and appears to have suffered deeply in the American cause. "We spent a considerable time on his business. When we came into the House of Representatives, the Funding bill was under consideration. It was passed over without much debate in our cursory way. But now rose Els- worth, and in a long, elaborate discourse recommended the assumption of the State debts. He concluded that he would read his motion, which he said had the approbation of the Secretary of the Treasury. It was verbatim one of Gerry's papers, which had been moved and laid on the Speaker's table in the House of Representatives about a week ago. "We had speakers enough how. Dr. Johnson was somewhat singular in his assertions. He denied there was any such thing as a State debt; they were aU equally the debts of the United States. The day was mostly spent in this business. I rose and took the field which I had several times labored in with my pen. The old acts of Congress settle and assume the balances, etc. A short publication which I wrote, and which by one means or other got into almost all the newspapers, was the basis of it. The Boston men and King talked much of their fears of the consequences, etc. I objected Hancock's speech to one and the divided votes of their Representatives to the other. One of the Massachusetts men now produced instruc- tions from their government authorizing their voting for the measure. I alleged that, if one State instructed, all should in- struct, and perhaps this should be considered as a good reason of postponement until all instructed on the subject, etc. The consideration was postponed until to-morrow. June 11th. — Attended at the Hall on Mx. McCord's biU early. Mr. Morris joined us. "Went in and attended the Funding bill ; the clause for the assumption of the State debts. Mr. Gerry's amendment was negatived. Nine only rose for it. The bill was now committed. The only debate of any consequence was between Elsworth and myself. He set forth in a curious argument that the debts contracted near the seat of Congress were made Federal ; that those at a distance were made State debts, supposing that the authority of Congress was less eificacions. JotbII] on state debts. 289 There really was not a shadow of truth in this. He only adapted his argument to an accidental fact, South Carolina and Massachusetts having the largest State debts. I rose and showed that there really was nothing at all in this matter ; that the origin of some State debts was their adopting the debts due to individuals, which they did by way of paying their requisitions, and got credit for them accordingly. This was the origin of the large State debt of one of them at least. King was obliging enough to get up and tell the House I meant South Carolina, etc. This brought up Butler and Izard, with some degree of warmth. It was a good while before I could, say anything. I, how- ever, avowed and supported all I had said ; that the fact was indubitably so ; that no cejisure was implied in anything I had said ; that South CaroUna had assumed debts due to her citi- zens to the amount of $186,799, and had credit in full of her quota of the requisitions of the 10th of September, 1782. On that account Pennsylvania had paid at the same time $346,632, and Massachusetts a large sum of the said requisition ; that Pennsylvania might have brought forward her State debt and had credit for it in the reqiiisition, but she did not do so, but remained burdened with both her State debt and requisitions, and had done much toward paying both, while South Carolina had paid nothing to either. The committee were : Mr. Lee, Elsworth, Maclay, King, and Patterson. Some little council business was done, and we adjourned. Just as we had ad- journed, Butler wished Carrol joy of a vote being carried in the Repi-esentative chamber for the temporary residence to be in Baltimore. There was some kind of entertainment to which I heard Fitzsimons a few days ago inviting the Speaker. I thought he took him to the door to do it. The Speaker asked me to go with him. I declined it, as well I might. After the Speaker came home I asked him what he had heard Mr. Mor- ris say of the Baltimore vote. He had not made up his mind. I can find he is now scheming and will not vote for Baltimore. I have had a spell of fishing, of which I was the subject; to know whether I would not oppose the Baltimore vote. I saw clearly the person who was set on to do it, and will report to 19 290 PICTUBES OF FIVE SENATORS. [1790 his employerB. I, in all probability, am come to the point that will be seized to tm-n the whole city of Philadelphia against me, but I trust no taint of dishonor will ever stain my conduct. As to consequences, I care not. Jvm^ 12th. — A day of storm and rain. I attended at the Hall at eleven on the Funding bill. The alternatives, as they were called, were the cliief subjects of discussion "lintil near three o'clock. Candor, sit by me while I describe the com- mittee : E. H. Lee, the man who gave independence (in one sense) to America. A man of a clear head and great experience in public business ; certainly ambitious and vainglorious, but his passions seek gratification in serving the public. Elsworth, a man of great faculties and eloquent in debate, but he has taken too much on himself ; he wishes to reconcile the Secretary's [Hamilton's] system to the public opinion and weKare ; but it is too much ; he can not retain the confidence of the people and remain in the good graces of the Secretary. He may lose both. King, plausible and florid. Patterson, more taciturn and lurking in his manner, and yet when he speaks commits himself hastily, A swmmwm jus man. Both lawyers and both equally retained by the Secre- tary [Hamilton]. And now, Billy, what say you of yourself ? lS.o\, overbur- dened either with knowledge or experience, but disposed to make the best of your tools. I objected in general to the bill, disliking funding at all ; was willing to pay as an interim three per cent, and place it on the footing of disability to do more. I objected to fund- ing the interest ; proposed to establish a land-office to sink the ruterest now due, and that indents should be given to all per- sons entitled to them, receivable in that office ; declared that even prodigals abhorred compound interest; that the bill went on this principle, though not in an annual ratio. It was, however, in vain, although I could perceive that I made an impression. There were three alternatives in the Secretary's report. The last was by much the most favorable to the public. Tliis, June 14] CONGRESS "TO GO TO BALTIMORE." 291 liowever, really meant only to try tlie disposition of Congress, and Fitzsimons, wlien he took in his resolutions, contrived to have this rejected and one substituted vastly more fa- vorable to the subscribers. A good ijian could not have done this. I found I could not effect anything on my own plan. I therefore watched and promoted every favorable sentence that fen from Lee and Elsworth. The result of all was, that we struck out all the alternatives and voted a general fund of four per cent. In the evening came Mr. "Wynkoop heyday all wrong ; to go to Baltimore, etc., full 'charged with the permanent seat, etc. I know he had not this of himself. I, however, deliv- ered myself with firmness on the subject, recapitulated the conduct of the Yorkers, etc., showed him (as I thought) that to concur with Baltimore vote was politically right. He found he could make no impression. It was nearly dark when he went away. I followed to the door. He took the way of Queen Street, and the Speaker, who was with me, said he was going to Fitzsimons'. This day changed my last bank bill of fifty dollars. June 13th, Swnday. — This day was very wet. I stayed at home all day in my usual occupation of writing to my dear family, reading, etc. J^me IJfth, Monday. — I left home early and called on the Assistant of the Treasury on McCord's affair. He would not let me tell my business, so keen was he on the subject of pro- posing a bargain to me. Pennsylvania to have the permanent residence on the Susqiieha/wna, and her delegation to vote for the assimiption [of ,State debts]. I constrained my indigna- tion at this proposal with much difficulty within the bounds of decency, and the more so as I knew that, however it might be with him, Hamilton, the principal in this business, was not sincere. I gave him such looks and answers as put an end to this business. I then got my errand settled. Went to Mr. Jefferson's office on Mr. Bailey's affair. Arranged this affair and went down Broad Street. Here I met Mr. Lee. Spoke a few words with him, and passed on to the lodgings of Mr. Carrol. My only business with him was to forewarn him ■^92 SCEEMING IN THE TREASURY. [1790 that an objection would be made to Baltimore that there were no pubHc buildings, and that he should be prepared on this subject. From here I went to Mr. Morris' lodgings. I found him somewhat engaged, but the moment he disposed of a small matter of business he dismissed his clerk ; told me he was just going to look for me, and was fortunate in my coming in. Said he had much to say, but some part of it must be on the most entire confidence ; that on Friday Jackson, of the Presi- dent's family,* in whom he said he could not have some con- fidence, had been at Clymer's and Fitzsimons' lodgings ; that [Tench] Coxe, of the Treasury, had been there ; that their business was to negotiate a bargain : the permanent residence in Pennsylvania for her votes for the assumption, or at least as many votes as would be needful. The burden of their business seemed to be to open the conference with Mr. Hamil- ton on this subject. Mr. Morris continued : " I did not choose to trust them, but wrote a note to Colonel Hamilton that I wrrnlfl he walking; ea rly in' the morning on the Battery, and if Colonel Hamilton had anything to propose to Mm [Moriis] he might meet him there, as if by accident. I went in the morning there, and found him on the sod hefore me." Mr. Hamilton said he wanted one vote in the Senate and five in the House of Representatives ; that he was wilKng and would agree to place the permanent residence of Congress at Ger- mantown or Falls of the Delaware, if he would procure him these votes. Mr. Morris owned that he complied on his part so far as that he agreed to consult some of the Pennsylvania delegation (I abruptly said, " You need not consult me "), but proposed that the temporary residence of Congress in Philadelphia should be the price. They parted on tliis, but were to communicate on the subject again. Mr. Morris and Mr, Fitzsimons made a party oxtt of town and took Mr. Eead with them, yesterday, as the man whose vote they would engage. (Let me here recollect the applica- tion made to me on Saturday night by Mr. Wynkoop. I now * Meaning a supporter of the measures adopted by the Administration. June 14] "SECRET UNDERSTANDING, BAKaAINlNG, ETC." 293 know that he was trying me on that subject, and the Speaker was not much out when he said Wynkoop was gone to Fitz- simons. He should have added, " and Morris.") Mr. Read's answer was what Mr. Morris called poHte : " Gentlemen, I am disposed to facihtate your wishes." But now, this morning, says Mr. Morris, I have received a note' from Colonel Hamilton that he can not think about negotiating about the temporary residence ; that his friends will not hear of it. Mr. Morris added : " I know he has been able to man- age the destruction of the Baltimore vote without me, but I can not yet tell how. I sent for Mr. Bead. He says they have accounts that the Senators from Rhode Island are ap- pointed and expected every moment." But Mr. Morris add- ed, " I think he has some other assurances." I now parted with Mr. Morris and joined the Committee on the Funding bill. The Senate were formed some time before we joined them, and after some of the routine business of the day was done, and the Baltimore resolution handed in, it was called for. Schuyler moved it should be postponed a fortnight. Gov- ernor Johnston, of North Carolina, seconded him. Elsworth got lip ; said this matter mixed itself with all our affairs. There was a secret understanding, a bargaining, that run through all our proceedings, and therefore it ought to be postponed. I retorted his secret understanding, bargaining, etc., on himself. As he knew there were such things, he knew where they arose, and, if they " mixed " with and polluted our pro- ceedings, it was time to put an end to them, which could only be done by deciding the matter, etc. The question was put, and it was the old eleven and thirteen. This was mess-day. I did not join the company until about five o'clock, and stayed until after eight. But, oh, such noise and nonsense! Fitzsimons railed out at one time against Pennsylvania interferences about the assumption of the State debts. Had it not been for these, the funding system would have been completed months ago. He had received letters that stones would be thrown at him in the streets of Philadel- phia if he were there, etc. ^ 294 HAMILTON'S PROPOSITION. [1790 Jwne 15th. — "We finished our observations on the Fund- ing bill, and reported. The whole day was spent in debate on it. I had so often expressed my sentiments respecting the subject of this bill, that I need not set any of them down here. I was not often up. I took at one time some pains to explain the nature of facilities and indents, but no question was taken on any point. All was postponed. Dr. Elmer told me as I left the Hall that he had something to impart to me. Mr. Morris, however, called me aside and told me that he had a communication from Mr. Jefferson of a disposition of having the temporary residence fifteen years in Philadelphia and the permanent residence at Georgetown on the Potomac, and that he (Mr. Morris) had called a meeting of the delegation at six o'clock this evening at our lodging on the business. I was really unwell, and had to lie down the most of the afternoon. The delegation met at six. I was called out. However, when I came in, what passed was repeated to me. Hamilton proposed to give the permanent residence to Penn- sylvania at Grermantown or the Falls of the Delaware, on con- dition of their voting for the assumption. In fact, it was the confidential story of yesterday all over again. Mr. Morris also repeated Mr. Jefferson's story, but I certainly had misunder- stood Mr. Morris at the Hall, for Jefferson vouched for nothing. I have seen no prospect of fixing the permanent residence of Congress at the present session, and whenever it is gone into win be involved in much difficulty. I have, therefore, declared against everything of the kind ; but to continue the temporary residence here, under the promise of the permanent residence being in any part of Pennsylvania, I consider as madness. It was giving them time to fortify and intrench themselves with such systemetic arrangements that we never should get away while the law acted as a tie on us and bound us hand and foot, but gave them all the power and all the opportunity of fixing us permanently in this place. I would rather be under no ob- ligation and keep up an unremitted effort to get away, which I had no doubt would be crowned with success. I know not whether what I said was the reason of it, but these sentiments seemed to be adopted. As to the bargain June 15] HAMILTON'S PROPOSITION. 295 proposed by Hamilton, I spoke of it witli detestation. Mr. Morris now proposed that a paper should be drawn up, with reasons for our conduct, that they might not be able to brand US with any neglect of the interests of Pennsylvania ; and a committee for this purpose was appointed — Mr. Morris, Mr. Fitzsimons, and Mr. Hartley. 296 THE FUNDING BILL. [1790 CHAPTER IX. THE FUKDING BILL. Jwne 16th. — I early called this morning at Colonel Hart- ley's lodgings in order to give him a sketch of what I thought might be well enough for us to sign. He was gone, but I fell in with him at the Hall and delivered it to him. I sauntered about till Congress formed, and now we got at the Funding bill. Here we had all the stufE over again of pub- lie credit, etc. The great question was whether the report of the committee for four per cent should be adopted. I soon committed myself in such sort that I must expect all the pub- lic creditors to be my enemies. The great ground that I took was, that I did not beheve we could impose any direct taxes on our constituents for a purpose which they knew as well as I did ; that the holders of certificates in Pennsylvania had them funded when they were but 2s. &d. on the pound ; that £100 purchased £800 ; that they had drawn interest on the nominal amount for four years, equal to £192. Justice and law allowed them but £124 ; hence they had £68 clear already, and the certificates into the bargain, etc. I was up a long time. Mr. Morris rose against the report. His collar fairly choked him. He apologized to the House that his agitation had deprived him of his recollection on the subject, and he sat down. He rose again some little time be- fore the Senate adjourned, mentioned his late confusion, but declared it did not arise from the personal interest he had in public securities ; that, although he was possessed of some, he was no speculator, etc. I wish he had not made this last apology, for I fear it fixed the matter deeper on him. We spent until past three o'clock, but took no question ; June 17] CONSULS AND VICE-CONSULS. 29 Y and, indeed, it seemed almost agreed that we would not pro- ceed without the other bUl. June 17th. — Spent this morning, before the meeting of the Senate, in calling on Mr. Coxe for the papers in the case of McCord, and at the office of the Secretary of State on Mr. Bailey's affair. The Senate met, and until near two o'clock we were engaged on the subject of consuls and vice-consuls. The grand question was, whether foreigners were eligible to those offices. It was admitted that they were, and a number accordingly appointed. When I came home to dinner, the Speaker told me that a bill was proposed in the House of Kepresentatives for giving them salaries. Thus it is that we are led on, little by Httle, to in- crease the civil list ; to increase the mass of public debt, and, of course, the taxes of the public. This, however, is all of a piece with former management from the offices. The Funding hill was now called for. Butler repeated the same things he had said yesterday. But now up rose Patter- son with a load of notes before him. To follow liim would be to write a pamphlet, for he was up near an hour. Near the beginning he put a question : " What principle shall we adopt to settle this busiuess ? If we follow Justice, sAe says three per cent or eoen two is as much as the holders of certificates can demand. But what says law ? — six per cent," and he was a summumjus man to the end of the chapter. It was near three when he had done. I felt an impatience to attack him, and up I got. At. first exploded a doctrine which he had stated of Congress being a party and the claimants another. I stated the people at large as being the debtors and the holders the creditors, and Con- gress the umpire — the Legislature between them. I then stated his two principles of justice and law ; declared myself an ad- herent of the former. Law was the rule for courts and mag- istrates in the execution of their offices, but justice was our guide, and had been the guide of all just legislation from the Jewish jubilee to the present day ; that even in law it was a maxim that rigid law was rigid injustice. Hence the necessity of courts of chancery expressly for mitigating the severity of unjust contracts. I repeated his own words of "three per 298 THE CASE OF ONE McCORD. [1790 cent — ^perhaps two per cent " being tte voice of Justice. If, then, the point of justice stands at three per cent, or if at two per cent, all beyond that point is injustice to whom ? To the very people whose interests it is our bounden duty to support and protect. I reprobated his position even with acrimony as the Shylock doctrine of " my bond, my bond." June 18th. — "We went early to the Hall, as I was on two committees this morning — the one the case of one Twining, the other McCord's. We spent a considerable space of time on Twining's affair, which to me did not seem a just subject of legislation. I then joined the committee on McCord's case. This was truly one in which Compassion mingled herself with Justice. The generals, Thomson, Irvine, and others, had received effects from him in Canada in the year 1Y76. They gave him a bill which was never paid. The Auditor and Comptroller settled the sum due on this bill, $809. Yl. He had suffered greatly in Canada : had his house burned ; took our Continental money to a considerable amount as specie, which he produced to us- to the amount of $1,200 or $1,300 ; advanced money and goods to many people who now refuse to pay him, and many of them he can not find. All these things are indubitable. I had no difliculty in allowing hiTn the $809. Yl in ready money, in lieu of a certificate, but any- thing more I seemed to feela difficulty in. Lands had been set apart by the old Congress to make compensation for Cana- dian sufferers. "We reported the $809.71, and left a blank for the -value of his lands. The Senate filled the blank with $500. My heart would not let me rise against the motion. Though it is a trifle to his sufferings, yet how many himdreds of our own people suffer equal distress ! Up now came the Funding bill. Butler railed at Els- worth. Elsworth talked back. There really was no enter- tainment. No man ever rambled or talked more at random than Butler. He is ever quoting authors on trade, finance, etc., ever repeating what he has seen in Europe. Tliis day he asserted that the circulating coin of Great Britain was three hundred millions. Authors (if I remember right) place it at about sixteen. There really was nothing new. Some were pressing for the qiiestion, but it was postponed generally. June 20] BARGAINING FOR CONGRESS. 299 I received a letter from Dr. 'Rash and a newspaper con- taining a mutilated publication of the piece which I had sent to him on the subject of Federal residence. He has left out many of what I consider as the best arguments, and very im- properly reduced the arguments drawn from the mileage one half by liis miscalculations. But I really never was served otherwise. This evening Mr. Morris and Mr. Fitzsimons called on us. Hamilton had been with them again. Never had a man a greater propensity for bargaining than Mr. Morris. Hamilton knows this, and is laboring to make a tool of him. He affects to tell Mr. Morris that the ISTew England men will bargain to fix the permanent seat at the Potomac or at Baltimore. Mr. Fitzsimons counted all the members who it was likely would vote for such a measure, and the conclusion was that no such measure could be carried by them. June 19th. — ^Attended at ten o'clock at the Hall on Mr. Twining' s bill. The committee heard aU the witnesses pro- duced. "We then walked to view the demoHtions of Fort George ; the leaden coffins and remains of Lady and Lord BeDamont, now exposed to the sun after an interment of about ninety years. They and many more had been deposited in vaults in a chapel which once stood in the fort. The chapel was burned down about fifty years ago and never rebuilt. The leveling of the fort and digging away the foundations have uncovered the vaults. The talk of the day is the death of one Tilfair, from Georgia, who this morning cut his throat with a razor. A negro boy who waited on him has manifested marks of aston- ishing attachment. 'Tis said he was separated from the dead body by force, and restrained with difficulty from committing violence on himself. June Wth, Sumday. — I spent the most of ,this day at home, finishing some letters; read occasionally. In the evening I went to see Mrs. Bell. She proposed to walk, and offered to come and see Mrs. Muhlenberg. I set out with her, but she knew almost everybody we met. A Mrs. Somebody joined us and made us gad over almost the whole town to visit some- 300 PENALTIES OP ONE TWINING. [1790 body else. We, however, parted with our adventitious com- rade and performed our first tour. This does not deserve notice only for what Mrs. Bell mentioned, as the subject of the removal of Congress from this place was her constant theme. She took occasion to tell me that Mr. Morris was not sincerely attached to the Pennsylvania interest on that subject ; that his commercial arrangements were calculated for this place [New York] ; that the Torkers depended on him, but were lately staggered by an oath which it was said he had sworn that he would have Congress away. I endeavored to persuade myself that Mr. Morris was now in earnest, and the Yorkers would find him so, etc. Yet I had my own thoughts on the subject. Mrs. Eell replied that he may have good reasons now to wish for popularity in Pennsylvania. Jtme ^Ist. — Attended at the Hall early on the bill for re- mitting certain penalties to one N. Twining. The Senate met. I observed a strangeness of disposition in the House the mo- ment, or rather a few moments, after the minutes were read. Patterson moved to adjourn. Schuyler seconded. This was lost. It was now moved to take up the vote of the House of Eepresentatives for fixing the time of adjournment. This was agreed to, and King, Bassett, and "Walker appointed on our part to confer. Izard now rose ; said there was something to put on the minutes, and renewed the motion for adjourn- ment. Seconded by Patterson. This was lost. And now the Funding bill was taken up. We had a great deal of the old ground gone over again. King received a note; rose and moved that the Funding bill should be postponed, as the House of Representatives had negatived the bill for the ways and means. He was seconded by Schuyler. "We had now a long, desultory kind of debate whether the biU should be postponed. It was not postponed. Now the de- bates on the merits of the bill. The question was whether aU the alternatives should be struck out and a fund of four per cent adopted. Adopted ; thirteen for, ten against. Now the question on the striking out of the indents. Elsworth and the New England men knew that Pennsylvania has a number of indents, and the invention of all of them is at work to turn it to her disadvantage. The vote was, however, carried to keep the June 22] PENNSYLVANIA MESS-DAT. 301 indents, since the other 'back interest was to be funded. I bore my testimony in the strongest terms against funding any interest, and proposed to open a land-office as a sinking fund for the whole of the back interest, including the indents, but I found no second. The iuterest of the whole was placed on one footing, almost without a division. Now a long debate ensued about the Jersey payments and a proviso which had been in- serted to favor them. No other question was, however, taken, and the House adjourned a quarter after three. This was mess or club day.* I went and stayed till the fumigation began, alias smoking of cigars, a thing I never could bear. Elsworth made a long, speech, amounting to this : that since a general system of funding could not be obtained, gentlemen would be against all funding whatever. I placed his speech in as strong colors as I could ; that since a party in Congress could not build as they pleased, they would turn and pull all down. There was a majority against the assump- . tion of the State debts and the minority, indignant at being controlled, since they could not rule, would join the discon- tented part of Congress and stop all business. . Adams affects to treat me with all the neglect he can whUe I am speaking, by turning his head a different way, looking sidewise, etc. But I care not. I will endeavor to bear it. June 22d. — I called this morning on General Irwin, who is one of the commissioners for settling accounts between the United States and the individual States, for the amount of the Jersey claims for interest paid by that State on the Continental certificates. Found it to be about half a million. Now attended the committee on Twining's case. Mr. Morris called me aside. (I had yesterday expressed my indignation of the New Eng- land attempt upon Pennsylvania, in excluding, or trying to ex- clude, those indents, which would pass into her hands in con- . sequence of the late funding law, from being funded ; had en- deavored to possess him of the facts to obtain his assistance, and indeed expressed unguarded solicitude on that subject.) He told me this is an important affair respecting the in- * Meaning the day set aside by the Pennsylvania delegation for dining together. 302 THE ASSUMPTION POLITICALLY WRONG. [1790 dents to Pennsylvania. " I would have you think well of it. The New England men are determined to carry it against us. The assumption is the only way we can rid ourselves of this thing. I would have you think of it — think of it." I had to say I will think of it. I felt a little disturbed : not if I knew my own mind with regard to the part I should act, but to think that everything should be set to sale, and that even just measures could not be pursued but by contract, and that men should be hunted into measures. I have often thought myself deficient in readiness of judgment or quickness of determination. Perhaps any man can think more and bet- ter too at twice than at once. I, however, in a few minutes took my seat beside Mr. Morris ; told him that I considered the assumption so politically wrong and productive of so much injustice, that no offer could be made which would induce me to change my mind. I had, however, means of another nature. I could depend nothing on the promises of the !N^ew England men ; but, further, had calculated that the State of New York . was circumstanced nearly in the same way as Pennsylvania with respect to the indents ; and I consider this as the sure pledge that we should not be pushed to extremities on that ground. The result showed that I was right ; for, after a great deal of debate in the House, affairs settled as I would have them. There is a lesson in the matter, and I miist be on my guard with respect to my colleague. Hamilton unhappily has liim in his power with respect to these old accounts, which are still before the Treasury. The bill for establishing the post- office was read the first time. We adjourned early. Mr. Fitzsimons called this afternoon. We had much loose, conversation on the, subject of adjournment. I expressed a wish, the. sooner the better. Fitzsimons said it never would do to go away without funding the debt. Pennsylvania was too deeply interested. She would draw three millions of dol- lars annually from the fimds. I stared, as well I might, for at four per cent she must possess more than the Avhole of the Continental debt to do it, viz., seventy-five millions. He cor- rected himself, and said above fifteen millions woiild belong to her and her citizens. I said this might be. He now got on June 23] PENNSYLVANIA'S ACCOUNTS. 303 the subject of Pennsylvania paying her civil list, etc., with Continental revenue. In fact, this man has no rule of conduct but convenience, and he shifts opinions and sentiments to an- swer occasions. The Speaker walked away with Mr. Fitzsimons. When he returned, I asked him to repeat what Mr. Fitzsimons had said. He [the Speaker] said Mr. Fitzsimons had explained himself in their walk, that the State of Pennsylvania pos- sessed three millions on which she would draw interest, and that the citizens of the State possessed fifteen millions on which they would draw interest. There are more turners than dish-makers ; but in fact none of these things deserve not- ing down. 304 SALABIES FOR AMBASSADORS. [1790 CHAPTEE X. ON THE BESIDENCE OF CONGEESS. June '23d, Wednesday. — This day could not be considered as very important in the Senate. The Funding bUl was called for and postponed. The Intercourse bill, or that for appointing ambassadors, had been referred to a committee of conference so long ago that I had forgotten it, but the thing was neither dead nor sleeping. It was only dressing and friends-making. The re- port increased the salaries and added ten thousand dollars to the appropriations. I concluded they had secured friends enough to support it before they committed it to the House. This turned out to be the case. The whole appropriation was forty thousand dollars, and they were voted with an air of perfect indifference by the affirmants, although I consider the money as worse than thrown away, for I know not a single thing that we have for a minister to do at a single court in Europe. Indeed, the less we have to do Avith them the better. Our business is to pay them what we owe, and the less political connection the better with any European power. It was weU spoken against. I voted against every part of it. We received also a bill for the East Indian trade. Head for the first time. Mr. Morris was often called out. He at last came in and whispered me : " The business is settled at last. Hamilton gives up the temporary residence." I wrote on a slip of paper (as we could not converse freely), "Tj^ Hainilton has his hand m the residence now, he will home his foot in it before the end of the session." I afterward told Mr. Morris that this seeming willingness of Hamilton proceeded from his knowledge that the North Carolina Senators and Colonel Gunn June 34] "JOCKEYING" FOR CONGRESS. 305 could not be restrained from voting for Baltimore, and that the present proposal and bill (for a bill was shown to me by Mr. Morris) were meant to divert the Southern members from Baltimore, and they would finally destroy the bill. I got Henry, of Maryland, into the audience-room and gave him a detail of what was going on, and made the same reflections on it to him. I saw he believed the North Caro- lina men would vote for Baltimore. I find there is a ferment among them, and good may come of it. Paid my lodgings. There are jockeying and bargaining going on respecting which I am not consulted and wljich I hear of only by-the-by : the temporary residence in Philadelphia for fifteen years and the permanent residence on the Potomac. A solemn engagement has been entered into by eleven Senators to push the temporary residence only. On this ground we of Pennsylvania are per- fectly safe, and our interest is to keep this contract alive. If we go from this the temporary residence may remain in New York and the permanent residence to the Potomac. It is a species of robbery to deprive Pennsylvania of the residence. How can a delegate reconcile himself to such a vote unless he confide in future contingency to repair his errors, which is neither safe nor honorable ? June 2^th. — This was a day of small business in the Senate. The report on a bill for remitting fines to one Twining was rejected and the bill confirmed ; contrary, in my opinion, to every idea of justice, for this man had got already from the public upward of two thousand dollars without consideration. Though little business was done in the Senate, yet I ought never to forget this day. In the Senate chamber, Mr. Walker told me that the Pennsylvania delegation had, in a general meeting, agreed to place the permanent residence on the Poto- mac and the temporary residence to remain ten years in Phila- delphia. I answered, I know nothing of any such agreement. No truth was ever better founded. He said Scott had come from the meeting to him. He seemed willing I should take a lead in the business. I heard nothing further on the business. Dr. Elmer and I called on Mr. Morris, and here for the first time I heard him declare he was satisfied with ten years. He 20 306 DISCORD AMONG THE PENNSYLVANIANS. [1790 did not say much to me, but the moment I came home the Speaker attacked me : " Here you have been doing fine things; you have broken the bargain," etc. I denied that I had broken any bargain ; that I never knew of any bargain for ten years being made. Did not General Muhlenberg speak to you^ Tes, on Monday last he bid me teU Mr., Morris that he thought Matthews could not make them agree to more than ten years. I forgot to mention it to him then, but mentioned it to him afterward. He said if we agreed to ten they would propose seven, etc., and declared himseK against listening to any such proposals, "We, how- ever, met in the evening. Bassett and Head, of the Delaware State, came in with Mr. Morris. Dr. Elmer came some time after. I now did the most foolish thing I ever did in my life. I declared that I considered the permanent residence as a matter that ought to belong to Pennsylvania, in what- ever point of view it was considered, geographically or politi- cally ; that to deprive her of it was, in my opinion, a species of robbery; hut, since we came there to consult thepvMie good, I was willing to he governed hy repuhlican ideas, and would stand hy the vote of the inajority, as a house divided agavnst itself could not stand. Mr. Morris now said my arguments were too late. I should have made these objections when the contract was made for fifteen years' residence at Philadelphia. I very freely declared I never entered into any such contract. Mor- ■ ris, Fitzsimons, and the Speaker declared. that I did, and the Speaker reminded me that a committee was appointed. I agreed that a committee was appointed, but it was to draw up our reasons for rejecting Hamilton's proposals ; and that I understood them so would be evident from my sentiments, which I had committed to paper at the time, and which were now in the hands of Colonel Hartley. They all three per. sisted in the charge. Hartley, however, had spirit enough to say there was no such contract. This seemed to cool them a little. But after some time Scott came in. The matter was repeated to him. He declared there was no number of years mentioned at all as any bargain, and, of course, no contract. This made them look a little blue. June 35] THE PURCHASE OF WEST POINT. J 307 I must note that I read tlie sketch which I gave to Hartley to the Speaker, and he approved of it ; and I expressly men- tioned both to him and Colonel Hartley that all that we did respected only what was past. But now the Speaker put the question, " Shall we vote for a bill giving the temporary resi-» dence, ten years, to Philadelphia and the permanent residence to the Potomac ? " They all said yes but myself. I said no, but, imluckily, am bound by my foolish declaration. Good God, deliver me tliis once ! Fate, familiar as her garter, ended the difficulty. But the tale is long, and I had better begin the business of the day on the next page. June ^5th, Friday. — A day of excessive rain. I went to the Hall in the Speaker's carriage at an early hour to attend the committee on the post-office business. I found Mr. Car- rol there. "We had much loose talk. He told me his plan, which was to take Butler's bill, amended so that the residence should be ten years in Philadelphia, at the end of which the permanent residence should be on the Potomac. The first biisiness was the report on what was called Ste- phen Moore's bill. This man is the owner of the land on which the old fort of West Point stands. He is got in debt in town to the amoimt of two thousand or some such sum. He has nothing but the rocks of West Point. The Secretaries of War and Treasury and other influential characters have interested themselves in getting this bill passed to buy the ' land from liim, to pay his debts, under the notion that the ground is necessary for a fortress. Barefaced as this business is, it was carried in the Senate by a great majority. Am I mistaken, or is it the spirit of prodigality broke loose since Ehode Island came in ? Yesterday Twining's base business ; this day Moore's case, and a bill for a claim for one Gould came up. The yeas and nays are on the journals, and, strange to tell, Mr. Morris for once was with me. Mr. Carrol now rose and was seconded by Lee. Izard, Few, ICng, on one side, Carrol and Lee on the other. Butler bounced between both, but declared for the bill and he would be for it. The motion was made to take up the bill. The Vice-President said : " There has been a motion for post- ponement. I do not know whether it has been seconded." 308 THE RHODE ISLAND MEMBERS "INSTRUCTED." [1790 ]^o such thing had happened, but the hint was soon after taken. And now all was consternation and commotion. Out ran King, Schuyler, Izard, and sundry of the Eastern gentry, and in were ushered the Senators from Rhode Island. And now the hinted-for postponement was called for of the bill, which, in fact, had not been taken up. But the new members, just sworn and seated, did not get up. Signs and motions were ineffectual ; they kept their seats, and the bill, of course, was taken up, or, in parliamentary style, not postponed. Izard begged leave to explain, or, in other words, to tell the new-come gentlemen, that they ought to have voted for the postponement. Mr. Adams without any ceremony put the same question over again. King got on one side and Els- worth on the other of the new members and got up with them. Butler, too, after all his declarations, voted for the postpone- ment. It was thirteen and thirteen, and Bonny Johnny voted for the postponement ; and thus the business of the day was got over without much difficulty so far, or at least the knotty parts of it, and thus my neck got out of the noose. Adjourned until Monday. I must note here that a number of our own people were duped in pushing the Ehode Island bill. They are now paid for it. I told them at the time what was intended. They must take what follows. June 26th, Satv/rday. — Attended tliis day on the Commit- tee on the Post-Office bill. The bill came up from the Eepre- sentatives with every post-road described, both main and cross roads. Carrol and Strong were for blotting out every word of description, and leaving all to the Postmaster-General and the President of the United States. I proposed a different plan: that one great post-road should be described by law from Portland, in New Hampshire, to Augusta, in Georgia, passing through the seats of the different governments, and that two cross-roads only should be described from New York to Canada, and from Philadelphia or some other proper place to Fort Pitt, for the accommodation of the "Western country. The other or block system prevailed, but we are to meet again on Monday, at ten o'clock. June 38] BALTIMORE "WANTS CONGRESS. 309 Jxme 27ih, Sunday. — Called on Scott this morning. "Went to walk, but tlie heat was insupportable. Eeturned to my lodgings. Spent the residue of the day in writing letters, reading, etc. June 28th, Monday. — Met at ten on the Post-Ofiice Oom^ mittee, but such running and caballing of the Senators nothing could be done. Stephen Moore's bill the first business. Izard made a long speech, telling how injurious it would he for this mam, if the hill did not pass, etc., and would now let the question be put until the Senate was full. It was carried. Now the Baltimore vote was read. Carrol and Lee moved to postpone it. It was postponed. Carrol now moved to read some representations from Baltimore and Georgetown. This was complied with. Carrol surprised me by taking me out and requesting me to move the insertion of Baltimore for the perinanent residence. Said he wished it to be put and negatived. This had a crooked aspect. I declined it. Izard, however, moved this very thing, and "Walker told me it was expected that he would do it. I called for the amendment proposed on Friday, but Carrol got up and wished the vote on Baltimore. It was negatived. Carrol now got up with the amendments. He surprised lis with his slowness. We wrangled on till nearly three o'clock, calling yeas and nays on almost every question — ^but for these vide the minutes. When we came to the blank for the place of temporary residence — and by the by there was no blank in the amendment which Carrol read on Friday, but he was now suffered by Adams to proceed on the original bill. He evidently waited and paused until Izard moved to fill the blank with New Tork. ISTow we had the warmest debates of the day. Mr. Morris took no part whatever. Langdon and myself were the warmest. The question was put at three o'clock and carried for New York — thirteen to twelve. Colo- nel Gunn has been absent all day^designedly, it is supposed. This day the [Pennsylvania] delegation had invited the Yice- President and the other oflBcers of the General Government to dinner. The Chief-Justice and the Vice-President did not attend. The three Secretaries were with us. The discourse before dinner turned on the manner of doing business in the 310 THE THREE SECRETARIES. [1790 Senate. It was remarked that, as every question of moment was carried only by one majority, or for the most part by the casting vote of the Yice-President, it might be as well to vest the whole senatorial power in the President of the Senate. The fact really is as it was stated. But they did not mention the fact that Hamilton and his New York junto do business on the principles of economy, and do not put themselves to the expense of hiring more than just the number necessary to carry their point. This' is a deplorable truth with respect to our Senate, and certainly is a foul evil at the root of oiu- legis- lation. I could not help making some remarks on our three Sec- retaries. Hamilton has a very boyish, giddy manner, and Scotch-Irish people could well call him a " skite." Jefferson transgresses on the extreme of stiff gentility or lofty gravity. Knox is the easiest man, and has the most dignity of presence. They retired at a decent time, one after another. Knox stayed the longest, as indeed suited his aspect best, being more of a Bacchanalian figure. June 29th. — The Tonnage bill was taken up and committed. This bill uses the same rates of tonnage as the old bill, and why it was brought forward is more than I can say, unless it was solely to employ time. A bill to make compensation to one Gould was also committed. And now the Eesidence bill was taken up. The joy of the Yorkers made them cry out for an adjournment when they had filled one of the blanks. Ifow the other was to be filled with the time of the temporary residence. It was carried for ten years, and Carrol voted for it : thirteen to twelve. But now the question was taken on the clause, and the whole was rejected : sixteen to nine. Now Izard and the adherents of New York showed visible perturbation and bounced at a strange rate. I looked at Carrol, and got him to rise with his clause, ten years for Philadelphia. Why he kept it back so long explains itself. Schuyler and King offered to amend it by dividing the time, five years to each place. Long debates here. The ques- tion was lost : thirteen to thirceen, the Yice-President against. They now moved Baltimore. Lost it : ten to sixteen. Butler June 30] "CONVULSE THE UNION." 311 now moved to stay two years in !N"ew York : thirteen to thir- teen, the Vice-President against. The question was put on the clause : thirteen to thirteen, Vice-President against. So the clause was lost. The question was now put, " Shall the bill pass to a third reading ? " The noes certainly had it, but the House did not divide, and an adjournment obtained before anything more was finished. In the course of King's speech, I noted down the follow- ing words, "convulse the Union," etc. This, as he stated it, would be the effect of removing from New York. In my reply I mentioned the words. He denied that he had used such words. Mr. Morris was the first to cry out that he did not use any such words. From the drift of chaff and feathers it is seen how the wind blows. Mr. Morris did not. rise this day nor yesterday; I might speak or let it alone — ^he has never said one word except giving me the above contradiction. Mr. "Wyngate and sundry other members declared he [King] did use them, but, as he chose to retract, I passed it by as words that had never been spoken. Jwne 30th. — I called early at the Hall. Langdon only there. "Went and paid off my bill for Monday, twenty-eight shillings, the price of a two days' headache. When I came to the Hall, Dr. Elmer told me that Carrol & Co. were using every endeavor to pass the bill to a third reading without any. thing of the temporary residence. Here we certainly had every right to leave them, yet Walker said they would drop Philadelphia if we would not go with them. I am fully satis- fied that they have had an under plot on hand all this time with the Yorkers. Carrol, finding the bill could not be carried to a third reading, moved a reconsideration of the Philadel- phia clause. But he was out of order, not having been of the majority. I passed the word to get Butler to move, as he had been of that side. He did so, after talking almost half an hour. It was reconsidered and adopted, fourteen to twelve, Butler changing his ground. Before we could get a question on the paragraph, they moved the question of five years in New York and five in Philadelphia. Lost : twelve to four- teen. Then to stay two years in New York. This Butler joined them in, and the House stood thirteen and thirteen. 312 ADAMS VOTES FOB PHILADELPHIA. [1790 The Yice-President gave us a long speech on the orderly con- duct, decent behavior of the citizens of New York, especially in the gallery of the other House ; said no people in the world could behave better. I really thought he meant this lavish praise as an indirect censure on the city of Philadelphia, for the papers have teemed with censorious charges of their rude- ness to the members of public bodies. Be that, however, as it may, he declared he would go to Philadelphia without stay- ing a single hour, and gave us his vote. I think it was well he did not know all, for, had he given this vote the other way, the whole would have been lost. The question on the passage to the third reading was carried : fourteen to twelve. Mr. Langdon now moved a reconsideration to strike oiit the loan of the one hundred thousand dollars. A long debate ensued. It was evident his vote would turn it. This I men- tioned to "Walker. We told them, however, that we were with them. But they did what good policy directed. They gave the matter up, and the appropriation was struck out. The question on the bill passing to a third reading was now taken. Carried : fourteen to twelve. I am fully convinced Pennsylvania could do no better. The matter could not be longer delayed. It is, in fact, the interest of the President of the United States that pushes the Potomac. He [Washington], by means of JefEerson, Madison, Carrol, and others, urged the business, and, if we had not closed with these terms, a bargain would have been made for the temporary residence in New York. They have offered to support the Potomac for three years' temporary residence (in New York, I presume), and I am very apprehensive they would have succeeded if it had not been for the Pennsylvania threats that were thrown out of stopping all business if an attempt was made to rob them of both temporary and perma- nent residence. July 1st. — Knowing nothing of immediate consequence, I attended the Hall early. Took a seat in the committee-room. Began an examination of the journals of the old Congress touching some matters before us in committee. Had thus an opportunity at the members as they came in, but such rushing and caballing of the New England men and Yorkers ! JuLTl] KIKG'S LAMENTATIONS. 313 When the minutes were read, King observed that the yeas and nays were not inserted on the motion for staying two years in New York. The Yiee-President and Secretary of the Senate both denied that they were taken^ but I beheved they erred. This, however, I did not consider as much for them. We read the Ehode Island Enumeration [Census] bill. Com- mitted the Settlement bill and one for the regulation of seamen. And now came the residence. Elsworth moved that the extent of the Potomac should be thirty miles above and thirty below Hancocktown. Lost. Second motion, " To insert the lirst Monday in May, instead of first Monday in December, for removal." The yeas and nays equal. And now John Adams gave us one of his pretty speeches. He mentioned many of the argunients for removal, and concluded that jus- tice, poHcy, and even necessity, called for it. Now King took up his lamentations. He sobbed, wiped his eyes, and scolded and railed and accused, first everybody and then nobody, of bargaining, contracting arrangements and engagements that would dissolve the Union. He was called on sharply. He begged pardon, and, blackguard-like, railed again. Butler replied in a 'long, immeaning talk ; repeated that he was sure the honorable gentleman did not mean him ; and yet, if there really was any person to whom King's mys- terious hints would apply, Butler's strange conduct marked him as the most proper object for them. Talk followed talk. It was evident they meant to spend the day. Dr. Johnson cried, " Adjourn ! " " Question ! question ! " re-echoed from different quarters of the House. Few begged leave to move an amendment. It was to restore the appropriation clause. It was lost, and at last we got the question on transmitting the biU to the Eepresentatives — yeas, fourteen ; nays, twelve. As I came from the chamber [Senate], King gave me a look. I replied, " King's Lamentations." " That won't do," said he. When we were down-stairs he turned on me, and said, " Let us now go and receive the congratulations of the city for what we have done." I had heard so much and so many allusions to the hospitality, etc., I thought it no bad time to give both him and them a wipe. " King, for a ses- 314 NEW YORKER'S INHOSPITABLE. [1790 sion of near six months I have passed the threshold of no citi- zen of New York ; I have no wish to commence acquaintance now." He muttered some ejaculation and went o£E. In truth, I never was in so inhospitable a place. The above declaration I thought it not amiss to make, that they may know that I am not insensible of their rudeness ; and, further, that I am quite clear of any obligations to them. Jvly 2d. — Attended the committee on the affair of Gould's bill. There did not appear much animation in the House. That keenness of look and eagerness which marked all our former looks had depa,rted with the residence. Elsworth moved a commitment of the resolution with regard to the State debts. I saw we were taken unawares on this subject. They carried the commitment and the committee both against us. Carrol joined them. We got now at the Indian bill. It was committed, and now we have joined the Post-Office bill and debated on it to the adjournment. "Wyngate told me this day of a violent breach having hap- pened between King and the Massachusetts men. They w»uld not vote for the Potomac, as King wished them to do. Had they joined the Connecticut and York votes, we would have obtained the temporary residence on much worse terms. This is still further proof of what I knew before — ^that there was an under-plot and a negotiation still open between the Poto- mac and- New York. The Speaker told me this day that the assumption [of State debts] would pass. I heard him with grief, and trust I may yet disbelieve him. He dined with the President yesterday. July 3d. — General Irwin called early on me tliis morning. It was to tell me that King and Lawrence had been asserting with great confidence that we had bargained to give the as- sumption of State debts for the residence, etc. ; that I was to go away, and Carrol to vote direct for it, etc. ; that a very great hubbub was raised among the Southern gentlemen, etc. I could only tell him that it was false, and much, indeed, as I wished to see my family, that now home I would not go ; that I would stay, and he was at liberty to say so. I called on Wilhamson as I went to the Hall, and on Hawkins, and told them so. July 5] NEW YORK CHARACTER. 315 These Yorkers are the yilest of people. Their vices have not the palliation of being manly. They resemble bad school- boys v?ho are unfortunate at play : they revenge themselves by telling notorious thumpers. Even the New England men say that King's character is detestable — a perfect canvas for the devil to paint on ; a groundwork void of every virtue. Senate sat until three on the Post-Office bill, but the debates were unimportant. When I came in, the Speaker told me that the York malevo- lence was showing itself in curious caricatures, in ridicule of the Pennsylvanians, etc. July Ifth. — Being Sunday^ was celebrated only by the firing of cannon about noon. I walked to Scott's lodgings. He came home with me. He showed a disposition to go all over the arguments which I had used in the Senate on that subject. I did so with much cheerfulness. Spent the rest of the day in writing letters to my family and others. I called this morning on Mr. Lee, and showed him plainly, as I thought, how we could, by a side-wind in the bill for the settlement of accoimts, give the assumption a decided stroke. I promised I would see him to-morrow. Jukf 5th. — I was detained long before I could get to see Mr. Lee. He had consulted Madison, as he said, and had altered the amendment in point of form. But it certainly was much more obscure. Said he would second the motion if I made it. The Post-Office bill was taken up, and a long debate [fol- lowed] whether the Postmaster should appoint the post-roads or the Congress declare them so by law. It was carried in favor of the Postmaster doing it. A motion was made that Congress should adjourn to wait on the President, with the compliments of the day. Nega- tived. A second motion to adjourn one hour, for the above pur- pose, lost. Some business was done, and a second motion for adjournment was called. All the town was in arms ; grena- diers, light infantry, and artillery passed the Hall, and the firing of cannon and small-arms, with beating of drums, kept all in uproar. This motion was carried, and now all of us 316 WASHINGTON AT CHURCH, [1790 repaired to the President's. "We got some wine, punch, and cakes. From hence we went to St. Patd's, and heard the anni- versary of independence pronounced by a Mr. B. Livingston. The church was crowded. I could not hear him well. Some said it was iine. I could not contradict them. I was in the pew next to General Washington. Part of his family and Senators filled the seats with us. "Was warm, and sweated a good deal. Some say that the Yorkers will make a desperate resistance to-morrow. Others say they will die soft. Jackson gave me this day the President's compliments and an invitation to din- ner on Thursday. July 6] THE SETTLEMENT BILL. 31Y CHAPTEE XI. THE SETTLEMENT AND ASSUMPTION BILLS. July 6th. — ^Was called on early tliis moming by Mr. Hanna, of Harrisburg. A letter from Mr. Harris says my family are well. Attended at the Hall after having paid some visits. The Post-Office bill was passed after some debate. Gould's bill was rejected. I had occasion to be up on both these bills. N"ow came the Settlement bill. Mr. Lee had spoiled my amendment, or at least had greatly obsciired it; but, if I stirred at all, I must use his motion, and, great man as he is, there really was misspelling in it. The ground I -took was that the fifth section of the bill laid down a ratio in conse- quence of which there must, in the nature of things, be credit- or and debtor States. The sixth section told us how the creditor States were to be paid, but not one word was said as to the debtor States. Paying one was as necessary as the other. Justice demanded it. Yide my amendment: "And those States against whom balances shall be found shall have a portion of their State debt, which shall have accrued as afore- said, left charged upon them equal to such deficient balance ; and if it should so happen that the whole State debt of any particular State shall fall short of such balance, such deficiency shall remain charged against such State on the books of the Treasury." I attacked the Secretary's [Hamilton's] system of supposi- titious balances as not only unjust, and a total departure from acts and requisitions of Congress, but as going to lay great taxes and increase the volume of our debt. Elsworth and Strong answered. King admitted every principle which I had laid down, but wavered. Lee seconded, 318 ANXIETY IN THE SENATE, [1790 and forsook me. The child was none of his. I really thought I had the best of the arguments, which grew bulky and by degrees spread over all our fields of finance ; but on the ques- tion I had a small division in favor of the motion. The true history of the bill is that it has been fabricated by the Secretary's people, particularly Fitzsimons, and is meant as a mere delusion or to amuse the public, for they seriously never wish the accoimts to be settled. But a show must be *kept up of giving satisfaction on this point. As to myself, I may draw a lesson from Lee's conduct, to bring forward my own motions only. I spoiled the amendment to obtain his support, and he saw it perish with the indifference of a stranger. July 7th. — Attended at the Hall. Every face bore the marks of anxious expectation. Schuyler came to me and owned the bill for the settlements of accounts was to the full as I had stated it yesterday, and showed me a long amend- ment ; said the bill should.be committed. Wished me to second him. I readily agreed to it, and now we went on the subject of debate. I was not alone, as yesterday. I supported my old system of ascertaining the expenses of the war ; agree- ing to the ratios and fixing the quotas ; giving certificates to the creditor States and leaving the State debts on the debtors, respectively, so far as to equalize the accounts. Elsworth certainly confused himself. He wished to equalize the ac- counts by credits only, taking the lowest exertion as the basis and setting off to each State in proportion to it and funding all over it, as the exertions of some of the States stood nearly at 0. This, in fact, would be funding n,early the whole ex- penses of the war. Butler had a third system, viz., take no notice of anything bygone, but divide the existing debt among the States. I thought it strange to hear my colleague declare for the last opinion. After some very long debate, the bill was com- mitted. The Secretary's [Hamilton's] people got the advantage of us again. A bill which had disappeared a long while, of the- most futile nature, with regard to relieving certain officers from what they considered as a grievance, was reported on JulySJ the settlement bill in the senate. 319 favorably, but rejected. This same bill, or at least one ver- batim the same, had been rejected by us formerly. Some other triiiing business was done, and we adjourned. Sundry questions were taken in the House of Eepresenta- tives on the Kesidence bill. The decisions hitherto have been favorable, but the question on the bill has not yet been taken. July 8th. — This day was slack in the Senate until the re- port came in on the bill for the settlement of the accounts. As might be expected, their amendments followed the Secre- tary's report, or nearly so. It amounted to this: That the net advances of the States should be made an aggregate, and this aggregate divided by the ratio of population which would fix the quotas. Then the quotas, compared with their respect- ive advances, would determine the balances or credit, or turn out just equal. And here it was agreed to leave the matter for the present, as the bill respected the ascertaining the bal- ances only, and left the payment to the creditor States and the payment from the debtor States to the future operation of the Legislature. All this was far short of what I wanted, and indeed the bill will turn out, as I fear, a mere delusion. But under its present form the State debts must be embraced in the accounts, if the commissioners do their duty ; and if so, this will operate as a reason why they should not be assumed. I was called out by Mr. Hanna, who was just setting off home. I wrote a hasty line by him to Charles Biddle that the votes stood this day twenty-eight to thirty-three on the residence. Stayed at the Hall until four o'clock, and went to dine with the President. It was a great dinner, in the usual style, without any remarkable occurrences. Mrs. Washington was the only woman present. I walked from the President's with Mr. Fitzsimons part of the way to his lodgingss He really seemed good-humored and as if he wished to be on good terms with me. Clymer called at our lodgings in the evening, and seemed condescending and good-humored in a remarkable degree, but all in the dumps again about the residence; only thirty real friends to the bill in the House of Eepresentatives, etc. 320 INDIANS NORTHWEST OF THE OHIO. [1790 It is time, indeed, that this business should be settled, for all our affairs are poisoned by it. l^othing can be plainer than the simple mode of debtor and creditor for the settlement of the public accounts of the Union. But the State of South Carolina is most miserably in arrears, and wishes to avoid all settlement, or to have such a partial one as will screen her defects. She has been devoted to N'ew York on the subject of the residence. Therefore New York (or I should rather write, Hamilton) labors inces- santly to confuse, embarrass, and confound all settlement. The thing can not be openly denied, but they wiU involve it in so many difficulties as will either prevent it altogether, or render it useless if it should take place. July 9th. — Attended at the Hall at the usual time. There was much whispering of the members — Elsworth, Strong, and Izard. We had a bill for regiilating the intercourse with the Indians, which has passed — a vile thing which may be made the basis of much expense. Superintendents are to be ap- pointed, although the superintendence of the Indians in the government northwest of the Ohio is already vested in the Governor, and so south of the Ohio. By and by we shall have a call for their salaries. It really seems as if we were to go on making offices until all the Cincinnati are provided for. The Settlement bill engaged us warmly for the most of the day. The object was to find the balances due to the creditor States and how. Ingenuity itself is tortured to find ways and means of increasing the public demands and passing by and rendering the State goverimients insignificant. I declared what I thought plainly on the subject — ^that the biU was one for the settlement hwt not the payment of the respective bal- ances; that the old Confederation clearly contemplated the payment of the balances from the delinquent States to the creditor States ; that every act of the old Government carried this on the face of it ; that, although we could not lay unequal taxes, yet the adoption of the new Constitution did not go to the discharge of just debts due from the States which might be hereafter found debtors, and that Congress certainly had the power of liquidating the balances and making the demands from the debtor States. July 11] SPECULATORS AGAINST WILLIAM MACLAY. 321- Tlie bill, after a long debate, passed on the principle of a Settlement bill only. I find, by letters which I have received, that the public creditors are to be the body who are to rise in judgment against me and try to expel me from the Senate. This is. only what I expected. Nor are they the only ones. The adoption of the new Constitution raised a singular ferment in the minds of men. Every one iU at ease in his finances ; every one out at elbows in his circumstances ; every ambitious man, every one desirous of a short cut to wealth and honors, cast their eyes on the new Constitution as the machine which could be wrought to their purposes, either in the funds of speculation it would afford, the ofiices it would create, or the jobs to be obtained under it. Not one of these has found a patron in me. In fact, I have generally set my face against such pretensions. As such men are generally wanting in vir- tue, their displeasure — nay, their resentment— may be expected. " Wky, you wa/nt nothmg neither for yourself nor friends ! " said a Senator one day to me in some surprise. It was some- what selfish, but I could not help uttering a wish that he could say so with t/ruth of every one. July 10th. — Being Saturday, the Senate did not meet, but I went to the Hall by a kind of instinct created by custom, somewhat like a stage-coach which always performs its tour whether fuU or empty. I met King and Langdon here. "We spent an hour or two in very familiar chat. Nothing worth noting unless it was the declaration of King that a bargain was certainly made on the subject of the residence to obtain at least one vote in the room of his [King's], as it was most likely he would vote against the assumption if the residence went to Philadelphia. I was astonished at King's owning this, which, in fact, amounted to this : that he had engaged his vote for the as- sumption if the residence stayed in New York. July 11th, Sunday. — This was with me a very dull day. I read at home ; wrote the usual letters to my family and other correspondents. After dinner, walked alone out on the commons beyond the Bowery wherever I could find any green grass or get out of the dustj which was very troublesome on the roads. 21 / 322 HAMILTON GETS HIS MAJORITY. [1790 July ISth, Monday. — Attended at the Hall at the usual time. We received two messages from the Representatives, one of them containing the Residence bill. We had consid- erable debate on the Post-Office bill. Insisted on our amend- ments and appointed a committee to confer. Insisted on our amendment to the Indian Intercourse bill, and passed the ton- nage. This bill deserves a remark. This bill is in every respect the same as the old one, bating the remission of some unintentional severities which had fallen on some fishermen and coasters, which were remitted. The taking all the time and passing all the forms of a new bill, would perhaps bear an interpretation as if we feared running out of work. A motion was made for taking up the Funding bill, but withdrawn. No other serious business was gone on. The House adjourned. A number of us gathered in a knot and got on the subject of the assumption, the report of which had just been handed in by Mr. Carrol. It was in favor of it. And now from every appearance Hamilton has got his number made up. He wanted but one vote long ago. The flexible Read was bent for this purpose some time ago, and Carrol having joined to make up the defection of King. The mine is ready to be sprung. Since I am obliged to give up Carrol's political char- acter, I am ready to say, " Who is the just man that doeth right and sinneth not ? " The sum they have reported to be assumed is twenty-one million dollars. This is most indubitably to cover the specular tions that have been made in the State debts. The assumption will immediately raise the value of State securities and enable those people who have plunged themselves over head and ears in those speculations to emerge from impending ruin and se- cure them the wages of speculation. The report is ordered to be printed. After dismissing this subject, we got on the pros- pect of an approaching war between Spain and England. Here was a large field for conjecture, and we indulged our fancies on the subject until near three o'clock. Here I will note down an observation which I wonder never made an impression on the Pennsylvanians. Every July 13] THE ASSUMPTION OF TWENTY-ONE MILLIONS. 323 State is charged with having local views, designs, etc. Could any motive of this kind be justly chargeable on our State in adopting the Constitution ? By our imposts we laid many of the neighboring States under contribution — ^part of Jersey, Delaware, part of Virginia, and almost the whole of the West- ern country. It appears one fourth of the whole impost is received at Philadelphia. This was a great sacrifice. Query : Did our politicians ever think of this advantage ? July 13th, — I attended this day at the Hall at the usual time, or rather sooner. General Schuyler only was before me. Our Yice-President came next. They sat opposite me, and had a long chat on various subjects, but nothing very in- teresting. Mr. Morris came at last. ThaJ"esolution for the assumption of twentyi:one_milliojj.s_ of the State._-debt was taken up. This was perhaps the most disorderly day we ever had in the Senate. Butler was irregu- lar beyond all bearing. Mr. Morris said openly before the Senate was formed, "I am for a six-per-cent fund on the whole, and, if gentlemen will not vote for that, I will vote against the assumption." I thought him only in 'sport. But he three times in Senate openly avowed the same thing, de- claring he was in judgment for the assumption, but, if gentle- men would not vote for six per cent, he would vote against the assumption and the whole Funding bill. His adding the Fund- ing bill along with it in the last instance operated as some kind of palliation. But I really was struck with astonishment to hear him ofEer his vote for sale in so unreserved a manner. Izard got up and attacked him with asperity. Mr. Morris rose in opposition. Then Izard declared he did not mean Mr. Mor- ris, so much did he fear the loss of his vote. But his invective was inapplicable to anybody else. I was twice up and bore my most pointed testimony against the assumption. It was insuring a certain debt on uncertain principles. The certain effect was the incurring and increasing our debt by twenty-one millions by mere conjecture. This debt was already funded by the States, and was in train of payment. Why not settle and let us see how the ac- count stands before the States are discharged of their State debts ? I alleged the funds on which these debts were charged 324 THE ASSUMPTION OP TWENTY-ONE MILLIONS. [1790 by the States were tliose which, these States could pay with the greatest facility, as every State had facilities of this kind. The transferring the debt to any general fund would lose these local advantages. It was dealing in the dark ; we had no au- thentic evidence of these debts. If it was meant as an experi- ment how far people would bear taxation, it was a dangerous one. I had no notion of drilling the people to a service of this kind, etc. But I can not pretend to write all I said. Mr. Morris has twice this day told me what great disturb- ances there would be in Pennsylvania if six per cent was not carried. I considered these things as threats thrown out against my reappointment [to the Senate]. But, be it so ; so help me God, I mean not to alter one tittle ! I am firmly determined to act without any regard to consequences of this kind. Every legislator ought to regard himself as immortal. July Ufth. — This day the resolutions on the assumption were taken up. I am so sick and so vexed with this angry subject that I hate to commit anything to writing respecting it. I will, however, seal one of the copies of it in this book as a monument of political absurdity.* f [The Assumption Bill — Copy.] Congress of the United States — in Senate, July the ISth, 1790. The committee appointed July the 2d, 1790, reported as follows : Whereas, A provision for the debt of the respective States by the United States would be greatly conducive to an orderly, economical, and efieetual arrangement of the public finances ; would tend to an equal distribution of burthens among the citizens of the several States ; would promote more general justice to the different classes of public creditors, and would serve to give stability to public credit ; and Whereas, The said debts having been effectually contracted in the prose- cution of the late war, it is just that such provision should be made : Resolved, That a loan be proposed to the amount of twenty-one millions of dollars, and that the subscriptions to the said loan be received at' the same time and places, by the same persons, and upon the same terms as in respect to the loans which may be possessed concerning the domestic debt of the United States, subject to the exceptions and qualifications hereafter mentioned. And the sums which shall be subscribed to the said loan shall be payable in the principal and interest of the certificates or notes which, prior to the first day of January last, were issued by the respective States as acknowledgments or evidences of debts by them respectively owing," and which shall appear by oath or affirmation (as the case may be) to have been the property of an individual or individuals or body politic, other than a July 14] THE ASSUMPTION BILL. 325 It has friends enough — fourteen to twelve — so far, but I am not without hopes of destroying it to-morrow. I am now convinced that there must have been something in the way of the bargain, as King alleged on Saturday. It must have been managed with Butler. Elsworth at one time this day used the following words : " No man contemplated a final liquidation of the accounts between the United States and the individual States as practicable or probable." I took them down and showed them to Mr. Morris and Mr. "Walker. He observed me, and after some time got up and, in the course of speaking, said, " A settlement was practicable, and we must have it." State, on the said first day of January last. Provided, that no greater sum shall be received in the certificates of any State than as follows. That is to say : In those of New Hampshire $300,000 In those of Massachusetts 4,000,000 In those of Rhode Island and Providence Plantations. . . 300,000 In those of Connecticut 1,600,000 In those of New York 1,200,000 In those of New Jersey. 800,000 In those of Pennsylvania 2,200,000 In those of Delaware 200,000 In those of Maryland 800,000 In those of Virginia 3,200,000 In those of North Carolina 2,300,000 In those of South Carolina 4,000,000 In those of Georgia 300,000 $21,000,000 And provided that no such certificate shall be received which, from the tenor thereof or from any public record, act, or document, shall appear or can be ascertained to have been issued for any purpose other than compensa- tions and expenditures for service or supplies toward the prosecution of the late war, and the defense of the United States or some part thereof during the same. Reaolved, That the interest upon the certificates which shall be received in payment of the sums subscribed toward the said loans shall be computed to the last day of the year one thousand seven hundred and ninety-one in- clusively, and the interest upon the stock, which shall be created by virtue of the said loan, shall commence or begin to accrue on the first day of the year one thousand seven hundred and ninety-two, and shall be payable quarter-yearly, at the same time and in like manner as the interest on the stock to be created by virtue of the loan that they may possess in the do- mestic debt of the United States. Resolved, That if the whole sum allowed to be subscribed in the debt or certificates of any State as aforesaid shall not be subscribed within the time for that purpose limited, such State shall be entitled to receive, and shall 326 THE ASSUMPTION BILL. [1790 He will absolutely say anything, nor can I believe tbat he has a particle of principle in his composition. Mr. Morris, Langdon, and others, moved to strike out the third section. "We of the opposition joined Elsworth and kept it in. The State of Pennsylvania has not but about one mill- ion of existing State debt. This clause, if the vile bill must pass, may be considered as in her favor, more especially if they prevail and prevent a settlement of the accounts. I saw Mr. Pettit yesterday at the levee, and, as I was ad- A'ised by letter that he was appointed agent for the settlement of the Pennsylvania accounts with the Union, I waited on him with great joy, hoping for much information on the subject. But what disappointment !. He could tell me nothing about them, but came here to gain information and return back again ; seemed to speak rather unfriendly of the Comptroller as to what he had done about the accounts. This surprised me. He quitted the subject with impatience, and attacked me rather with rudeness on the subject of the pubhc debts. I have heard him spoken of as smooth, artful, and insinuating. receive from the United States, at the rate of four per cent per annum upon so much of the said sum as shall not have been subscribed, in trust for the non-subscribing creditors of such State, to be paid in like manner as the in- terest on the Stock which may be created by virtue of the said loan, and to continue until there shall be a settlement of accounts between the United States and the individual States, and in case a balance shall then appear in favor of such State, until provision shall be made for the said balance. But as certain States have respectively issued their own certificates, in exchange for those of the United States, whereby it might happen that in- terest might be twice payable on the same suma< Resolved, That the payment of interest, whether to States or to indi- viduals, in respect to the debt of any State, by which such exchange shall have been made, shall be suspended until it shall appear to the satisfaction of the Secretary of the Treasury that certificates issued for that purpose, by such State, have been re-exchanged or redeemed, or until those which shall not have been exchanged or redeemed shall be surrendered to the United States. And it is further Resolved, That the faith of the United States be, and the same is hereby pledged to make like provision for the payment of interest on the account of the stock arising from subscriptions to the said loan, with the provision which shall be made touching the loan that may be proposed in the domestic debt of the United States ; and so much of the debt of each State as shall be subscribed to the said fund shall be charged against such State, in account with the United States. July 15] "EIGHTY POUNDS FOR THREE POUNDS." 32T He certainly displayed none of these qualities, and, as to the public accounts, he seems rather as an agent for the public creditors, and talked of the settlement as a very distant object. He teased me to tell him who were the principal holders of certificates in Boston, Ifewport, New York, etc., declaring that he wished to correspond with them, and unite with them in the common cause. I can not help regarding him as the curse of Pennsylvania. For some time after the war certificates were sold as low as ninepence on the pound. John Eay, my old servant, told me that he sold one of eighty pounds for three pounds, and could get no more. But it appears, by a remonstrance of the Executive Council of the Legislature of Pennsylvania, entered on their minutes, that the market price was two shillings sixpence on the pound at the time of passing the funding law. Yet, by the instrumentality of this man on a weak (and in some cases interested) Legislature, six per cent was given on the certificates, or forty-eight per cent on the real specie value. This Pennsylvania paid for four years. As the certifi- cates were generally below two shillings sixpence, it is no ex- aggeration to say every speculator doubled his money in four years, and still has the certificates on which he expects forty- eight per cent with respect to the original cost. Thus one hundred pounds specie bought eight hundred pounds in certifi- cates (perhaps much more). These certificates brought forty- eight pounds per annum for four years, equaling one hundred and ninety-two pounds, and the holders of certificates remain as clamorous as ever. July 15th. — The business of the Senate was soon done this day. The Vice-President took up the Funding bill without any call for it. Mr. Morris appeared in high good humor ; asked me if anybody had taken me aside to communicate any- thing to me. I told him no. But it was easy to observe that something was going on. He said there was, but did not tell me what it was, nor did he affect to know. I saw Carrol writing a ticket with a number of names on it, sand,* and put it by. In the mean time up rose Elsworth and moved that * They used sand in those days instead of blotting-paper. 328 DEBATE ON THE ASSUMPTION. [1790 both the Funding bill and the resolutions for the assumption should be referred to a committee. He was seconded soon. Lee rose ; said we knew no good could come from a commit- ment. Mr. Morris rose ; said he was for the commitment ; that they might be made in one law, and the rate of interest lixed at six per cent. I rose ; said I knew of but two ends generally proposed by commitment — the one was to gain in- formation, the other to arrange principles agreed on. The first was out of the question ; the second only could be the object ; but what was the material to be arranged ? A bill originated in the other House, and resolves on the assumption which had originated in this. I knew the opinion of many of the Representatives was opposed to our power of originating anything relating to the subject of the public debts. Taking two so dissimilar objects together, more especially if our pow- ers were called in question, was the way to lose both. Gentle- men hoped much good from this measure. I wish they might not be disappointed ; but I was not certain of anything but delay, which, in our present circumstances, I considered as an evil, etc. The Vice-President, who was to appearance in the secret, seemed impatient until I had done, and putting the question it was carried. The E were all the six-per-cent men and all the assumption men. They carried the committee, all of their own ntimber. This done, the Senate adjourned. Henry came and sat beside me a good while. He told me that Carrol wrote his ticket with the seven names (that being the number of the committee) before any business whatever was done. This I had observed in part myself. We did not need this demonstration to prove that the whole business was prearranged, nor can any person be now at a loss to discover that all three subjects — residence, assumption, and the funds equivalent to six per cent — were all bargained and contracted for on the principle of mutual accommodation for private in- terest. The President of the United States has (in my opinion) had a great influence in this business. The game was played by him and his adherents of Virginia and Maryland, between New York and Philadelphia, to give one of those places the July 16] APPROPRIATION FOR INDIAN TREATIES. 329 temporary residence, but the permanent residence on the Po- tomac. I found a demonstration that this was the case, and that [New] York would have accepted of the temporary resi- dence if we did not. But I did not then see so clearly that the abominations of the funding system and the assumption were so intimately connected with it. Alas, that the affection — ^nay, almost adoration — of the people should meet so un- worthy a return ! Here are their best interests sacrificed to the vain whim of fixing Congress and a great commercial town (so opposite to the genius of the Southern planter) on the Po- tomac, and the President has become, in the hands of Hamil- ton, the dishclout of every dirty speculation, as his name goes to wipe away blame and silence all murmuring. July 16th. — Senate had not been formed but a few min- utes when a message from the President of the United States was announced. It was Lear, and the signature of the Presi- dent to the Residence bill was the communication. The Pension bill came up from the House of Eepresenta- tives. The committee on the Indian bill reported that twenty thousand dollars, in addition to seven thousand in the hands of the Secretary of War and six thousand in Georgia, in goods, should be granted for the holding treaties with the Indians ; and all this when there does not appear a shadow of reason for holding a treaty at all with any Indians whatever. Opposition was in vain. It was carried. Now Mr. Morris came, raging angry ; said and swore he would vote against everything. The committee had agreed to the Secretary's third alternative for the principal and three per cent on the interest due, and he had left them. The re- port came in after some time and it was proceeded on. I whispered to Mr. Morris, now he had got the residence, it was our province to guard the Union and promote the strength of the Union by every means in our power, otherwise our prize would be a blank. I told him I would move a postponement of the business and I would wish a meeting of the delegation this evening. He assented. A vast deal was said on the subject of the contract and breach of obligation. Then I rose and stated that I had no difficulty on that head ; that we stood here as legislators. 330 SPECULATORS VERSUS ORIGINAL HOLDERS. [1790 Judges and executive officers were bound to observe laws and contracts ; but justice was the great rule which we should gov- ern our conduct by. The holder of the certificate called, " Do me justice." But the original performer of the service, who sold it for one eighth part of the nominal value, and on whom the tax to make it good is about to fall, cries, " Do me justice also." Both sides of this picture ought to be viewed and their relative numbers to each other. No guess can be made in this matter, but by comparing the number of speculators with the number of those who had sold, and perhaps the ratio would not be one to one himdred. It was also true there was a class of men, the original holders, who were not embraced in the above description ; but if we cast our eye over the calami- ties of the late war they would appear to be the fortunate char- acters. All the others who touched Continental money were taxed by it, and it finally sunk in their hands. The original holders have, if not the whole value, at least something to show, etc. I hoped for the progress of the public business, and that a short postponement would perhaps bring us nearer together and moved for to-morrow ; but it was not carried. The report was pushed with violence and all carried, twenty members rising for it, four only sat, two going out. The Vice- President said twenty for, four against. When they came to the part for ingrafting the assumption resolves on the bill, Mr. Lee, with what assistance I gave him, retarded the biisi- ness a little. When I spoke I endeavored to narrow the ground a little, and spoke solely to the question of combining the assumption with the Funding bill. The Funding bill was to provide for the domestic debt which floated at large, and was at this time in no train of payment. The propriety of paying the foreign and domestic debt was admitted by every person. It was really the business which brought us together. But here we must not pass it, unless we tack it to another, which we considered as a politi- cal absurdity. This was contradicting the spirit of free legis- lation. Every subject ought to hang on its own merits. It was offering violence to our understandings. I said a good deal on the subject, and could not restrain myself from going July 17] A CALL ON DR. WILLIAMSON. 331 into the merits of the assumption. But I might as well have poured out speech on senseless stocks or stones. It was carried against us, fifteen to eleven. A committee was immediately appointed to make the arrangements. We adjourned. I came down-stairs, and all the speculators, both of the Representatives and city, were about the iron rails. Ames and Sedgwick were conspicuous among them. The Secretary [Hamilton] and his group of speculators are at last, in a de- gree, trimnphant. His gladiators, with the influence that has arisen from six dollars per day,* have wasted us months in this place. But I can not see that I can do any further good here, and I think I had better go home. Everything, even to the naming of a committee, is prearranged by Hamilton and his group of speculators. I can not even find a single member to condole in sincerity with me over the political calamities of my country. Let me deliver myself from the society of such men, for I verily believe the sun never shone on a more abandoned composition of political characters. July 17th. — Having some leisure this morning, I called on Dr. Williamson and told him my intention of going home. He got into a long tale of his settling his children in Phila- delphia and taking a more Northern position for his family than North Carolina, etc. By the way, I would only remaj-k he has one child only born, but he has begotten another, as he says. But no gray-headed man ever was fuller of future ar- rangements for a numerous progeny. He went into the Hall and everybody soon had it that I was going home, etc. I went from here and called on Fitzsimons and Clymer ; told them I wished to go home, but had no ob- jection to take the sense of the delegation on the measure. Fitzsimons said nothing, but looked Oo to the devil, as I thought. Clymer spoke most pointedly against my going ; said we would lose nine votes south of Yirginia on a postponement bill which was going to be brought forward. By the by, we never had but seven from that quarter. I told him the dele- gation were to dine together to-morrow; if it was their opinion that I should stay, I would do so. * The pay of Congressmen and Senators. 332 SPECUIjATION in congress. [1790 Attended at the Hall. Little was done, and we sat waiting an hour for the committee to report the bill with amendments. It was done. An attempt was made to pass it immediately by a third reading down to the House of Eepresentatives. It was moved that it should be printed. This was opposed. The Vice-President gave the history of both the bill and the resolu- tions. "With respect to order, he made this out to be the third reading ; and of course the question would be, the sending of it to the Kepresentatives. It was now proposed, as an expedient, that the Secretary [of the Senate] should read the bill from the desk for infor- mation of the members. This obtaiaed, and now behold, to a great many innovations and amendments a whole new clause was added ! There was something of unfairness in this. It was, however, ordered to be printed for Monday. When I came down-stairs, Mr. Clymer came to where I stood with General Irwin. "We talked over the general belief that the assumption was forced on us to favor the views of specu- lation. Mr. Clymer mentioned one contract on which about eight shillings in the pound had been cleared on eighty thou- sand pounds. General Irwin seemed to scruple eight shilHngs in the pound ! Mr. Clymer said he was not so sure of the rate cleared, but the sum speculated on was eighty thousand pounds. Much of this business was done in the 'Change alley- way. Constable, however, is knowa in the beginning of the session to have cleared thirty-five thousand dollars on a con- tract for seventy thousand dollars. The whole town almost has been busy at it ; and, of course, all engaged in influencing the measures of Congress. Nor have the members [of Con- gress] themselves kept their hands clean from this dirty work ; from Wadsworth, with his boat-load of money, down to the daily six dollars, have they generally been at it. The unex- ampled success has obliterated every mark of reproach, and from henceforth we may consider speculation as a congres- sional employment. Nay, all the abominations of the Soutli Sea bubble are outdone in this vile business. In wrath, I wish the same fate may attend the projectors of both ! July 18th, Sunday. — This day the [Pennsylvanian] dele- gation dined at Brandon's. Mr. Morris stated to the Eepre- July 19] CENTRALIZATION OF POWER. 333 sentatives the train of business was in the Senate. Mentioned the importance of completing the Funding law, particularly to us who now had the residence of Congress before us ; that the rising of Congress without funding might go to shake and injure the Government itself, etc. AVe had much talk, but nothing was concluded or any agreement entered into. Mr. Fitzsimons averred, in the most unequivocal manner, the grand object of the assumption to be the colleGtvng all the resources of the United States into one treasury. Speaking of the State of Pennsylvania, he avowed she would be a debtor State to a large amoimt on the settlement of the accounts, and the next moment said she would draw interest on three million dollars annually. It is not easy to reconcile his assertions on this subject. A great deal of loose talk passed among us. As I had the delegation together, I mentioned my iutention of going home, and desired to know if any of them had any ob- jection. The discourse soon took a ludicrous turn ; but no objection was made, and I believe I will set off to-morrow afternoon. July 19th. — Have made up my mind on the subject of going home. I can not serve my country anything by my staying here longer. I will certainly feel ashamed to meet the face of any Pennsylvanian who shall put to me the question, " "What have you done for the pubhc good ? " I can answer with truth, " I have tried the best in my power." Settled with the Speaker. He would have me pay nothing for any liquors, but said his boy had cost him fifty dollars, which he desired me to pay one half of. I agreed. He had about forty dollars of my money in his hands. I owe him four sliilhngs and sixpence, Pennsylvania. I well recollect the service of the boy was mentioned, or at least all the services which I wanted in that way when I settled for my boarding at four dollars per week. I have drunk, occasionally, some of his wine — ^he said, not amounting to more than a bottle or two. I am convinced it would not amount to gallons. But I most cheerfully agreed to pay what he proposed. I attended the Hall at the usual time. And now the ma- terial business of the day, the Consolidated Funding bill and assumption, were taken up. Mr. Morris showed a vindictive 334 'CHANGE ALLEY DOCTRINE. [1790 and ireful disposition from tlie very start, and declared he would have the yeas and nays on every question. This, in fact, is declaring war against me only, as it is me only whom they can effect in Pennsylvania. I know they mean to slay me with the sword of the public creditors. He was as good as his word, and moved every point to increase the demand against the pubhc, and uniformly called the yeas and nays. All the motions were made for augmentations by him, Schuy- ler, and King, vide the minutes for the yeas and nays. When he moved that six per cent should be paid on the back interest, as there were but four of them for it, and enough did not rise for the yeas and nays, I told him I was sorry to see him in distress, and jumped up. If I can turn these yeas and nays against him, the act will be a righteous one. In the language and calculations of the Treasury, the third alternative is actually six per cent, without taking in the ad- vantage of the quarterly over annual payments, grounded on the irredeemable quality of the debt. But I really question if we shall ever see that 'Change- Alley doctrine estabhshed here, which makes debt valuable in proportion to that qualifi- cation. It never can happen without a gradiial fall of interest, which, in this country, may be rather considered as improb- able. Before Congress met I walked awhile across the [Senate] chamber with Mr. Lee. He lamented equally with me the baneful effects of the funding disease. No nation ever has adopted it without having either actually suffered shipwreck or being on a voyage that must inevitably end in it. The sepa- ration from Great Britain seemed to assign us to a long run of political existence ; but the management of the Secretary [Hamilton] will soon overwhelm us with political rule. Schuy- ler assigned a new kind of reason this day for taxation. Three millions and a half of dollars annually would be only one dollar per head on the average. It was nothing, etc. It is true it is not a heavy tax, but it ought not to be imposed without neces- sity. This wretch is emaciated in person, slovenly in dress, and rather awkward in address. No Jew ever had a more cent- per-cent aspect. He seems the prototype of covetousness. Jult20]' letters TO THE MAYOR AND COUNCIL. 335 Nor is it possible to assign to his appearance any passion, property, or affection but the love of money and the concomi- tant character of a miser. I can not help noting something which may be Toid of de- sign. Yesterday two letters were shown at dinner : one by Mr. Morris to the Governor and Council [of Pennsylvania], another by Clymer to the mayor and corporation [of Philadel- phia]. It was agreed that the Senators should sign the one to the Governor and Council, and the Speaker, in behalf of the delegation, should sign the one to the corporation. I was much pleased with this arrangement, for there was a clause in Clymer's letter of advice to erect a new building for Congress, for the giving the State-House to Congress would furnish a reason for removing the seat of Government elsewhere. This day in Senate, Mr. Morris produced this last letter to me, de- siring me to sign it. I declined it, telling him the Speaker was to sign that letter. I could not help concluding there was design in this business. There was a dinner this day which I had no notice of, and never thought of such a thing. In the evening Mr. Eees, clerk to Mr. Morris, called on me with the letter to the Gov- ernment. This I readily signed ; but here comes the Speaker with the other letter for me to sign. All this does not look like candor. I told the Speaker my objections. There is a subject in that letter which I never have touched. I will not touch it now. I have already written fully to the mayor on the subject. July Wih. — "We went this day at the funding system and pm-sued it with nearly the same temper that we did yesterday. Mr. Morris had often declared himself that he would be for an assumption equal to the representation, and had calculated a schedule for the purpose ; but, all I could say to him-, he would not gratify me in moving it. I knew there was no chance of carrying '\i. But he leveled his whole force against the nineteenth section, which, in fact, is the only favorable one to our State, for our existing State debt can not be much more than one million. I will refer to the minutes for the proceedings of the day. Mr. Morris having often- threatened that he would vote against the bill, at last made this remark- 336 SPECULATOB'S PROFITS. [1790 able speech : " Half a loaf is better than no bread. I will con- sent to the bill on behalf of the public creditors, for whom I am interested " (I looked up at him, and he added), " as well as for the rest of the Union." This last shed some palliation over his expressions. I contended that the speculators generally had dealt on the face of the certificates ; or, if they had dealt on the amount, it was always at an abated rate — clear proof they never expected the back interest to be funded. By the bill, every hundred of principal draws four annually, and as the back interest is about on the average equal to half the princi- pal (at least it is so by the Secretary's [Hamilton's] report), this, at three per cent, adds one and a half more — equal to five and one half per cent per annum for ten years ; and then the other third (or what is equal to it in 'Change- Alley calcula- tion) comes at six per cent, which, added, gives about seven and a half per cent on the face of the original certificate. I have turned the leaf to note that I may consider myself as now having passed the Eubicon with the Philadelphians. I saw Clymer through the window of the Senate chamber. Morris was sent for and went oiit. He came in with the same letter which I had refused to sign yesterday, and asked me to sign it. I refused, and told him plainly it touched a subject which I never had touched, nor would now. He said no more. Mr. Morris told me this day I must allow myself to get the lands of which he had spoken to me. I told him all on my part was ready ; only put the warrants into my hands. I, however, added, we have ruined our land-oflice by the assump- tion. The State certificates were the materials to buy the lands with. The ofiices will now be shut, for neither State money nor specie can be got or spared for it. He was silent, and I really thought he looked as if he feared that his con- duct would be turned against him in the public eye. After dinner this day I read a letter to the Speaker from John Montgomery, of Carlisle, not much in favor of Mr. Morris. He then gave me the following intelligence : That Fitzsimons and Mr. Morris' adherents, fearful that he could not be carried by a popular election, were determined to July 31] WILLIAM MACLAY ON FUNDING. change the mode to electors. But all the difficulty was {o know how Wilson could save his credit in convention and carry his party over with him after what had already hap- pened, this being one of the pillars on which his late popu- larity was supported. It is easy to see the reason of all this.. The mode of electors admits, of more cabal, intrigue, etc. July ^Ist. — King's motion of yesterday for postponement and sundry other matters which I had observed made me fear- ful that some storm was gathering. I called on Mr. Morris and expressed my apprehension and proposed to him that if any unexpected manoeuvre should display itself we should, vnth the utmost coolness, call for a concurrence of the resolu- tion for the adjournment on the 27th. Attended at the Hall on the affair of Donald Campbell ; the most impudent and ill-founded set of claims ever I was witness to. The first business in the Senate was the new bill of ways and means. Committed. A message, with a bill, respecting consuls and vice-consuls. The bill for the military grants of lands to the Yirginia officers. Committed. The Senate was now full, and the P\mding bill was taken up for the last time. I made a despairing effort. Having almost uniformly opposed the measures of Congress during the present session, some general declaration of my principles or motives may be necessary to prevent any suspicion of a dis- position inimical to the Government itself. First, then, I am totally opposed to the practice of fimding, u pon republican as well as economic al priru-iples I deny the power as well as the justice of the present generation charging debts, more especially irredeemable ones, upon posterity ; and I am convinced that they will one day negative the legacy. I will suppose (suppositions are common in this House) that not one member of Congress has been influenced by any personal motive whatever in arranging the American funding system, which now spins on the doubtful point of pass or not pass ; and, as it falls, may turn up happiness or misery for centuries to come. ISTo ; I will take gentlemen at their word, and be- lieve that it is the glare of British grandeur, supposed to fol- low from her funds, that has influenced their conduct, and 22 338 WILLIAM MACLAY ON FUNDING. [1790 that their intentions are pure, wishing to render America great and happy by a similar system. This will lead to an inqiiiry into the actual state of Britain ; and here, I trust, we shall find all is not gold that glitters. It is, if I mistake not, about a century since the commence- ment of the English funds, or, in other words, since that nation began to mortgage the industry of posterity to gratify the ambition and avarice of the then Government. Since that period wars have been almost continual. The pretexts have been ridiculous — balances of power, balance of trade, honor of the flag, sovereignty at sea, etc., but the real object was to fill the Treasury, to furnish opportunity for royal peculation, jobs and contracts for needy courtiers, to increase the power of the crown by the multiplication of revenue and military ap- pointments and the servility of the funds, for every stock- holder is, of course, a courtier. The effect of these wars has been the commotion of almost the whole world ; the loss of millions of lives ; and the English nation stands at this day charged with a debt of about two hundred and fifty millions sterling, the annual interest of which and charges of collecting in that country is above eleven millions annually, and would be above fifteen in this. It has been said that this is nothing in a national point of view, as the nation owes it to individuals among themselves. This is true only in part, as foreigners draw great sums. Yet it is believed that near half a million of the inhabitants of Great Britain, including army, navy, revenue, and stock- holders, are supported from the Treasury. The whole of them, be the number what it may, must be considered as un- productive drones, who are ever ready to support the adminis- tration, be it ever so oppressive to their fellow-citizens. There is another calculation said to be more exact, viz., that near a million of paupers, reduced by exorbitant taxes below the power of housekeeping, are dependent on national charity and poor-rates. Great cry has been made about Mr. Pitt as the political savior of his country — that he has paid part, and will finally discharge the whole, of the national debt. This is a vile deception. By some management between him and the stock-jobbers, as he buys they raise the price of the July 21] "WILLIAM MACLAY ON FUNDING. 339 remaining stock, the aggregate value of which is now greater, at the market price, than when he began to purchase, so that the nation, instead of gaining, is a loser to the amount of the new duties. It is not likely that the trading of Government in stock or certificates ever will have a different effect. There is another part of his conduct for which I am ready to give him proper credit. He seems by his sham armaments, to have hit on an expedient to plunder the nation without bloodshed. Let him enjoy this praise in common with other English robbers, who, imlike those of other nations, seldom accompany their depredations with murder. It is in vain to expect the payment of the British debt in any other way than by a national bankruptcy and revolution. Is this the precipice to which we would reduce the rising nation of North Amer- ica? It may be said^none of us will live to see it. Let us at least guard our memories from the approach of such mis- conduct, f It may be here asked, What, then, is to be' done? Just what the public expectation called for. The Western lands have been considered from the beginning of the late contest as the fund for discharging the expenses of the war. The old Congress made laudable advances in this way. The present session has not passed without applications on that subject as well from companies among ourselves as persons from Eu- rope. We have now a revenue far exceeding the limit, five per cent, which the desideratum of the old Congress and the want of which occasioned the formation of our present Con- stitution, and fully suflJcient to discharge a reasonable interest, proportionate price of the public debt until the whole is ex- tinguished by the Western sales. Thus no one will sustain loss. Substantial justice will be done, and the public expecta- tion will be fully satisfied. But to bind down the public by an irredeemable debt with such sources of payment in our power, is equally absurd as shackling the hands and feet with fetters rather than walking at liberty. The friends of the bill paid no attention whatever to me, and were but too successful in engaging the attention of others by nods, whispers, engaging in conversation, etc. Morris, Daltpn, and some others went out and stayed for an hour. "^4:0 FAREWELL TO NEW YORK. [1790 They carried the bill against us — fourteen to twelve. It is in vain to dissemble the chagrin which I have felt on this occasion. We had a resolution relating to Howell's committee. I am of the committee. Keport of joint committee on Settle- ment bill read for information, but could not be acted on, as the bill is in the power of the Lower House. I find I need be under no uneasiness about the Residence bill. JuVy 2^d. — Attended at the Hall this day, as much to take the wrinkles out of my face, which my yesterday's disap- pointment had placed on it, as for anything else. It is in vain to think of changing a vote anyway ; a majority are sold, H.nd TTa.milton has bought them. I can be of no further use, and will absolutely leave them. It is certainly a defect in my political character that I can not help embarking my passions and considering the interest of the public as my own. It was so while I was at the bar, in respect of my clients, when I thought their cause just. Well, be it so. It has its inconven- ience, and hurts my health, but I declare I never will en- deavor to amend it. Attended all the committees on which I was, and gave my opinion as to the reports, etc. In Senate the Collection bill was reported. Almost an entire new system, or the old one 80 renovated as to make a volume of new work for Congress. I listened an hour to the reading of it. Rose, bade a silent and lasting farewell to the Hall, and went to my lodgings for the purpose of packing. And now, at last, we have taken leave of New York. It is natural to look at the prospect before me. The citizens of Philadelphia (such is the strange infatuation of self-love) be- lieve that ten years is eternity to them with respect to the resi- dence, and that Congress will in that time be so enariiored of them as never to leave them ; and all this with the recent ex- ample of New York before their eyes, whose allurements are more than ten to two compared with Philadelphia. To tell the truth, I know no such unsocial city as Philadelphia. The gloomy severity of the Quakers has proscribed all fashionable dress and amusement. Denying themselves these enjoyments, they, as much as in them lies, endeavor so deprive others of Jult23] PHILADELPHIA AND CONGRESS. 341 them also ; while at the same time there are not in the world more scornful or insolent characters than the wealthy among them. Witness the Wartons, Pembertons, etc. No, these feeble expectations will fail. Go they [Congress] must. Nay, taking another point of view. Political necessity urges them and a disruption of the Union would be the conse- quence of a refusal.] There is, however, a further and more latent danger which attends their going. Fixed, as Congress will be, among men of other minds on the Potomac, a new influence will, in all probability, take place, and the men of New, England, who have hitherto been held in check by the patronage and loaves and fishes of the President, combined with a firm expectation that his resignation (which is expected) -^ will throw all the power into their hands, may become refrac- tory and endeavor to unhinge the Government. For my knowledge of the Eastern character warrants me in drawing this conclusion, that they will cabal against and endeavor to subvert any government which they have not the manage- ment of. The effect must be sensibly felt in Philadelphia, should a great commercial town arise on the Potomac. She now sup- plies all the over-hill country, and even the frontiers of Vir- ginia and other Southern States with importations. This must cease ; nor need she expect a single article of country produce in return from the west side of Susquehanna. It is true that the genius of Yirginia and Maryland is rather averse to exclusive commerce. The Southern planter is situ- ated on his extensive domain, surrounded with his slaves and dependents, feels diminution and loses his consequence by being jumbled among brokers and factors. And yet we have seen what Baltimore has become in a few years from the small be- ginnings of a few Pennsylvanians at first, and afterward by the accession of other strangers, for wherever the carcass of com- merce is thither will the eagles of trafiic be gathered. For my own part, I would rather wish that the residence of Congress should not be subject to commercial influence. Too much has that influence, conducted by the interest of New England, whose naval connections throw them into that scale, governed — nay, tyrannized — in the councils of the Union, 342 END OF SECOND SESSION. [1790 My consolation for going to the Potomac is, that it may give a preponderance to the agricultural interest. Dire, indeed, will be the contest, but I hope it will prevail. I can not, however, help concluding that all these things would have been better on the Susquehanna. But, query, is not this selfish, too ? Ay, but it may, nevertheless, be just. THIRD SESSION ^ OF THE FIRST CONGRESS. Dec. 3] CONGRESS AT PHILADELPHIA. 345 CHAPTEE XII. AS TO BE-ELECTION. Philadelphia, Deoemher 1, 1790.—LeAB in the afternoon I arrived in Philadelphia in order to attend Congress, which is to meet on Monday next. Saw nobody this afternoon nor evening. December %d. — ^Dressed and called first on General Mifiiin. He was abroad. Then on Mr. Morris, who received me with frankness. Called on the President, Clymer, and at Fitz- sunons'. The day soon became rainy. Came home. Heard from my brother in the evening that some attempt was mak- ing on the Sunbury lands by one Sewell and Hurst. This has cut out work for me in the morning. Deoernber 3d. — Dressed and went early to the Governor's. He was at breakfast, and had four school-boys about him mak- ing them show him their Latin exercises, repeat their lessons, tell what books they were reading, etc. So much does he love to be the cock of the school that he seems actually to court the company of children, where he is sure he will meet with no contradiction. His tongue ran Hke a whirligig. There was no getting a word in among the children. I had, however, considerable attention paid to me by two dogs, who pawed me over. I learned that no decision had been given by the Board of Property in the case of the Sunbury lands. Took the first opportunity I possibly could of withdrawing. No public character ever appeared to me more disgusting. Called on David Kenedy, of the Land-Office, and mp,de what we thought the best arrangement respecting the affair of Sunbury. Met Avith Mr. Langdon and went a-visiting, in which we 346 VISITING. [1790 spent the forenoon. Galled in the evening at Mr. McCon- nell's, the broker. He told me the public creditors were very busy under their chairman, Petitt, preparing petitions, me- morials, etc., for Congress. I made some remarks tending to show that they were well enough for the purpose intended. He readily joined me ; said it was carried on to answer elec- tioneering purposes ; that Petitt wanted to be in Congress, etc. Petitt is my old enemy, and will supplant me if he can. Agreed. Deoeniber ^th, Satwrday. — I have deliberated much on the subject whether I will call to see Bingham, Powell, and others. I have called on Morris, Clymer, and Fitzsimons. Why not on them ? By the rules of etiquette, perhaps, they should call on me. I have resolved all over in my nlind. Jacta est alea, and I will go. But as I went I fell in with Mr. Clymer, and away we went a-visiting. Clymer ,certainly means to be on good terms with me. We had two long visits. I called at Bingham's. Found him at home and had a long chat. Took leave and left a card at Mr. Powell's. Called at Mr. Chew's, who urged me to stay for dinner. I accepted his invitation for two o'clock, and the rest of the day was accordingly dis- posed of, for it was past three before we sat down. I called twice this day at Dr. Push's, but saw him not. Saw the Speaker. The Speaker said, on the authority of Dr. Push, that we would all be re-elected. Believe it not. Decenibe'r 5th, Swnday. — Was sent for early by Mr. Morris on the subject of taking up the frontier lands. I agreed to procure him a draft of such parts of the State as had vacant lands in them. No contract with him. I mean to have such a draft made for the use of the members of the Assembly, or at least for their information. Pressed me to dine with him. Did so. Mr. Powell returned my visit. Visited Langdon in the evening. Decernber 6th, Monday. — My brother informed me this morning that Charles Thompson had applied to one Collins, a member from Berks County, for his interest to obtain my place as Senator. It comes very direct, and was talked over yesterday at Blair McClenachan's, where Matthew Irwin dined, Dec. 7] A QUORUM FORMED. 347 from whom my brother [Samuel Maclay] had it. Out some of the citizens would have me, if they should put the devil in my place. This is what I must expect of them. Attended at the Hall at eleven. Senate was formed, but no business done save the sending a message by our Secretary, to the Representatives that the Senate was ready to proceed to business. Spent the rest of the day in visits, etc. December 7th. — Went early this morning to see if Mr. Montgomery, of our county, or Mr. White were come in. Found none of them. Called at Mr. Findley's lodgings on my way home. He said he would call on me in the evening. Colonel Curtis spent some time this forenoon with me. Attended at eleven at the Hall. A House was formed by the Eepresentatives. On the 7th of January last King had introduced a new record altogether on the minutes, the inten- tion of which was to secure the delivery of the President's speech in the Senate chamber. A resolution verbatim, with the entry of last January, was moved, carried, and sent down for concurrence. While this was done with us, a resolution passed to the Representatives for a joint committee waiting on the President with information that quorums were formed in both Houses. Our Secretary and the Clerk of the Repre- sentatives passed each other on the stairs with their respective resolutions. Each House appointed committees under their own resolutions, and the committees met. The Representatives urged that it was^ idle to name any place to do business in until it was known whether any business would be done. The President was in our favor. This silly thing kept us talking an hour and a half. The Clerk of the Representatives announced the non-concurrence of our resolution. This had like to have raised a flame, but a motion was at length made and carried for the concurrence of the resolution which came up. The joint committee now waited on the President, who charged them with information that he would to-morrow at twelve o'clock deliver his speech to both Houses in the Senate Chamber, and so ended this ardu- ous affair. The Senate adjourned. The first levee was held this day, at which I attended. 348 WASHINGTON ADDKBSSBS CONGRESS. [1790 At about seven o'clock Mr. Findley called on me. "We had a long conversation, or at least a busy one, for about an hour. I must be blind, indeed, if I did not see that he is doing every thing in his power to supplant me by way of preparing me for the part which he was about to act. He first told me that Gurney and he had some conversation, which would seem to impart that John Montgomery, of Carlisle, was the man to sup- plant me. I mentioned it as a matter that would savor too strongly of cabal to take one of the electing members. This threw him off his guard, and he spoke rather tartly of my re- mark, and alleged there could be nothing in it ; said " if I crni elected I will serve, but I will take no part in the matter, and I will give you leave to blame me if I do." This sentiment he reiterated more than once. He kept looking at his watch in- cessantly and was in evident perturbation from the time I hinted the impropriety of one of the electing members being chosen. When I hinted that some complaints had been raised against my brother, he alleged it was so ; that I likewise had made proposals to Colonel Smith, which he insinuated had not been adhered to. I told him what I recollected of the dis- course between Colonel Smith and myself, and said I had en- tered into no engagements with him or any other one on the occasion. Decerriber 8th. — This was the day assigned for the Presi- dent to deliver his speech, and was attended with all the bustle and hurry usual on such occasions. The President was dressed in black, and read his speech well enough, or at least tolerably. After he was gone, and the Senate only remained, our Yice- President seemed to take great pains to read it [the speech] better. If he had such a view, he succeeded ; but the difference between them amounted to this : one might be considered as at home and the other in a strange company. The speech was committed. I could not help taking some pains to counteract Mr. Find- ley. But my situation is a critical one. I must stand with open breast to receive the wound inflicted by my adversaries, while the smallest endeavors on my part, either to obtain favor or to remove misrepresentation, is called begging of votes by pretended though false friends. I will, however, do Dec. 10] JOHN ADAMS DISCUSSES NOBILITY. 349 what I think proper, for to attempt pleasing every one would be to carry the ass, indeed. Findley drew away my mind for a moment. Let me re- turn to the President. Does he really look like a man who enters into the spirit of his appointment ? Does he show that, he receives it in trust for the happiness of the people, and not as a fee simple for his own emolument ? Time and practice will, perhaps, best elucidate this point. December 9th. — This day the Senate afforded neither mo- tion nor debate. The communications hinted at in the Presi- ■ dent's speech were delivered to us, and continued to be read till past two o'clock, when the Senate adjourned. A war has actually been undertaken against the Wabash Indians without any authority of Congress, and, what is worse, so far as intelli- gence has come to hand, we have reason to believe it is unsuc- cessful. Mind what comes of it. The Yice-President, Mr. "Wyngate, and some more of us, stood by the fire. When the affairs of France were talked, I said the National Assembly had attacked royalty, nobility, hie- rarchy, and the Bastile altogether, and seemed likely to demol- ish the whole. The Vice-President said it was impossible to destroy nobility ; it was founded in nature. Wyngate engaged. The Vice-President's arguments were drawn from the respect shown to the sons of eminent men, although vicious and un- deserving. When the parties had nearly exhausted themselves, I asked whether our Indians might not be considered as hav- ing devised an excellent method of getting rid of this preju- dice by ranking all the children after the mother. This sent , off the whole matter in a smile ; Adams, however, never was cured, or is relapsed into his nobilimania. After we were seated and a slack moment happened, Mr. Morris drew his chair near mine and hinted to me that Bingham's unanimous vote for the Speaker's chair was the price of his influence in favor of Findley. I said I thought likely. But Bingham had obtained his end, and might now be on the other tack. December 10th. — This day was unimportant in the Senate. The committee reported an answer to the President's speech. The echo was a good one, and was adopted without material amendment. 350 FRANCE HONORS DR. FRANKLIN. [1790 A packet had arrived a few days ago from France, directed to the President and members of Congress. The President, from motives of delicacy, would not open it. It came to the Senate, and was sent back to the President, and now returned opened. It contained a number of copies of the eulogiums delivered on Dr. Franklin by order of the National Assembly. Our Yice-President looked over the letter some time and then began reading the additions that followed the President's name. He was Doctor of the Sorbonne, etc., to the number of fifteen (as our Vice-President said). These appellations of oiRce he chose to call " titles," and then said some sarcastic things against the National Assembly for abolishing titles. I could not help remarking that this whole matter was received and transacted with a coldness and apathy that astonished me ; and the letter and all the pamphlets were sent down to the Representatives as if unworthy the attention of our body. I deliberated with myself whether I should not rise and claim one of the copies in right of my being a member. I would, however, only have got into a wrangle by so doing vdthout working any change on my fellow-members. There might be others who indulged the same sentiments, but 'twas silence all. Decertiber 13th. — The Senate having adjourned over from Friday to this day [Monday], nothing of public nature has taken place. I was engaged Saturday and this morning in negotiating the sale of some certificates, which I completed, and placed the money in the bank. The minutes were read about half after eleven, and the committee on the business reported that the President had ap- pointed twelve to receive our address. Twelve soon came, and we went on this formality, which finished the senatorial busi- ness of the day. • This day completed the sale of Mr. Harris's certificates at the most either Bobby or myself could make of them. Got a check on the bank and put the whole in part notes. December llith. — Attended the Senate, but no business of moment was transacted. Official information was communi- cated to the Senate of General Harmer's expedition. The ill- fortune of the affair breaks through all the coloring that was given to it. 'Tis said one hundred Indians have been killed. Dec. 17] LEVEES AND KOYALTY. 361 ■ But two hundred of our own people have certainly perished in the expedition. This was levee day, and I accordingly dressed and did the needful. It is an idle thing, but what is the life of men but folly ? — and this is perhaps as innocent as any of them, so f a^ as respects the persons acting. The practice, however, consid- ered as a feature of royalty, is certainly anti-republican. This certainly escapes nobody. The royalists glory in it as a point gained. Kepublicans are borne down by fashion and a fear of being charged with a want of respect to General Washington. If there is treason in the wish I retract it, but would to God this same General Washington were in heaven ! We would not then have him brought forward as the constant cover to every unconstitutional and irrepublican act. December 15th. — This day was really a blank in the Senafe. Two petitions were presented which, being only coimterparts of what were expected to be acted upon in the Lower House, were laid on our table. Mr. Morris was called often out by our own citizens. The doorkeeper named the people who sent in for him. Peter Muhlenberg was one, Colonel Hartley was another. This day certificates raised fourpence in the pound. December 16th. — I, this day, attended the Board of Prop- erty. There never was a more groundless persecution than has been set on foot against me, and is now supported by one Eowls, the same Avith whom my brother quartered last winter. He seems determined to injure my reputation if possible. I had to oppose him, and there certainly never was a clearer case. It was, however, agreed that my brother's deposition should be taken, and the Board to meet to-morrow. I was taken away the whole day by this vile business. December 17th. — Got my brother's deposirton and attended at the Board, having first heard prayers and sat a half hour at the Hall. Bowls was at the Board, and displayed every petti- fogging shift and evasion. He is really a rascal, -and all this matter is pushed by him to injure me at my ensuing election. I have letters from my dear child Johnny, telling me that he had information of this kind. I spent the residue of the day in varioijs other pieces of business. 352 MEMOEIAL OP THE PUBLIC CREDITORS. [1790 December 18th. — ^ Being Saturday and excessively cold, stayed at home all day. Was visited by Madison, Bishop, and "White, and many other respectable characters. ^ Settled with Mr. Ogden. His bill in full for the coupe carriage, horse, and lodging for two weeks, ending the 15th at night, and all the washing heretofore done, £4 Is. 7d. Paid off, and he has ten dollars in his hands to stand opposite fire- wood. The rate of boarding, three dollars per week, exclusive of firewood, at least it is so by this bill. This night it is reported that the six-per-cents were at par. December 19th, Sunday. — The cold continued. Dined out with Mr. Powel. Spent the most of the day in writing letters to home. December Wth, Monday. — Paid some visits. Attended at the Hall. Congress were engaged until almost three with the reading of a long and most impudent memorial from the public creditors. Paid visits, etc. The weather abated, and prospect of a thaw. December 21st, Tuesday. — The memorial and remonstrance of the public creditors engaged us some time. I saw, or at least I thought I saw, a storm gathering in the countenances of the Senators yesterday, and moved an adjournment. I told Mr. Morris of it, and he agreed it was so, and for fear of this same storm he moved an adjournment this day. But Schuyler had a long motion. It concluded with the " danger " and " in- expediency " of any innovation in the funding. A variety of opinions were now offered as to the time of proceeding to- morrow. Monday, Friday, and Thursday were aU spoken of, and Thursday agreed to take it up. This day the Governor of our State was proclaimed. Mr. Morris spoke eafly to me. His words were, " I expect every moment to hear from the delegation who are now meeting to fix a time to wait on the Governor, and I will let you know of it." I waited, but heard nothing from him. December '22d. — I called this morning on the Comptroller, and he was obliging enough to send for Mr. Smilie, and did my character justice in respect to sundry aspersions east on it by Mr. Findley and SmiUe. I came home ; was dressed and went out to visit about ten. Dec. 23] CALUMNY AGAINST OFFICIALS. 353 Came to the Hall about eleven. Here Mr. Langdon. told me that Mr. Morris and the delegation were just gone to wait on the Governor. I posted after and thought to overtake them. Called on the Governor ; was sure I would find them there. It was not so. "Was sure they would come in every moment. They did not come in. I returned to the Hall ; found Mr. Morris there. He apologized: said he got the notification yesterday in company ; the time was half after ten. He had sent his servant up with the note to me. I asked at my lodg- ings. No note was there, nor had anybody seen the servant. From the drift of dust and feathers you see how the wind blows. Paid my boarding up to last night ; three dollars. I can not help wishing myself honorably quit of the envi- able station. What a host of enemies has it not raised about me, with calumny and detraction in every corner ! Fate but grant me this, that their dissensions and cabals may protect the election until my period be expired, and if you find me in this city twenty-four hours longer, inflict what insult you please on me. Placed on an eminence, slander and defama- tion are the hooks applied to pull me down. It is natural to make some efforts to disengage one's self from such grap- plings, yet even the slightest endeavor of this kind is repro- bated as an attempt to procure votes. What a set of vipers ! December 23d. — Yisited this morning to near eleven. At- tended at the Hall. Mr. Morris was late in coming. And now the resolution respecting the public creditors, or rather in answer to their memorial, was taken up. Every mode was tried to let them down easy, as the phrase is. Great accom- modation was tried to get Mr. Morris to come into the meas- ure, and it really seemed that more than ondfe he was satisfied with Elsworth's modification of the resolution. King ofiEered a second one, or, perhaps, I might say, a fourth one, which was adopted. Mr. M. told me he would agree to it. But a num- ber rose for the yeas and nays. Mr. Monroe, of Virginia, desired to be excused, and was so. Mr. Morris was the only nay. I was in good humor myself, although I considered the vote of this day as waging a war with the public creditors, in which I will most probably lose my re-election, and was sorry 23 354 WILLIAM MACLAT ON FUNDING. [1790 to see my colleague manifest such a degree of obstinacy and peevishness. He left the Senate chamber immediately after the vote. A vote for the inexpediency of altering the funding sys- tem at this time, from a person who uniformly opposed the system in its passage into a law, may seem to require some apology. My vote proceeds not from an approbation of the funding system, but from a total disapprobation of the memo- rial now before us. Upon republican principles, I hold the voice of the majority to be sacred. That the funding law has obtained that majority is undeniable, and acquiescence is our duty ; but I never will subscribe to a blind and unalter- able one. The making debts irredeemable and perpetual is a power that I am convinced posterity will spurn at. The West- ern lands are the natural fund for the redemption of our national debt It is now unproductive. Perhaps the fault is ours that it is so. As soon as it is otherwise, I would be happy to see all stock made strictly personal, unalienable, and inca- pable of descent or any negotiation, save commutation in lands ; and let it die with the obstinate speculator who refuses such commutation. The stockholder, to any amount, is an unproductive character — worse, he is the tool of a bad admin- istration. A good one needs none. It is enough that we have seen one generation of them. Let us not perpetuate the breed ; their children, cut off from such expectations, will be restored to industry. It is a fact that the six-per-cents are now nearly at par, or at least this appearance is kept up among the speculators. An act passed hastily just at the close of the last session directed the borrowing two millions of dollars with design of bujang in the public debt and lessening it. The real object was the increasing it by raising the value. Three milKons of florins have been borrowed in pursuance of this law. The Board of Purchase named in the law completed their purchase of No- vember at about 12s. A^d. on the face and Ys. 2>d. arrears. It was natural to expect this would be about the standing value, but, by one effort of impudence, par was demanded in three days on the appearance of the Treasurer's advertisements. Becemher 2Ji.th. — The papers full of the advertisements Dec. 25] PBOFITS TO SPECULATORS. 355 this day of stock of every kind for sale, and there is no doubt but the show of sales nearly at par will be kept up in order to save appearances and cover the advance prices which are daily given by the Board of Purchase through the medium of the Treasury. This whole matter of purchasing in stock to sink the debt, ostensibly, has really no other object but to raise the value of it, and so to make immense fortunes to the specula- tors who have amassed vast quantities of certificates for little or nothing. I did not think it possible that mankind could be so easily duped, and yet there never was a vainer task than to attempt to undeceive them. Yery little was done in the Senate to-day. Sundry com- munications were made from the Eepresentatives relating to the settlement on Port St. Vincennes, on the "Wabash. Which was laid on our table. Yesterday the Secretary's [Hamilton's] report on the sub- ject of a national bank was handed to us, and I can readily find that a bank will be the consequence. Considered as an aristo- cratic engine, I have no great predilection for banks. They may be considered, in some measure, as operating like a tax in favor of the rich, against the poor, tending to the accumula- ting in a few hands ; and under this view may be regarded as opposed to republicanism. And yet stock, wealth, money, or property of any kind whatever accumulated, has a similar effect. The power of incorporating may be inquired into. But the old Congress enjoyed it. Bank bills are promissory notes, and, of course, not money. I see no objection in this quarter. The great point is, if possible, to prevent the making of it a machine for the mischievous purposes of bad minis- ters ; and this must depend more on the vigilance of future legislators than on either the virtue or foresight of the present ones. Decemher 85th. — This, being Christmas-day, dined with Parson Ewing, and had the task of hearing him rail almost all the time I was with him against Congress. He talked of demonstration and mathematical proof of the impositions which he had sustained. But he really did not understand the laws. I waived all altercation with him as much as I could. He had the terms rogue and cheat very familiarly at his 356 NOMIKAL REDUCTION OP THE DEBT. [1790 fingers' ends, or, I should rather say, at his tongue's end. He, however, talked of selling out. I was this day assured that the six-per-cents were above par. The law for purchases allows the overplus money in the Treasury, after satisfying the appropriations, to be laid out in the purchase of certificates as well as the two million dollars to be borrowed abroad. It was originated and passed after I left 'New York, and is certainly the most impudent transaction that I ever knew in the political world. I regret my being absent when it passed, although my presence could have had no effect whatever on the progress of it further than I would have borne my testimony against it. This nominal reduction is a virtual raising of the whole value of the debt. Something of this kind, I have heard, is common in England. When governments attempt a purchase of any kind' of stock, the holders of that kind of stock never fail to raise the residue. Hamilton must have known this well. Our speculators knew all this. They have a general communication with each other. They are actuated by one spirit, or, I should rather say, by Hamilton. Npbody, generally speaking, but them buy. It is easy for them, by preconcert, to settle what proposals they will give in ; and, these being filled, the commissioners are justified in taking the lowest. I can not, however, help predicting that when the florins are out there will be a crash and the stocks will fall. Decemier S6th. — Being Sunday, my brother agreed with me that we would visit Dr. Logan. This man has every testi- mony, both of practice and profession, in favor of his repub- licanism. He has been in the Assembly of Pennsylvania, and there had it in his power to have formed a coalition with the city interest. He has, however, continued finnly attached to the rural plans and arrangements of life and the democratic system of government. His motto is, " VoxpqpuU vox Dei." But mottoes and professions nowadays are as the idle wind which no one ought to regard unless supported by practice ; and scarce can you depend on practice unless you see it em- bracing interest. This has been in some degree his case. We had been but a little while with him when we were joined by Judge Burke, of South Carolina. This was the very man who. Deo. 28] ACCIDENT TO CONGRESSMAN HARTLEY, S61 while in New York, railed so tremendously against the Quakers, and against Pennsylvania for having Quakers. Be- hold a wonder ! Now he rails against slavery, extols Quakers, and blazes against the attentions showed to General Washing- ton, which he calls idolatry ; and that a party wish as mu^ to make him a king as ever the flatterers of Cromwell wished to raise him to that dignity. Dr. Logan has Oswald's [news] paper at his devotion, and I can see that Burke will discharge many of his sentiments through this channel. Burke said many just things, but he is too new a convert to merit confidence. I find, however, on examination, that this is the same man who wrote against the Cincinnati, December 27th, Monday. — I received just after breakfast a letter from Mr. Harris, and spent the day mostly in buying things which were to go by the man who brought the letter, he being a wagoner. Just as I came out of the door of the Hall, Hartley had fallen and broke his arm. I was among the fir§t to show him every attention that his situation required, and the more especially as I have reason to consider him as inimical to my reappointment to the Senate of the United States. This day produced nothing of importance in the Senate. My attention to Hartley prevented my returning into the Senate chamber. December 28th, Tuesday. — Attended the Senate as usual. A slight debate took place respecting a law for continuing per- mission to the States of Ehode Island, Maryland, and Georgia the power to levy certain duties of tonnage for the purposes of repairs on their respective ports. The bill was recommitted, with two additional members added to the committee. This being levee day, I attended in a new suit. This piece of duty I have not omitted since I came to town, and if there is little harm in it there can not be much good. Jackson looked shyly at me this day. I observed his eye upon me, and it had, in my opinion, something of the malignant in it. But I never cared less for court favor. I really feel a thirst to re- turn to my family, and, although I will feel the pang which the insult of being rejected will inflict, yet, perhaps, a re-elec- tion might be among my misfortunes. 358 ON RE-ELECTION. [1790 December 29th. — This day a blank in the Senate with re- spect to any business of importance. Mr. Morris told me I was blamed for not going among the members and speaking to them, etc. What a set of vipers I have to deal with ! ■ One party watches and ridicules me if I am seen speaking a word to a member. In order to avoid the censure of them I have rather secreted myself from the members, and the fault is fixed on it. "William Montgomery called this evening to tell me that he must go home on account of the indisposition of his wife. This is, perhaps, a vote out of pocket, but can not be helped. I called this evening at the lodgings of some of the members who. were out. Fitzsimons had often said he was at home in the evening, and desired me to call. I drank tea with him and the family. Sat a good while. The chat was various. He did not touch the subject of my re-election. He did not come with me to the door when I took my leave — as much as to say, I want no private communication. Be it so. If I want help, I need not look to him for it. Whatever is, is best, and I have little doubt that my rejection, if it takes place, will be best. The character of Brackenridge was introduced. Fitzsimons said he came down in the State Legislature once. We took notice of him, and he embarked for us like a barrister through thick and thin. But he sold himself by it, lost his popularity, and we have never seen him since. He accompanied this with a loud laugh, which is uncommon with him, as his risibility seldom exceeds a dry smile or a sarcastic grin. Mrs. Fitz- simons cried out : " How insufferably cruel is that, my dear ! You first mislead the man, and now ridicule him for the con- sequences of his mistakes." She did not just say the devil does so, but something not unlike it. It gave my friend Thomas Fitzsimons the flats, for he hardly said a word afterward. December SOth. — I called this day on simdry members of the Assembly. As I came home I called at Boyd's, the place where all the plots are laid against me. Findley talked con- fidently. Smiley and Boyd rather seemed to oppose him. But I have a right to consider myself as among a den of thieves. I need never cross this threshold again. Advances to them are idle. Dec. 31] CAPTIVES AT ALGIERS. 359 Attended the Hall at the iisual time. A communication from the President respecting the prisoners at Algiers, f oiir- teen of whom only are alive, was delivered to the Senate. Eead and committed to the Committee on the Mediterranean Navigation. Did some business about the offices. Called and sat a good part of the evening with White, who had two of the Lancaster members with him — Carpenter and Brickbell. I need say nothing more to them. They now know me. From White I had nmch information of the malignant whispers, innuendoes, and malevolent remarks made respecting me. It was painful, and I could not refrain demanding of him what or whether any charge was made against me. No, no ; noth- ing in particular, but everybody says : " The people don't like you ; the people won't hear of your re-election." Who are they that say so ? " The leading members of the Assembly, officers of the Land-Office, citizens of Philadelphia, and others." Query : Is not the same spirit that dictated the ostracism at Athens, the petalism at Syracuse, and similar measures in other places, still prevalent in the human mind and character ? The true cause of these banishments, whether by the oyster-shell or the olive-leaf, was really to remove a blameless rival out of the way of less deserving competitors for office by the name and clamor of the people when no other cause could be alleged against him'. In this way is there not in every free country, where the competition for office is laid open, a constant ostra- cism at work on the character of every man eminent for worth or talents ? These arts will, no doubt, prevail on many occa- sions, but they will now be universally successful. When they do, we mxist submit to them as in some measure inseparable from republicanism. December 31st. — Attended at the Senate this day, where nothing was done of any consequence. Sundry papers relating to the inhabitants of Port Vincennes, or Vincent, on the Wa- bash, were committed. I was one of the committee. I went a-visiting vsdth Mr. Langdon. Dined this day with Mr. Morris. I can observe in general rather a coolness of the citizens toward me. Be it so. I will endeavor not to vex myself much with them. This is the last day of the year, and I have faithfully noted y 360 SCRAMBLE FOR OFFICE, [1790 every political transaction that has happened to me in it. And of -what avail had it been ? I thought it possible that I would be called on with respect to the part I had acted in the Senate by the Legislature of Pennsylvania, or at least by some of them ; but is there a man of them who has thought it worth while to ask a single question ? No. Are they not, every man of them, straining after offices, posts, and preferments ? At least, every one of them who has the smallest chance of success ? Yes, verily. Nor is there a man who seems to care a farthing how I acted, but wished me out, to make a vacancy. Eeward from men it is in vain to look for. It is, however, of some conseqiience to me that I have nothing to charge myself with. Having some leisure on hand, I have looked over my min- utes for the last month. It is with shame and contrition that I find the subject of my re-election has engaged so much or any of my thoughts. Blessed with affluence, domestic in my habits and manners, rather rigid and uncomplying in my tem- per, generally opposed in sentiments to the prevailing pohtics of the times ; no placeman, .speculator, pensioner, or courtier — ^it is equally absurd for me to wish a continuance in Con- gress as to desire to walk among briers and thorns rather than on the beaten road. It may be said a love for the good of my country should influence my wishes. Let those care to whom the trust is committed ; but never beg for that trust when, in my own opinion, I have been of so little service, and have sacri- ficed both health and domestic happiness at the shrine of my country. Nothing that I coidd do, either by conversation or writing, has been wanting to let men see the danger which is before them. But seeing is not the sense that will give them the alarm ; feeling only will have this effect, and it is hard to say how callous even this may be. Yet when the seeds of the funding system ripen into taxation of every kind and upon every article ; when the general judiciary, like an enforcing machine, follows them up, seizing and carrying men from one corner of a State to another, and perhaps, in time, through different States, I should not be at all disappointed if a com- motion, like a popular fever, should be excited, and, at least, attempt to throw off these political disorders. HI, however. Dec. 31] NEW YEAR RESOLVES. 361 will tlie Government be, under which an old man can not eke out ten or a dozen years of an unimportant life in quiet ; and may God grant peace in my day ! But as to the point in hand, let me now mark down some rules for my future conduct. First, then, let me avoid anything that rriay seem to savor of singularity or innovation ; call and speak to my acquaint- ances as formerly, but avoid with the utmost care the subject of senatorial election and everything connected with it. If any other person introduces it, he must either be a real or a pretended friend. Hear him, therefore, with complacence, and even with a thankful air ; avoid every wish or opinion of my own, especially of the negative kind, for everything of the sort will hazard my sincerity. Should an election comei on while I am in town, stay in my place during the time of it ; and if it should be adverse, a thing I can scarce doubt of, immediately send in my resignation, as the appointment of another person must be considered as equiv- ocal proof of my having lost the confidence of the State. For this purpose let my letter of resignation be ready, all to filling the date ; and revise it while I am cool, for it is not unlikely that with so many eyes upon me I may undergo some perturba- tion at the time. Lastly, have my mare in readiness, and let the first day of my Hberty be employed in my journey homeward. A deter- mination of this kind is certainly right, for I have tried and feel my own insignificance and total inability to give the smallest check to the torrent which is pouring down on us. A system is daily developing itself which must gradually under- mine and finally destroy our so much boasted equality, liberty, and republicanism — ^high wages, ample compensations, great salaries to every person connected with the Government of the United States. The desired effect is already . produced ; the frugal and parsimonious appointments of the individual States are held in contempt. Men of pride, ambition, talents, all press forward to exhibit their abilities on the theatre of the General Government. This, I think, may be termed grade first ; and to a miracle it has succeeded. The second grade or stage is to create and multiply oflScers 362 THE PRESIDENT'S PATRONAGE. [1790 and appointments nnder the General Government by every possible means in the diplomacy, judiciary, and military. This is called giving the President a respectable patronage — ^a term, I confess, new to me in the present sense of it, which I take to mean neither more nor less than that the President should always have a number of lucrative places in his gift to reward those members of Congress who may promote his views or support his measures ; more especially if by such conduct they should forfeit the esteem of their constituents. "We talk of corruption in Great Britain. I pray we may not have occasion for complaints of a similar nature here. Respice jmem as to the third. Jan. 2] NEW TEAR'S CALLS. 363 CHAPTEE XIII. CENTEALIZATION OF POWEE. Ja/nuwry 1, 1791. — Neither Congress nor the Legislature of the State met this day. I went to settle some business with the Comptroller of the State, but he was equally complaisant to the day as the Government. I determined to do something since I was out, and called on my tailor, who took the amount of his bill. I then visited Hartley, who lies iU with his broken arm. Just as I passed the President's house, GriflBn called to me and asked whether I would not pay my respects to the President. I was in boots and had on my worst clothes. I could not prevail on myself to go with him. I had, however, passed him but a little way when Osgood, Postmaster-General, attacked me warmly to go with him. I was pushed forward by him ; bolted into the presence ; made the President the compliments of the season ; had a hearty shake by the hand. I was asked to partake of the punch and cakes, but declined. I sat down, and we had some chat. But the diplomatic gentry and foreigners coming in, I embraced the first vacancy to make my bow and wish him a good-morning. I called next on the Governor of the State and paid my compliments, and so came home to my dinner ; and thus have I commenced the year 1791. Jcmuwry %d. — Being Sunday, I stayed at home in the fore- noon and attended at meeting in the afternoon. To worship once on the day devoted to the Deity is as small a compliment as decency can pay to the religion of any country, and a regard to health will prefer the after to the forenoon service at this season of the year, as the fire in the stoves has had then time to produce a greater effect in warming the house. I saw no- 364: THE TROUBLE WITH ALGIERS. [1791 body this day, but received a letter from home by Colonel Cook. JwnvMry 3d. — Being Monday, I attended at the Hall early on a committee respecting the settlers on the "Wabash and Mis- sissippi. The business being tedious, the committee agreed to meet to-morrow morning at ten o'clock. We had a commnnicar tion from the President with some nominations, and one from the Representatives respecting the Algerines. It was from Jefferson. It held out that we must either go to war with these piratical states, compound and pay them an annual sti- pend, and ransom our captives, or give up trade. The report seemed to breathe resentment, and abounded with martial esti- mates in a naval way. We have now fourteen unhappy men in captivity at Algiers. I wish we had them relieved, and the trade to the Mediterranean abandoned. There can be no chance of our wanting a market for our produce. At least, nothing of the kind has yet happened. This day the Bank bill reported. It is totally in vain to oppose this bill. The only useful part I can act is to try to make it of some benefit to the public, which reaps none from the existing banks. January Jfth, Tuesday. — Attended early on the committee on the Wabash bxisiness. I could not help remarking the amazing predilection of the New England people for each other. There was no room for debate, but good sense and even Demonstration herself, if personified, would be disregarded by the wise men of the East if she did not come from a New England man. The several bills were read this day, and business proceeded in the usual routine without any debate of consequence. It was levee day. I dressed and did the duty of it. Handed a petition of Mr. Adlum's to Major Jackson. Nothing else of consequence happened. This petition business carried me there, and now I think, unless I am somehow called on, I will never see them more. January 5th, Wednesday. — Attended early at the Hall to meet the committee, but they let me sit an hour without at- tending me. Strong had not made his draft of a report and was busy at it in the Secretary's office, and Elsworth would do Jan. 5] AVARICE AND AMBITION IN POLITICS. 365 nothing without him. But at last both drafts, Strong's and mine, were produced. I was ready to condemn my own when there was a shadow of objection, but even this conduct would not excite a particle of candor. I, however, cared but little, and was so well guarded that the smallest semblance of discon- tent did not escape me. General Dickenson came in. He took me to one side. " You have," said he, " enemies in this place. I dined yesterday with the Governor. He is your enemy. He said you will be hard run, and mentioned Smilie as being your competitor." I thanked him for the communi- cation, nor could I do less, however indifferent I might be as to the event. And now it is evident what plan has been chalked out at Boyd's. My brother overheard Matthew Irwin tell Findley that he (Findley) could command anything in the power of the people ; that another man, whom my brother believed to be Smilie, could not do it so certainly ; therefore, that Findley must depend on the people and the other one on the Legisla- ture. Mr. Kenedy told my brother that Maclure wanted much to be in the Bepresehtatives, and the arrangement of districts •which Findley read over at our lodgings plainly pointed out a nest for Mr. Lane — Franklin, Bedford, Mifflin, Huntington, and Northumberland Counties. Maclure is all-powerful in Franklin and Bedford, and has a son living and a considerable party attached to him in Huntington, so that the patriotism of all these three champions for hberty resolves itself into pro- viding places for their accommodation. I could add more names, evidently abstracted by the same principles, but the shortest way of completing the category is by determining the rule general, for I candidly confess I know not an exception among the present political figments of Penn- sylvania. Avarice and ambition are the motives, while the cry of patriotism and the interest of the people are used as the ways and means of advancing their private ends. This pe- culiar malady is not peculiar to Pennsylvania. It is the disease of all popular governments. Nor does the fault seem to be in Nature. She certainly at all times produces stores of candid and ingenious characters ; but these, generally modest And un- assuming, are passed by in the ferment of popular elections, ^' 366 DINNER WITH MR. BINGHAM. [1791 while the fiery and forward declaim on general grievances and pour forth their promises of redress. It is thiTS that ambitions men obtain the management of republics, and to this cause is, perhaps, owing their fall and declension throughout the world, for no selfish, ambitious man ever was a patriot. January 6th, Thursday. — Nothing of consequence to the continent was transacted to-day, unless it was the report of the committee on the Algerine affair. The amount of it was : First. The trade of the American States in the Mediter- ranean can not be supported without an armed force and going to war with them. Secondly. This ought to be done as soon as the Treasury of the United States will admit of it. It is evident tliat war has been engaged in with the Indians on the frontiers in rather an unadvised manner, and it is also evident that there is a wish to engage us in this distant war with these pirates. AU this goes to increase our burdens and taxes, and these in a debate of this day were called the only bonds of our Union. I will certainly oppose all this. Dined this day with Mr. Bingham. I can not say that he affects to entertain in a style beyond everything in this place, or perhaps in America. He really does so. There is a pro- priety, a neatness, a cleanliness that adds to the splendor of his costly furniture and elegant apartments. I am told he is my enemy. I believe it. But let not malice harbor with me. It is not as "William Maclay that he opposes me, but as the object that stands in the way of his wishes and the dictates of his ambitions, and on this principle he would oppose perfection itself. January 7th. — Attended at the Senate as usual. "We re- ported a bill for the Wabash and Illinois donation. Sundry other things were done in the usual routine of business. The Kentucky bill was taken up. I considered it so imperfectly dra-wTi with respect to what were to be the boundaries of the new State that I opposed it, and there was much altercation on the subject, but entirely in the gentlemanly way. It ended in a postponement, with the consent of the Virginia member, Mr. Monroe. Mr. Morris stayed out all the time of the debate. "When Jan. 8] LETTER TO JOHN HARRIS. 367 the Senate adjourned he asked me to go and eat "pepper-pot" with him. I agreed, and accordingly dined with him en fomhille. I can not believe that he is my enemy with respect to my re-election ; the thing is impossible. I chatted with the family till nearly dark, and came home, as I had an opportu- nity, with Mr. Hanna. The human heart really is a strange machine. I certainly have severely felt the inconvenience of being from home these two years past, and my judgment plainly tells me that I am wrong in having submitted to it. Further, I can not help knowing that my re-election, with no friends and many ene- mies, is impossible ; and yet, under all these circumstances, the man who expresses favorable wishes is by far the most accept- able to me. But upon the whole this is right. Good ought to beget gratitude ; but oh, what a recollection is it that imder such circumstances I am independent, or, in other words, that my manner of living has always been within my means ! A letter to Mr. Harris [the founder of Harrisburg, Penn- sylvania] : Philadelphia, Jcmua/ry 8, 1791. Deak Sie : Agreeably to your request I send you by Mr. Hanna £61 : 14 : 6 in State money of 1Y86, and 3,200 dollars in post notes of 100 dollars each, being 1,200 pounds; the whole amount which I received for your certificates was 1,2*75 : 13 : 5. The present remittance leaves a balance of £Y5 : 13 : 5 in my hands, from which deduct £9 : 15 : paid for carpet, and £10 : 15 : 11 paid for groceries : iE75:13: 5 £55: 3: 6 This leaves a balance of £55 : 2 : 6 of your money in my hands, agreeably to an account current which I inclose. This balance I will pay you at any time. As for newspapers and other occurrences I refer you to Mr. Hanna for them. The bills are all inclosed to you, and one which I paid to Edward Brooks, not put into my account, as you gave me four dollars for this purpose. I am sir, vrith much regard, your most obedient servant, W. M. 368 THE BANK BILL TAKEN UP. [1791 I added a considerable deal more to my letter, and sent the $3,200 and the State money, £61 : 14 : 6, along with Mr. Hanna, who set off on Sunday morning. I find that Mr. Ilanna or I made a mistake, and he has a note of $1.T0 in- stead of $100. I have sent the note of $100 by Bobby Harris. This only lessens the balance I owe Mr. Harris to the value of the small note 13s. 6d. £55: 2:6 Less, 13:6 Balance, £54: 9:0 January 9th, Swndwy. — The most disagreeable of any day. this year. I, however, went to meeting, and the consequence was a cold. Wrote letters to my family, and spent the after part of the day at home. January 10th, Moncia/y. — Attended at the HaU as usual. The Bank bill was the order of the day. I did not embark deeply, but was up two or three times. The debates were conducted in rather desultory manner. The objectors were Izard, Butler, and Monroe. A postponement took place. January 11th, Tuesday.— The Bank bill taken up, and the debates became rather more close and interesting. I was up several times, but the debates were rather on collateral points than on the substance of the bill. The ostensible object held out by Butler and Izard were that the public should have all the advantages of the bank ; but showed no foundation for this, no system, no plan or calculation. They were called on to show any, and were promised support if they could show any practicability in their system. Till after three o'clock was the matter agitated, and a postponement broke up the business of the day. January 12th, Wednesday. — The Bank bill was the busi- ness of this day, but Monroe called for a postponement of the subject, and succeeded. A bill was now called up respecting consuls and vice-consuls. This bill was drawn and brought in by Elsworth, and, of course, he hung like a bat to every par- ticle of it. The first clause was a mere chaos — style, pream- ble, and enacting clause all jumbled together. It was really unamendable ; at least, the shortest way to amend it was to bring in a new one. Jan. 13] DINNER WITH GOVBRNOE NICHOLSON. 369 This same Elswortli is a striking, instance how powerful a man may be in some departments of the mind and defective in others. All-powerful and eloquent in debate, he is, notwith- standing, a miserable draftsman. The habits of the bar and the lists of litigation have formed him to the former ; the lat- ter is in a degree the gift of Nature. I dined this day with Mr. I^icholson. The company : Mr. Montgomery, Smilie,. B. McClenachan, T. Smith, Kittera, Hamilton, and others. Desultory conversation on a variety of subjects. I left them, for, from some hints, it seemed as if they meant to discourse of the appointment of a Senator, etc. A thought passed my mind that Mcholson, who has often ex- pressed approbation of my conduct, had some hand in it. But I will not disgrace myself in this business. Circumstanced as I am, all the caballing and intrigue I could exercise would not be effectual. And suppose me successful, what am I to gain ? Pain, remorse, vexation, and loss of health ; for I verily be- lieve that my political wrangles have affected my corporeal feelings so as to bring on, in a degree, my rheumatic indispo- sition. It is a melancholy truth, but I see plainly that even the best men will not emerge to office in republics without submitting, either directly or indirectly, to a degree of in- trigue. It is not, perhaps, so much the case in monarchies, for even tyrants wish to be served with fidelity. Sed ubipJ/u- rima notent non ego paucis offendar macuUs. January 13th, Thursday. — This day the Bank bill was de- bated, but in so desultory a manner as not to merit the com- mitment of anything to paper. This day I dined with General Dickenson, As I went there I fell in with Mr. Morris. He told me that Bingham had informed him great discontents prevailed in the General Assembly, and that they were about to instruct their Senators. He added that he was sure that Bingham had a hand in it. The dinner was a great one, and the ladies, only three of whom attended, were richly or at least fashionably dressed. Nothing remarkable. I sat between two merchants of con- siderable note. I broached the subject of the bank, and found them magnetically drawn to the contemplation of the moneyed interest. 34 370 CONFUSION IN THE SENATE. [1791 January ^th, Friday. — This day the bank engaged us to the hour of adjournment. It was limited to twenty years. Mr. Morris had yesterday declared that the public ought to sub- scribe on the same terms as other individuals. It was not so in the bill. I showed him an amendment to this purpose, and asked him to support me in it. He said Schuyler had told him that Hamilton said it must not be altered, but concluded. I will speak to Hamilton. Adjourned over till Monday. JoMuary 15th, Saturday. — This was a very disagreeable day. I stayed at home and read Price on Annuities. I find he establishes an opinion which I had long entertained that women are longer-lived than men. This I used to charge to accidents and intemperance. But he goes further, and seems to place it in nature, as more males than females die in infancy. January 16th, Sunday.- — Went to meeting and caught some cold, as usual. Spent the residue of the day in reading. Janua/ry 17th, Monday. — This day Mr. Morris stayed very late. Langdon came and complained of him. " This is always his way. He never will come when there is any debate." He, however, came. I asked him whether he had called on Hamil- ton. !No. I said I had a mind to move a recommitment, that the Secretary of the Treasury might be consulted and furnish the committee with calculations on this subject, as I had no doubt but he had such. He said he would move such a thing, but did not. The question was put on the clause. Several said ay. I got up ; spoke longer than I intended ; and made such a motion, but my colleague did not second me. I was seconded by Butler. And now such a scene of confused speeches followed as I have seldom heard before. Every one affected to understand the subject, and undervalue the capacities of those who dif- fered from himself. If my mental faculties and organs of hearing do not both deceiA^e me, I really never heard such conclusions attempted to be drawn. I wanted some advantage to the United States. They were to subscribe two millions specie. Elsworth repeatedly said they were to do this only as a deposit, and I am convinced he wanted to deprive the pub- lic of all advantage save that of safe keeping and convenience in collecting which they could derive from the banks in ex- Jan. 18] DEBATE ON THE BANK BILL, Sll istence as well as from any new one. All other persons had the power of subscribing three fourths in public securities. It was contended that this was nothing against the public, although it was admitted on all hands that six-per-cents were now at sixteen shillings in the pound. King, Elsworth, and Strong all harped on this string with the most barefaced ab- surdity that I ever was witness to in my life. "I am now more fully convinced tlian ever before of the propriety of opening our doors. I am confident some gentle- men would have been ashamed to have seen their speeches of this day reflected in the newspapers of to-morrow. . "We sat till a quarter after three, and adjourned without any question being put. I know not whether this fear of taking the question did not arise from some pointed expressions which fell from me. I told them plainly that I was no advocate of the banking sys- tems ; that I considered them as machines for promoting the profits of unproductive men ; that the business of the United States, so far as respected deposits, could be done in the pres- ent banks ; that the whole profit of the bank ought to belong to the public, provided it was possible to advance the whole stock on her account. I was sorry that this at present was not possible. I would, however, take half, or I should rather, in the present case, say one fifth of the loaf rather than no bread. But I must remark that the public was grossly imposed upon in the present instance. "Wliile she advanced all specie, indi- viduals advanced three fourths in certificates, which were of no more value in the support of the bank than so much stub- ble. To make this plain : Suppose the vaults empty, and a note presented for payment : would the bearer take certificates as specie ? No, verily. Besides, the certificates were all under interest already, and it was highly unjust that other paper should be issued on their credit which bore a premium and operated as a further tax on the country. January 18th, Tuesda/y. — This day the Bank bill was taken up again. I feel much reluctance to raimite anything on this subject. I never saw the spirit of speculation display itself in stronger colors. Indeed, the guise of regard for the interest of the public was not preserved. Two millions of 372 MR. MORRIS CONTRADICTS. [1791 specie is to be subscribed in by the public. This is to be the basis of the bank ; and the other subscribers, who are to draw dividends according to their subscriptions, are to pay three fourths in certificates. King evidently wanted, by a side-wind, to exclude the public from any dividend, under an idea which strangely inculcated that the subscription of the public was to be over and above the capital — ten millions — of the bank, and was to be considered as a deposit. A position which resolved itself into this : that the public should find the specie to sup- port the bank while the speculators, who subscribe ahnost wholly in certificates, receive the profits of the -dividends. Morris gave me some marks of his malevolence. "While I was up and speaking and saw well what I said, he said, loud enough to be heard over half the Chamber, "that I was mis- taken." I varied the arguments a little ; took new ground, and after placing them in what I thought an incontrovertible light, I concluded, " Here I am not mistaken." The point on wliich my mistake was charged was my alleging that the Bank of North America wrought but seven hundred and fifty thou- sand dollars. General Dickenson sat by me and was willing to be called on that they wrought but seven hundred and forty thousand dollars — ten thousand dollars less than I had men- tioned. He is, however, a very good-natured man, and I would not call on him. He [General Dickenson] whispered to me : " This day the Treastiry will make another purchase, for Ham- ilton has drawn fifteen thousand dollars from the bank in order to buy, as I suppose." What a damnable villain ! Jcmuary 19th. — My brother went with me last night to the lodgings of Mrs. Bell and communicated to her the news of the death of her father. She manifested the most un- bovinded grief, so as to give distress "to the bystanders. Death, Death, thoii art a solemn messenger, and will take us all in ro- tation ! But let me pause. Wliat art thou ? I have been so ill that I would have swallowed thee in an anodyne. Yes, when our joys leave us, when pain possesses all our feelings, thou art the grand composer of all our miseries, the last potion in the cup of life ; and surely it need not be called a bitter one, for none ever complained after swallowing the draught. How little of the sweet and how deeply dashed with gall is Jan. 20J DANGER IN THE BANK BILL. ^13 the diet of life ! Passes there a day in which we taste not of it? This day the Bank bill passed all through. The last clause was caviled at. Tt supported it on the principle that any law containing a grant of any kind should be irrepealable. Laws touching the regulation of morals, manners, or property, are all made on the principle of experiment and accommodation to time and place ; but when legislators make grants the deed should remain inviolate. Three opinions prevailed in the Sen- ate respecting this bill ; or rather, I should say, three motives of action. The most prevalent seemed to be to accommodate it to the views of the stockholders who may subscribe. The Potomac interest seem to regard it as a machine which, in the hands of the PhUadelphians, might retard the removal of Con- gress. The destruction of it, of course, was their object. I really wished to make it as subservient to the public as possi- ble. Though all professed this, yet I thought few gave them- selves any trouble to promote it. I can not help adding a sincere wish that the integrity of the directors may make amends for the want of it in many of the legislators who enacted it. For, in the hands of bad men, it may be made a most mischievous engine ; but, indeed, so may even the best of human institutions. Jamua/ry 20th. — The business of this day was the third reading of the Bank bill. The same questions were agitated over again, but without heat. It was moved to reduce the limitation to ten years. I at one time thought this long enough, but I conversed on the subject ■with every moneyed man I could find, and they uniformly declared that they would not subscribe on so short a period, and the consequence would be that they would all join in supporting the old banks and bear- ing down the national one. I sincerely Avish to derive a bene- fit to the public from the bank ; and considering that the pub- lic are, in this respect, in the hands of the moneyed interest, I thought it best to agree to such a bargain as we could make, and accordingly voted against this motion.* Accident threw me in the comjjany with these men, but I abhor their design * The motion to limit the term of the bank to the year 1801 instead of 1811. 374 DINNER WITH WASHINGTON. [1791 of destroying tlie bank altogether. Mr. Morris came very late this day — indeed, not until all the business was over — but he desired leave to have his vote inserted on the minutes, which was granted. Dined with the President this day. Sundry gentlemen m.et me at the door, and, though I rather declined, they pushed me forward. After I had made my bows and was incHning toward a vacant seat, the President, who rose to receive me, edged about on the sofa as he sat down, and said, "Here is room." But I had put myself in motion for another vacant seat. A true courtier would have changed, but I am not one, and sat on the opposite settee or sofa mth some New England men. At dinner, after my second plate had been taken away, the President offered to help me to part of a dish which stood before him. Was ever anything so unlucky ? I had just be- fore declined being helped to anything more, with some ex- pression that denoted my having made up my dinner. Had, of course, for the sake of consistency, to thank him negatively, but when the dessert came, and he was distributing a pudding, he gave me a look of interrogation, and I returned the thanks positive. He soon after asked me to drink a glass of wine with him. This was readily accorded to, and, what was re- markable, I did not observe him drink with any other person during dinner ; but I think this must have been owing to my inattention. Giles, the new member from Virginia, sat next to me but one. I saw a speech of his in the papers, which read very well, and they say he delivers himself handsomely. I was, therefore, very attentive to him. But the frothy manners of Virginia were ever uppermost. Canvas-back ducks, ham and chickens, old Madeira, the glories of the Ancient Dominion, all fine, were his constant themes. Boasted of personal prow- ess ; more mcmual exercise than any tnam, in New Englarid ; fast but fine living in his country, wine or cherry bounce from twelve o'clock to night every day. He seemed to prac- tice on this principle, too, as often as the bottle passed him. Declared for the assumption and excise, etc. He is but a young man, and seems as if he always would be so. But after this digression let me turn to the unexpected in- Jan. 21] THE PRESIDENT REVIEWED. 375 cident of dining with the Pi-esident and his marked attention to me. He knows the weight of political odiiun nnder which I labor. He knows that my imif orm opposition to funding sys- tems (at least to onrs), assumptions, high compensation, and ex- pensive arrangements have drawn on me the resentment of all speculators, public creditors, expectants of office, and courtiers in the State. There is another point which, I presume, he does not know, viz., that I will receive no support from the JRepubli(Jan or opposition party, for there is not a man of them who is not aiming at a six-dollar * prize, and my place is the best chance in the wheel. But he knows enough to satisfy him that I will be no Senator after the 3d of March, and to the score of his good nature must I place these attentions. Be it so. It is, at least, one amiable trait in his character. I have now, however, seen him for the last time, perhaps. Let me take a review of him as he really is. In stature about six feet, Avith an unexceptionable make, but lax appearance. His frame would seem to want filling up. His motions rather slow than lively, though he showed no signs of having suffered by gout or rheumatism. His complexion pale, nay, almost cadaverous. His voice hollow and indistinct, owing, as I be- lieve, to artificial teeth before his upper jaw, which occasioned a flatness of — [The following leaf, on which the rest of this description was written has been torn out and is lost.] January Slst, Friday. — This was a day of no great busi- ness in the Senate. Colonel Gunn, of Georgia, wanted copies of the secret journal. Much talk passed about his application. He was, however, gratified. In fact, we have never kept our journal agreeable to the Constitution. All the executive part has been kept secret without any vote for it. A committee is, however, appointed, and the matter will hereafter be under regulation. We received some lengthy communications from Captain O'Brien and the prisoners at Algiers. A committee of the Senate sOme time ago recommended a war with them. War is often entered into to answer domestic, not foreign purjDOses. * The Senator's pay being six dollars per day. 376 THE INDEPENDENT YEOMANRY. [1791 I fear snch was the design of the present report. It was even talked how many ships should be fitted out and of what force. But O'Brien seems to show plainly that a peace may be ob- tained on easy terms by furnishing them naval stores. "We have it plainly also from his letters that the French, Danes, and, above all, the British, have done us all the injxiry in their power with the Algerines. In fact, all who are at peace with them are decidedly against ns, and have done us all the dis- service they could. The former report was committed and these referred to them. Mr. Morris came late and left us soon. "We adjourned at aboiit half after two o'clock. George Eemsen, one of the clerks of the Treasury, returned from New York, where he had been sent by the Secretary [Hamilton]. Among his let- ters he pointed to a packet and said it contained ninety thou- sand dollars. How can I help believing that speculation was the object of his journey ? January 22d, Saturday. — The Speaker of the House of Eepresentatives called on me yesterday ; asked me to go and visit with him this day. I agreed, and called at his house about ten. He was, however, gone. His House sat this day, and this will be his excuse. I went to the Chamber of the State Eepresentatives. The resolutions against the excise were the order of the ■ day, and were passed by a great majority. The arguments were not important nor striking. Some ill- nature was expressed by Mr. Findley against a Mr. Evans. I feel a sincere pleasure that so much independence has been manifested by the yeomanry of Pennsylvania. Indeed, I am fully satisiied that, if a spirit of this kind was not mani- fested from some quarter or another, our liberties would soon be swallowed up. I trifled away the rest of the day. Much as was said in the Chamber of Representatives, they seemed totally ignorant of the principle that seems to actuate the adherents of Ham- ilton. Taxes originally flowed from necessity. "Ways and means follow contracted or unavoidable expense. Here the system seems reversed. The ways and means are obvious to every reader of a registry of European taxes. "We have heads, we have slaves and cattle, and every article of European or Jan. 33] DINNER WITH ROBERT MORRIS. Z11 Asiatic convenience or luxury is used among us. The diffi- culty is to iind plausible pretext for extending the arm of taxation and ways and means to consume the collected treas- ures, and the reigning party seem to consider themselves as wanting in duty if the fiscal rent-roll should fall short of the royal revenues of England. January 23d, Sunday. — I had fairly devoted this day to my family in the way of writing letters, but, just as I had adopted the resolution, a message was brought me from Governor Langdon to go with him to meeting. Tliis I could not refuse. Before I was half dressed I received a polite note from Mr. Morris to be one of his friends at a family dinner, and this I could not refuse ; and, before I had quite dressed, Langdon called on me. We attended at Arch Street meeting. Dined with Mr. Morris. The company: Judge Wilson, Governor St. Clair, General Butler. General Irwin was ex- pected, but did not come. We were sociable, and I sat later than I usually do. Mr. Wallis came into town this evening, but brought no letters, and now I hear that Charles Smith set off this day for Sunbury without giving me an opportunity of writing, or at least without my knowing of his departure. It is not hand- somely done of either of them. But somebody else will do them a dirty trick ; God forbid it should be my luck to do it ! I had told the Treasurer [Hamilton] some time ago that I wanted to sell him some stock. When I came home from meeting I found a note from him importing that he would buy to-morrow. This, in a great measure, confirms my former suspicions with respect to the Treasury. 378 THE TEN MILES SQUARE. [1791 CHAPTER XIV. EELATIONS WITH FEANCE AND THE EXCISE. January 2Jf.th, Monday. — This day voliuninous commu- uications were introduced by Secretary Lear. A volume of a letter from a Dr. O'Fallou to tlie President, avowing tlie rais- ing of a vast body of men in the Kentucky comitry to force a settlement with the Yazoo country ; the state of Indian affairs both in the soiithern and government northwest of the Ohio ; the translation of all which was a want of more troops. But the most singular of all was a proclamation for run- ning lines of experhnent for the ten-mile square. The message accompanying the proclamation calls for an amendatory law, permitting the President to locate lower down and to lay half of the square in Yirginia. This seems like unsettling the whole affair. I really am surprised at the conduct of the President. To bring it back at any rate before Congress is certainly the most impnident of all acts. To take on him to fix the spot by his own authority, when he might have placed the three commissioners in the post of responsibility, was a thoughtless act. I really think it not improbable that Oppo- sition may find a nest to lay her eggs in from the unexpected manner of treating this subject. The general sense of Con- gress certainly was that the commissioners should fix on the spot, and it may be a query whether the words of the law will warrant a different construction. The commissioners are now only agents of demarkation, mere surveyors to run four lines of fixed courses and distances. Sold my stock, six-per-cents at seventeen shillings four- pence, deferred, and three-per-cents at nine. January ^5th, Tuesday. — Had this day another hearing Jan. 26] POLITICS AND OYSTER SUPPERS. 379 at the Board of Property. I really have suffered persecution on this affair. Eowle, my adversary, did not appear, and Daniel Eees called about dinner-time to tell me that Eobert Vaux Coots had been told of my cheating a man out of a tract of land after it had been surveyed to him. I really have had < my share of trouble with this business of Senator, and it would be well for me if I were fairly and honorably out of it. Mr. Brown, of Northampton, called on me and told me that Muhlenberg was very busy in giving oyster-suppers, etc., and seemed to think that I should go more among the mem- bers, etc. I find I will offend him and some others if I do not. But it is a vile commerce, and I detest this l?east-wor- shiping. How melancholy a thing it is that the liberties of men should be in the hands of such creatures ! I can not call them men. But Brown seemed to think that Muhlenberg had made an impression on the Governor, or some of them. Be it so. Such arts have prevailed and will prevail, but the day of my deliverance draweth nigh. The 4th of March is not dis- tant from the different schemes and parties that are formed and the want of any fixed form or mode of election. I can not think the choice will be made before that time ; and let them affront me if they find me here afterward. January ^6th, Wednesday. — I never in my life had more distressing dreams than last night. But I received imaginary relief from my visionary perplexities, and the emotion was so great as to awaken me. The agitation I underwent was so ex- treme that my head ached for some time after I awoke. This I may charge to the vexation of yesterday. I went and called on a number of the members of the As- sembly and [State] Senators. All seemed fair and smooth. Some of them, indeed, expressly said that they would support me at the coming election, believing that to be the object of my visit, as in some measure it was. Sed nulla fides fronti may be applied to many of them. The bill for regulating consuls and vice-consuls had the second reading this day. A letter from the National Assem- bly of France, on the death of Dr. Franklin, was commu- nicated from them and received with coldness that was truly amazing. I can not help painting to myself the disappoint- 380 PLEAS FOR A STANDING ARMY. [1791 ment that awaits the French patriots, while their warm fancies are figuring the raptures that we will be thrown into on the receipt of their letter, and the information of the honors which they have bestowed on our countrymen, and anticipat- ing the complimentary echoes of our answers, when we, cold as clay, care not a fig for them, Franklin, or freedom. Well we deserve — what do we deserve ? To be d d ! CUKES FOE EHEUMATISM. 1. A teaspoonful of the fl.our of brimstone taken every morning before breakfast. General St. Clair and Mr. Milli- gan both relieved by it. Note. — They are both Scotchmen. 2. AsafcEtida laid on burning coals and held to the nose. Mr. Todd greatly relieved by this. 3. Cider in which a hot iron has been quenched. This has relieved many, though cider is to many people very hurtful in that disorder. Jcmuary 27th. — This day communications were received from the President of the United States relating to the Indian depredations. A post on the Muskingum cut off. The wishes of many people are gratified to involve us in war. To involve us in expense, at any rate, seems to be the great object of their design. It, perhaps, would be unjust — perhaps cruel, too — ^to suppose it. But had a system been needed to involve us in the depth of difficulty -wdth the Indians, none better could have been devised. Last year, at New York, much altercation happened, whether a discrimination in the duties of tonnage should not be made in favor of foreign nations in treaty with us. This measure was lost, although, in my opinion, a just one. The court of France remonstrates against the duties, expecting favors as a nation in treaty. Some gentlemen, on receiving the communications, affected recantation pubhcly, and by these very means obtained themselves to be put on the com- mittee. This day they reported against the claims of France. I have hitherto attended only to the part acted by some persons whose conduct, from appearance, is not very consist- ent. I called on Otis for the papers. He said Butler got them and had given them to one of the Representatives. A Jan. 29] THE EXCISE BILL. 381 minute after I saw them in the hands of Mr. Dalton. But Otis is really so stupid that I know not whether he lied or blundered. "When the matter of no discrimination was carried in Con- gress, in our first session, I could hardly suppress a thought, ^ which I felt ready to spring up in my mind, that some person wished to destroy the confidence between us arid France, and bring us back to the fish-pots of British dependence. This I charge to the influence of the city of New York, but Phila- delphia has not altered the tenor of their political conduct. Elsworth could not rest a moment all this day. He was out and in, in and out, all on the fidgets. Twice or thrice was an adjournment hinted at, and as often did he request that it might be withdrawn, expecting the Excise bill to be taken out. But he had to bear his impatience. Three o'clock came before the bill. I can see that he will stand foremost in the gladia- torial list. Jmvua/ry 28th, Friday. — ^Much crowded this morning with people with whom I had not much to do. Had to call at the Board of Property. 'Twas the usual time before I went to the Hall. The Excise bill came up ; but oh, what a mistake ! It is only a bill for discontinuing certain duties and laying others in their stead. The odious name is omitted, but the thing is the same. It was read and ordered to the press. I went to the Senate of -the State to hear the debates on the resolutions. But they were postponed. Beturhed to our Chamber, and the report of the committee on the difference Avith the court of France was taken up. Almost everybody gave it against the French demands. I differed from them on some points, but, as I could not obtain a sight of the papers, I joined in the motion for a postponement, which was carried. JomvMry 29th, Saturday. — Called twice this day at the office of our Secretary to get the French papers. Otis says Carrol took them away, but there is no believing a word he says. Went to hear the debates in the State Senate. The resolutions for instructing the Senators had been postponed yesterday expressly for the purpose of obtaining a sight of the bill, which is in its passage through Congress. But the same men pushed for a decision this day. The State has now an 382 FUNERAL OF JUDGE BRYAN. [1791 opportunity of seeing the benefit of two Houses. The divis- ion was nine to eight. The yeas and nays were called. Graff, of Lancaster, was going home. This was the reason for push- ing the vote this day. Assemblymen and Senators may be equally considered as representatives of the people. From the division of the two Houses the voice of the people appears to be unequivocally against an excise. January 30th, 8vm,day. — Not very well this day, and stayed at home most of the day. "Went in the evening to the funeral of Judge Bryan. This man rests from his labors, but the tongue of malevolence resteth not, so inhumane are many of the citizens of this place as to speak of his decease with joy. Biit the anodyne of death hath spread her mantle over him. He was said to be spiteftil and revengeful ; his enemies were not less so, and he had the qualities of industry and love of freedom. He was the father of the Abolition. laws. Jcmuary 31st, Monday. — The Excise bill read a second time ; but, the bill not being in our hands, it was made the order of the day for "Wednesday. The affair of the French discontents taken up. God for- give me if I wrong some people, but there certainly have been more censorious conclusions than to charge some people vsdth a design of breaking our connection with France ! I called on Friday ; I called twice on Saturday. Otis hed basely about the papers, and I have never got my eyes on them. When or how will all these mad measures lead us ? "We have it ever in our ears that the present General Government (with respect to the persons who compose it) contains the col- lected wisdom and learning of the United States. It must be admitted that they have generally been selected on account of their reputation for knowledge, either legal, political, mercan- tile, historical, etc. IS'ewspapers are printed in every corner. In every corner ambitious men abound, for ignorance or want of qualifications is no bar to this view. Thus, then, the Tylers and Jackstraws may come in play, and talents, experience, and learning be considered as disqualifications for office ; and thus the Government be bandied about from one set of pro- jectors to another, till some one man more artful than the rest, Feb. 3] FOR AN ARMY AND NAVY. 383 to perpetuate their power, slip the noose of despotism about our necks. 'Tis easy to say this never can happen among a virtuous people ; ay, but we are not more virtuous than the nations tliat have gone before us. February 1st, Tuesday. — This day I had much to saj? against the report of a committee which went to declare war against the Algerines. It is not suspicion that the designs of the court are to have a fleet and army. The Indian war is forced forward to justify our having a standing army, and eleven unfortunate men, now in slavery in Algiers, is the pre- text for fitting out a fleet to go to war with them. While fourteen of these captives were alive, the barbarians asked about thirty-five thousand dollars for them ; but it is urged that we should expend half a million dollars rather than redeem these unhappy men. I vociferated against the measure, and, I suppose, offended my colleague. This thing of a fleet has been working among our members all the session. I have heard it break out often. February 2d, Wednesday. — The Excise bill read over and remarked on and committed to five members. I gave notice that I would endeavor to show that a much lower duty would answer the demand of the Secretary. I spoke to sundry of the members to second a general postponement for the session, but not a man approved of any such thing. Dined this day with Mr. Burd. Lewis was there ; Eowle was there ; old Shippen was there. I endeavored to be easy, but coiild not be sprightly. From the circle of the universe could not be collected a group who have manifested equal malignity to me personally as I have received from the above characters. May they never have it in. their power to do unto others as they have done unto me ! Februa/ry 3d, Thursday. — This was an imimportant day in the Senate ; no debate of consequence took place. I was called off the street to dine with a Quaker at about two o'clock. As he seemed very friendly, I went and ate heartily of a good dinner, and was perfectly easy ; much more than I could say of the great dinners where the candles are ready to be brought in with the going out of the last dishes. This high life is really very distant from nature. All is artificial. 384 THE NEW ENGLAND FISHERIES. [1791 I neglected sundry small matters and went in the evening to the meeting of a society formed lately for promoting the improvement of roads and inland communications. Dr. Smith is at the bottom of this business. His object is to consolidate the report of the commissioners who have lately reviewed the communications on the Susquehanna, Juniata, etc., at least so far as to bring forward the Juniata only. In this business Findley is joined with him, and a dirty pair they are. I at- tacked the proceedings of the committee who drew up the memorial with perhaps more eagerness than prudence. I had, however, some success. My old friend showed some malig- nity. From the drift of chaff and feathers you know how the ■winds blow, says the proverb ; much more so if you see ships sail or trees come down with the blast. Yesterday Ryerson, the devoted creature of Mr. Morris, put up a nomination of William Findley for Senator in my room. They will be easy when they get my place, and I trust I will be easier without it than with it. What is the reason that I do not hear a single word from Harrisburg, not a word from Davy, not a word from Bob, not a word from the old man ? I will give myself no trouble about them, or as little as I can help. February J^th, Friday. — This day we had a large report from the Secretary of State transmitted to us from the House of Representatives respecting the fisheries of New England. The great object seems to be the making them a nursery for seamen, that we, like all the nations of the earth, may have a navy. We hear every day distant hints of such things as these ; in fact, it seems we must soon forego our republican innocence, and, like all other nations, set apart a portion of our citizens for the purpose of inflicting misery on our fellow- mortals. This practice is felony to posterity. The men so devoted are not only cut off, but a proportionate share of women remain unmatched. Had the sums expended in war been laid out in meliorating the kingdom of England, or any other modern Government, Avhat delightful abodes might they have been made ; whereas war only leaves traces of desolation ! Dined this day with Charles Biddle. He has some point to carry with the State government, as I believe, and the din- Feb. 6] WORK ON THE EXCISE BILL. 385 ner may be on account of my brother. The company were mostly members of the Legislature. I must here note of our Vice-President that he this day hurried the adjournment for to-morrow at eleven o'clock. All this is plain. He is deep in the cabals of the Secretary [Ham^- ilton]. The Secretary sat close with the committee on the Excise bill. Every moment it was expected they would re- port, but so anxious are the Secretary's party to have it passed that even John Adams, who used to show as much joy on an adjournment from Friday to Monday as ever a school-boy did at the sweet sound of play-time, fixed the House to meet to- morrow. February 5th, Saturday. — The Senate met. I found Ham- ilton with the committee who had the Excise bill in their hands. We sat and sat and sat, but no report. I had busied myself in getting a return of the number of stills from the different members of the Assembly. I went to the door of the com- mittee-room to use it in argument with them, but, finding Hamilton still with them, I returned. Mr. Morris took the paper and went in, and I suppose no further use was made of it. He, however, restored it again. The report on the fish- eries by Jefferson was directed to be printed. No report from the committee. It was agreed to, that powers of the inspectors should extend only to the importa- tions and distillations, but I find Hamilton will have even to modify this to his mind. Nothing is done without him. I have been troublesome in my speeches against the excise. Upon general principles it is equally exceptionable as a poll-tax. Wealth is not its Only object. The mouth of one individual may be supposed to consume as much liquor as another ; any difference is rather in favor of the most costly, imported liquors. It is a tax oral, and has only this advantage over the poll-tax, that you may refrain from using yonr mouth in dr ink- ing liqi]|or. With some people this is as impossible as to do without jjjsad.... ™'~~~™"~~^-"-'=^-^^^^^^^^.:;i^^ ""V^rua/ry 6th, Sunday. — Attended meeting and wrote let- ters to Harrisburg and home to my family. On the 3d of March Congress will rise. I have written for my mare to be here against that day, and from ^deceit, dissimulation, and am- 25 386 QUARRELING WITH PRANCE. [1791 bition ; from mere artificial life, whence both truth and sin- cerity are banished, I will go and meet nature, love, affection, and sincerity, in the embraces of my wife and dear children. February 7th. — Attended at the Hall. Mr. King made one of his curious stretches. He said the minutes were wrong and he wished to correct them. The report, which was or- dered to be printed on Saturday, he wished to be postponed to the 28th of December next, and corrected the minutes of Saturday to read so. This same Eang is a singular man. Under the idea of correcting the minutes he introduces mat- ter totally new. It is not correcting matter of form, but total alteration and adjection of new matter. I opposed him, and certainly he ought to be ashamed of the measure ; and yet it was carried, but amended afterward and placed nearer the truth. There certainly is a design of quarreling with France, and that Jefferson should seem to countenance this ! What can this mean ? I am really astonished at all this. I think I must be mistaken, and yet to think so is to disbelieve my senses. And what can I do ? I have attempted everything and effect- ed nothing, unless it be to render myself an object of aversion. For well indeed speaks the poet : Tniths would you teach, or save a sinking land, All fear, none aid you, and few understand. Februcm/ 8th, Tuesday. — The Senate met. The Appro- priation bill had the last reading. There was a pause about taking up the Excise bill, like people pausing on the brink of a precipice, afraid to take the dangerous leap. However, it was at length attempted, and we blundered to the fourth section. Objections had been made to this section, and it was expected the committee would alter it. They have done so with a ven- geance. It now runs that there shall be an inspector-general over a district, the district to be divided into surveys, and an inspector to be set over each survey, who shall appoint people under him to do the business ; as many of them to be ap- pointed as the President shall think proper, and he shall pay them, too. It is the most execrable system that ever was framed against the liberty ^of a people. This abominable Feb. 9] IMITATING THE EUROPEAN EXCISE. 387 clause was postponed. The members by degrees stole away. The men who did it showed their disapprobation of it in their looks. It is in vain. Our Government can not stand. All my opposition has been considered as vain babbling. But to get quit of it in some degree this business of commitment haS taken place, and how the majority have a kind of scapegoat in the committee, and a pretext for following them and disre- garding opposition under the idle idea of their knowing best, having consulted Hamilton, etc., etc. How abandoned is the conduct of these men ! Abuse, rail at, oilify, and traduce the European systems of excise as much as you will ; demonstrate their absurdity, villainy, and deplor- able efEect on society as much as you please. 'Tis all right. They echo every sentence. " Ours " is no such thing in their language ; quite innocent and harmless. Yet such is the indo- lence of Hamilton and his adherents that they will not even use the guise of different terms or words to conduct the copy. Nor will they stop till, perhaps, as in Britain, ten men may be employed to guard one distillery. February 9th, Wednesday. — Attended at the Hall this day, and was, perhaps, never more vexed. Were Eloquence per- sonified and reason flowed from her tongue, her talents would be in vain in our Assembly ; or, in other words, when all the business is done in dark cabals, on the principle of interested management. The Excise bill is passed, and a pretty business it is. The ministry foresee opposition, and are preparing to resist it by a band, nay, a host of revenue officers. It is put into the power of the President to make as many districts, appoint as many general surveyors and as many inspectors of surveys as he pleases, and thus multiply force to bear down all before him. War and bloodshed are the most likely conse- quence of all this. Congress may go home. Mr. Hamilton is all-powerful, and fails in nothing he attempts. Little avail as I was sxire it would be of, I nevertheless endeavored not to be wanting in my duty, and told them plainly of the precipice which I considered them as having approached ; that the Legislature of Pennsylvania had been obliged to wink at the violation of her excise laws in the western parts of the State ever since the Eevolution ; that, in my opinion, it could not 388 DEBATE ON THE EXCISE. [1791 be enforced by collectors or civil officers of any kind, be they ever so numerous; and that nothing short of a permanent military force could effect it ; that this, for aught I knew, might be acceptable to some characters. I could only answer for myself that I did not wish it, and would avoid every measure that tended to make it necessary. February 10th, Thursday. — I returned home this day from the Senate chamber more fretted and really more off the center of good humor than ever I did in my life. I really was ready to pray, " Lord, deliver us from rascals ! " I can not have charity enough to believe that the prevailing party in our Senate are honest men. Some letters, however, have come in since yesterday from New England, and Strong was wilHng to move the reductions which we wanted. After the bill was read over and ready for the question, Foster, from Rhode Island, moved a reduction of three cents on the distillations from molasses, etc. I rose and seconded him, on condition of his extending the motion through all the distillations in the United States and a reduction to forty cents on the contents of stills. King objected to the lessening of the ratio, as productive of deficiencies in the revenue demanded. I showed, in an- swer, that the importation into the port of Philadelphia, and the smns expected from the stills in this State, would go in a great way toward raising one half of the eight himdred and twenty-six thousand dollars demanded by the Secretary. Elsworth answered, with rudeness, that I was mistaken ; that the Secretary demanded a million and a half. I replied by reading part of the Secretary's report, which confirmed the position I had made, and repeated my other arguments. He did not reply. This man has abilities, but abilities without candor and integrity are characteristics of the devil. At half after three the question was ready to be put. Henry, of Maryland, told me he had a bet depending with Butler on the division of the House, and desired the yeas and nays. I needed not this excuse, and called sharply for the yeas and nays. With all their strength, they were startled; and up got King, and round and round and about and about ; one while commit ; then recommit ; then postpone. Els- Feb. 11] TO BREAK UP STATE BOUNDARIES. 389 worth, too, had the world and all to say ; and now, in fact, they are afraid of the figure they have raised ; and the fourth section was recommitted. This Whole day Mr. Morris was dead against me in the voting way ; sat quite away back from me, but spoke none, either way. Fehruwry 11th. — I find this day that the reason for recom- mitting the Excise bill yesterday was to enable Hamilton to come forward with some new schemes. Three new clauses were brought forward, and all froni the Treasury. The ob- noxious one (to me at least) was the putting it in the power of the President to form districts by cutting up the States so as to pay no respect to their boundaries. This was curiously worded. For fear of the little States taking any alarm, it stood by adding " from the great to the lesser States." This they got adopted. And having been successful so far. King got up and talked about it and about it. He wanted the United States divided into a number of districts, independent of any of the State boundaries. Like an Indian at the war- post, he wrought himself into a passion ; declared that we " had no right to pa/y any more attention to the State iound- aries than to the houndaries of the Cham of Tartam/P "Wlien he had spent his froth on this subject, up got Els- worth and echoed most of what he said, but said he wished only three great districts, alid the President might subdivide each into six. Wlien he had done, up got Mr. Morris and de- clared himself in sentiment with King, and spoke against the conveniency of the State boundaries. Kiiig arose again, repeated his old arguments, and wished for an opportunity for taking a question on the principle of dividing the United States without any regard to their bound- aries. At length, pop out of his pocket comes a resolution. It imported that the United States should be divided into six districts : two east of the Hudson, two from that to the Potomac, and two from that southward, or words to that im- port ; and that the President should subdivide these into sur- veys, etc. This pretty system was, after all, negatived. Annihilation of State government is undoubtedly the ob- ject of these people. The late conduct of our State Legisla- ture has provoked them beyond all bounds. They have ere- 390 ANNIHILATION OF STATE GOVERNMENTS. [1791 ated an Indian war, that an army may spring ont of it ; and the trifling affair of our liaving eleven captives at Algiers (wlio ought long ago to have been ransomed) is made the pretext for going to war with them, and fitting out a fleet. With these two engines, and the collateral aid derived from a host of revenue oflicers, farewell freedom in America. Gently, indeed, did I touch it in argument ; but is not a motion for the destruction of the individuality of the States, treason against the duty of a Senator, who, from the nature of his appointment, ought to be guardian of the State right? The little I said, however, I believe raised a goblin that frightened them from the project, at least for this time. February IMh. — This day we passed the excise law ; a pretty piece of business it is. I found there was an unwilling- ness in many of the members to have the yeas and nays. I, however, called them sharply, and enough rose, and I had the pleasure of giving my decided negative against what I consid- ered the box of Pandora with regard to the happiness of America. The communications came in this morning respecting the Indian affairs, and the bill as ordered to be printed. As we came down-stairs. Dr. Johnson spoke Avith great joy. " No," said he, " all is over, and the business is complete. We have a revenue that will support the Government and every necessary measure of Government We have now the necessary support for national measures," etc. I told him we might perhaps undo all ; that the high demands we had made would raise op- position, and that opposition might endanger the Government. He seemed a little struck. I repeated that the Government might, and perhaps would, fall by her overexertion to obtain support. I called this evening at Boyd's. I found Gallatin and Beard and James Finley. I told them I wished to hear them speak freely on the defense of the frontiers. Some desultory discourse passed. I sat awhile, and Dr. Hutchinson came in, greasy as a skin of oil and puffing like a porpoise. This must certainly be a dirty fellow if external appearances do not much belie mental management and internal intention. Fame fixes them on the same footing, and I fancy for once she has not Feb. 13] A DOCTOR'S DISCOURSE. 391 sounded a false alarm. He had a pretty tale to tattle over, quite new, quite d la Doctor, quite medical. Is the town sickly, Doctor ? No, no ; yes, yes, for the season. Accident, accident ; half a family struck down yesterday. They had fed on pheasant. All who had eaten affected ; all the doctors' called ; discharged the offensive food ; recovered : the craws of the pheasants examined ; laurel-leaves found in them. The death of Judge Bryan explained ; he and his wife ate pheas- ant ; both felt torpid ; she evacuated, he died. And thus we were entertained with the belchings of this bag of blubber for half an hour. I took my hat and left them. I had come but a few steps when I met Mr. "W. Finley ; told him I had called to talk on the subject of the "Western war with the Indians ; that, although the management would be in different hands, yet, as the means must be furnished by us, it was in some measure necessary to contemplate the mode. He immediately quit the subject and got at the excise. It must be submitted to ; great credit due to the General Govern- ment ; very honorable management to raise the debts to their full value, etc. In short, I believe he forgot himself' or the company he was in. I begged pardon for stopping him in the street and left him. He chose to let me know of his commu- nications with General Knox and other great men, etc. Februa/ry 13th, Sundcuy. — I went to a meeting at Market Street. Came home. The day rather disagreeable in the afternoon, and I stayed at home the residue of the day. I had made a remark here which I think it best to erase. Spent the day mostly in reading. Went, however, down-stairs; found a large company ; the subject was religion, and most unmer- cifully was it handled. The point which was attempted to be established was that the whole was craft and imposition ; that all our objects were before us — ^believe what you see ; observe the fraud and endless mischief s of ecclesiastics in every age, etc. Few of the historic facts which they adduced could be refuted, but by way of opposition Luther's Keformation was mentioned. It was easily answered that, had there been no abuse, they needed no reformation. But a further remark was suggested — ^that Luther was a mere political machine in the hands of those German princes who could no longer bear 393 ON LUTHER'S REFORMATION. [1791 to see their subjects pillaged by Roman rapacity. The doc- trine was, pay for indulgences and purchase salvation with good works, alias money. The new doctrine was, faith is better than cash ; only believe, aiid save your money. It need not be doubted but the new doctrine was on this account more acceptable to both prince and people. Luther, however, had the Scripture with him. Another position I thought still less tenable ; that man was but the first animal in nature, that he became so by the feelings, of his fingers and hence all his faculties. Give, said they, only a hand to a horse, he would rival all the human powers. This I know to be groundless. The 'possum, from its feeble, harmless, and helpless faculties, is almost extinct in Pennsylvania, and yet one that I killed on the island at Juniata had as complete a hand, vdth four fingers and a thumb, as one of the human species. February lliih. — 'Tis done. I doubt no longer. This day came in a bulky communication from the President. The amount was the result of a negotiation carried on by his or- der with the court of Great Britain through the agency of Gouverneur Morris. From the letters from the President it appears that the vote against discrimination which had in- volved us in difficulties with France was the work of the President, avowedly procured by his influence ; and that he did it to facilitate a connection with Great Britain, thus offer- ing direct offense to France and incurring the contempt of Britain, for she has spurned every overture made to her. And now the result is, I suppose, a war with Great Britain; at least these troops are, as I suppose, meant to wrest the posts from her. She will resist. Reprisals at sea will take place, and all the calamities of war ensue. It is with difficulty that I refrain from giving the most severe language to some of our Senators. King vapored this day at a most unaccountable rate. The opponents to the Con- stitution, said he, were blind ; they did not see the ground to attack it on. I could have shown them how to defend it. The most popular ground against it never was touched. The business was now complete. We need not care for opposition. Henry, of Maryland, joined with him ; said the Constitution Feb. 14] ON STATE SOVEREIGNTY. 393 of the United States implied everything; it was a most ad- mirable system. Thus did these heroes vapor and boast of their address in having cheated the people and establishing a form of government over them which none of them expected. I will here leave a blank to copy General Washington's letters in. Perhaps this is wrong, for I never can contemplate the insult offered to France, to procn/re more agreeable a/r- ra/agements, without feeling resentment. The system laid down by these gentlemen was avowedly as follows, or, rather, the development of the designs of a certain party: The general power to carry the Constitution into effect by a constructive interpretation would extend to every case that Congress may deem necessary or expedient. Should the very worst thing supposable happen, viz., the claim of any of the States to any of the powers exercised by the General Govern- ment, such claim will be treated with contempt. The laws of the United States will be held paramount to all their laws, claims, and even Constitutions. The supreme power is with the General Government to decide in this, as in everything else, for the States have neglected to secure any umpire or mode of decision in case of the differences between them. Nor is there any point in the Constitution for them to rally under. They may give an opinion, but the opinion of the General Government must prevail, etc. This open point, this un- guarded pass, has rendered the General Government com- pletely uncontrollable. With a ileet and army, which the first war must give us, all the future will be chimerical. I ventured to dissent from these poHtical heroes by declar- ing that the people themselves would guard this pass ; that the right of judging with respect to encroachments still remained with the people ; it was originally with them, and they never had divested themselves of it. With all their art, however, since they now confess their views, I think they have made but a bungling hand of it. The old Congress had no power over individuals, and, of course, no system of consolidation could take place. Their legislative or recommendatory powers were over States only. The new Constitution, by the instrumentality of the judiciary, etc., aims 394 THE COMPLICATIONS WITH FRANCE. [1791 at the government of individuals, and the States, unless as to the conceded points, and with regard to their individual sover- eignty and independence, are left upon stronger ground than formerly, and it can only be by implication or inference that the General Government can exercise control over them as States. Any direct and open attack would be termed usurpa- tion. But whether the gradual influence and encroachments of the General Government may not gradually swallow up the State governments is another matter. February 15th. — This day was rather unimportant in the Senate. General Dickenson and I had a long discourse in the committee-room. The subject was the speculation of the Treasury, or, I should rather say, of Hamilton. Nobody can prove these things, but everybody knows "them. Mr. Morris labored, in private, with me this day to get me to join in pos1> poning the complaints of the French court. The President, although it is undeniable that it was through his instrumentahty that the offense was given to France, yet now wishes all this done away ; the breach made up with France", and the resent- ment shown to England. The measure is right, but his mo- tives wrong. Never should the paths of rectitude be forsaken. Had the President left Congress to themselves the discrimina- tion would have obtained, and as the discrimination had here- tofore obtained by the State laws, England would have taken no umbrage, and we should have experienced no interruption of harmony with France. The crooked policy of the President has involved us in difficulty. Unless we repeal the law, we lose forever the friendship of France. And even after repeal- ing it the confidence of France in us will be impaired, as she may attribute our first motives to ingratitude and our last to fear. Continuing the law wiU have no effect on Britain, as she has already treated General Washington's application with contempt, but a repeal of it will be followed with a burst of resentment. This we will have to submit to and ought not to regard. King delivered an opinion that Executive papers should be delivered to the President's private secretary. It was evi- dent he alluded to the communications of yesterday and to the strictures passed on them. No vote was taken on the subject, Feb. 16] ON THE PERMANENT RESIDENCE. 395 but I have hitherto been unsuccessful in endeavoring to lay my hands on them. February 16th. — Engaged this morning in unimportant matters about the land-office and other places. After the Senate met, Mr. Carrol moved for leave to bring' in a bill supplementary to the Kesidence bill. The matter, I believe, stands thus, in fact : Yirginia is not fully satisfied with- out having half of the ten miles square. She gives the one hundred and twenty thousand dollars, perhaps, on this very principle of having Alexandria included. This can not be done without the siipplementary law, which is now applied, for. I spoke to Mr. Morris and gave him my thoughts on the matter. He made a just observation : " There will be people enough to manage this affair without our taking a part in it." The rule demands one day's notice to be given for bringing in a bill. Carrol withdrew his motion on being told of this, but afterward hoped that the Senate would indulge him hj com- mon consent. Elsworth, however, said it had better lie over one day. My friend, on the subject of resolution, told me that he had some conversation on that subject with the Speaker of the State Senate. The result was, that they would soon elect a new Senator ; said he found him wavering, but on the whole considered him as friendly. I had business out, and called on Mr. Montgomery ; told him that the agricultural interest of Pennsylvania ought to unite ; that it was the policy of the city to disunite Fin^ley and myself and run in Bingham ; at least, this was the game he was playing. He agreed with me. Mr. Smilie soon after called on me, He spoke more harshly of Finley, particularly of his insufferable vanity, than ever I heard any one do before. He promised he would call on me. I returned to the Senate. Found the drafts of General Harmer's expedition before the committee. They look finely on paper, but, were we to view the green bones and scattered fragments of our defeat on the actual field, it would leave very different ideas on our minds. This is a vile business, and must be much viler. I believe I ought not to vote for any of the new bill. February 17th. — This day Mr. Carrol's motion for the 396 THE MILITARY BILL. [1791 amendatory act respecting the Potomac was to be taken up. Mr. Morris was very late in coming. It is remarkably singu- lar that I never knew him otherwise when a debate was ex pected. I, however, wish he had stayed away, for he voted for leave to bring in the bill. I confess, to my astonishment, I saw hun considerably embarrassed. How noble it is to be independent ! Leave was obtained, and the bill read. The Military bill was reported, with amendments much longer than itself. They were ordered to be printed. I shall most undoubtedly vote against the augmentation of the troops. The war is under- taken without the shadow of authority from Congress, and this war is the pretext for raising an army meant to aM'e our citizens into submission. Fitzsimons has been heard declaring that one thousand men would avenge the insults offered to Congress. Where are thes'e things to end ? By the " insult offered to Congress " is meant the State deliberations, etc., re- specting the excise. But I can already plainly see that all this matter will vanish in air. Finley, Gallatin, Smilie, Montgom- ery, in fact all the conductors of the business, having nothing further in view than the securing themselves niches in the six- dollar temple of Congress,* and then popular measures are only meant as the step-ladder to facilitate their ascent. I con- fess 1 have more than once been taken in witli the sunshine of some of their speeches in my favor, but actions are louder than words. I have differed beyond the power of reconciliation with the citizens and high-flying Federalists, and genuine re- publicanism has been my motive. If the old constitutional party were really patriots, they would glory in taking me up. This, however, is not the case ; and I am greatly mistaken if they do not lord it with as high a hand over the people, should they get into Congress, as the present majority, and perhaps even there we may not hear a word against the excise. February 18th. — A number of communications were handed in respecting the appointment of David Humphreys, resident at the court of Portugal. The President sends first, and asks our advice and consent afterward. * The pay of Senators and Representatives being six dollars per day. Feb. 33] THE PEOPLE DISAPPOINTED. 397 Now Carrol's amendatory bill was called up. It was de- bated with temper, but a good deal of triiling discourse was Lad upon it. I had determined to say nothing upon the sub- ject. I, however, changed my mind, and made the following remarks : So far as I had an opportunity of knowing the public mind, the expectations of the people had been disappointed. A belief had obtained that the President would appoint three commissioners, who tinder his direction would lay out the ten miles square. I did not arraign his authority, and did not call it in question, but he had done himself what should have been done by others imder his direction. I would neither pull down nor build up. Let the measure rest on the law. If all was right, it would support itself ; if wrong, our mend- ing it was. improper, etc. Mr. Morris followed me. I tjould not well collect his drift ; but he said, with pretty strong emphasis, that if any one woidd move a postponement, he would be for it. This hint was laid hold on by Langdon and Schuyler, and a post- ponement moved, which was carried. Mr. Morris sustained a small attack from Gunn for this as an indirect way of getting rid of the measure. Twice, however, did Mr. Morris declare he would vote for the bill if the question was taken on it. I think this kind of conduct ill judged, for the court will think as ill of him as they do of me, who voted dead against the measure from the beginning. Oh, I should note that Mr. Jefferson with more than Parisian politeness, waited on me at my chamber this morn- . ing. He talked politics, mostly the French diiference and the whale-fishery ; but he touched the Potomac, too, as much as to say, " There, oh, there." Wednesday, 23d. — I have in general been so closely en- gaged that I have not had time to minute the daily transac- tions, and, indeed, unless I wish gratification to myself, there is no use in it, for no man has called on me for any informa- tion. On Friday the amendatory act was taken up and read, and postponed for a week. Mr. Morris, Langdon, and Schuyler voted for the postponement. They might as well have voted against the bill, for the postponement is equally ungrateful at 398 SPECULATION IN PUBLIC CERTIFICATES. [1791 court. Saturday we had communications from the Presi- dent, etc. A most villainous bill (in my opinion) was committed to General Dickenson, Wingate, and myself. It was for paying off at par one hundred and eighty-six thousand dollars due to foreign oflficers. This was a domestic debt beyond a doubt. The bill went to pay it out of the funds appropriated to foreign debt. Strip it, however, of all coloring, it is to sanctify the most abandoned speculation. Some say the whole of it has already been bought up. I set myself to defeat it, and happily succeeded. The consequence is, that I have all the Secretary's [Hamilton's] gladiators upon me. I have already offended Knox and all his military arrangements; I have drowned Jefferson's regards in the Potomac. Hamilton with his host of speculators is upon me, and they are not idle ; the city hates me, and I have offended Morris, and my place must go. My peace of mind, however, shall not go, and like a dying man I will endeavor that my last moments be well spent. Tuesday my report was read, and "Wednesday it was agreed to, or at least the resolution subjoined was adopted, that the bill should not pass to a third reading. Business crowded much, and I have almost determined to pass all. The differ- ence, however, on the new impost law between the two Houses explains so fully the trim of the Senate that I must have a word or two on the subject. The bill commonly called the excise law, though the term is carefully avoided in the law, puts it in the power of the President to appoint as many inspectors as he chooses, and to pay them what he pleases, so that he does not exceed five per cent on the whole sum collected. This check is mere nullity, and depends on a point arising posterior to the appointments. The reason given for vesting the power in the President is the want of knowledge of the subject ; how many, what duties, etc., they will have to discharge. The House of Eepresenta- tives seem to say that experience will dispel this ignorance in two years, and therefore they amend, limiting this power of paying, etc., to two years. No, say our Senate, we will not trust the new Congress, etc. In fact, the object is to throw Feb. 24] THE PRESIDENT AS A SCAPEGOAT, 399 all possible power into the hands of the President, even to the stripping of the Senate. A conference appointed. It is believed that any measure that can be fairly fixed on the President will be submitted to by the people, thus making him the scapegoat of unconstitutional measures and leading them, by their affection to him, into an acquiescence in these measures that flow from him. To break down the boundaries of the States has been a desideratum. This was attempted at the time of the impost. The geographical situation of Mary- land, with respect to Chesapeake Bay, afforded a pretext to do something of this kind under plea of convenience, by adding the Eastern Shore to the State of Delaware and indemnifying Maryland out of Virginia. Clouds of letters reprobated the measure. It would not do. The President is now put upon something of this kind — to alter the lines of the States, by taking from the larger and adding" to the smaller — in his ar- rangement for collecting the excise. Will he really become the tool of his own Administration ? F^ruary ^J^th, Thursday. — This day nothing of moment engaged the Senate in the way of debate until the Virginia Senators moved a resolution that the doors of the Senate chamber should be opened on the first day of the next session, etc. They mentioned their instructions. This brought the subject of instructions from the different Legislatures into view. Elsworth said they amounted to no more than a wish, and ought to be no further regarded. Izard said no Legislature had any right to instruct at all, any more than the electors had a right to instruct the President of the United States. Mr. Morris followed; said Senators owed their existence to the Constitution ; the Legislatures were only the machines to choose them ; and was more violently opposed to instruction than any of them. We were Senators of the United States, and had nothing to do with one State more than another. Mr. Morris spoke with more violence than usual. Perhaps I may be considered as imprudent, but I thought I would be wanting in the duty I owed the public if I sat silent and heard such doctrines without bearing my testimony against them. I declared I knew but two lines of conduct for 400 SHALL SENATORS REGARD INSTRUCTIONS? [1791 legislators to iriove in — the one absolute volition, the other responsibility. The first was tyranny, the other inseparable from the idea of representation. "Were we chosen with dicta- torial powers, or were we sent forward as servants of the pub- lic, to do their business ? The latter, clearly, in my opinion. The first question, then, which presented itself was, were my constituents here, what would they do ? The answer, if known, - was the rule of the Representative. Our governments wore avowedly republican. The question now before us had no respect to what was the best kind of government ; but this I considered as genuine republicanism. As to the late conduct of the Legislature of Pennsylvania, I spoke with but few of them. I had no instruction from them, and, all things consid- ered, I was happy that I had given my voice on a former occa- sion for it. The reasons which I gave then operated still, in full force on my mind. The first was, that I knew of no reason for keeping the door of any legislative assembly open that did not apply with equal force to us. The second was, that I thought it a compli- ment due to the smallest State in the Union to indulge them in such request. The objections against it, viz., that the members would make speeches for the gallery and for the public papers, would be the fault of the members. If they waged war in words and oral combats ; if they pitted themselves like cocks, or played the gladiator, for the amusement of the idle and curious, the fault was theirs ; that, let who would fill the chairs of the Senate, I hoped discretion would mark their deportment ; that they would rise to impart knowledge, and listen to obtain in- formation ; that, while this line of conduct marked their de- bates, it was totally immaterial whether thousands attended, or there was not a single spectator. This day Butler handed forward a resolution for augment- ing the salaries of all Federal officers of the different depart- ments one fourth. It is a great object to increase the Federal offices and salaries as much as possible, to make them marks for the ambitious to aim at. This single stratagem has carried the new Government on so far with increased rapidity. Februcm) 25th, Friday. — This was a busy day in the Sen- Feb. 26] BUYING UP THE SENATE. 401 ate. "We had a long communication from tlie President re- specting the loan of three million florins, which, it seems, came at five and a fourth per cent, the expenses of the negotiation being between four and five per cent up. Now was taken a bill for altering the time of the meeting of Congress. The title was the same with that of a bill rejected the other day. But the former had the first Monday in November ; this had the fourth Monday in October. The President declared that, as the day was different, the bill was a different bill. There might be as many different bills as days in the year. It passed, but I confess I thought him wrong. Mr. Morris' vote carried the bill. I spoke against it, but without effect. Now we had the resolution for opening the doors. Nine votes were given for it, and it was lost. And now came the Potomac amendatory act. A postpone- ment was moved, but Langdon, Schuyler, Elmer, Morris, and Read voted against the postponement and finally for the bill. This is astonishing, indeed. It is plain the President has taught them. I know not their price, but that is immaterial. I had a good opinion of Elmer once ; it is with pain I retract it. I think the city [Philadelphia] must see Morris in a new point of view. "Were I to give such a vote, I certainly dared not walk the streets. Mr. Morris wishes his namesake, Gouverneur (now in Europe selling lands for him) placed in some conspicuous station abroad. He has acted in a strange kind of capacity, half pimp, half envoy, or perhaps more properly a kind of political eavesdropper about the British court, for some time past. Mark the end of it. As to Langdon I am at no loss ; the appointment of his brother "Woodbury is sufficient expla- nation. Schuyler is the supple-jack of his son-in-law Hamil- ton. Of Elmer I know not what to say. I once thought him honest. As to Read I have heretofore known him to have been shaken by something else besides' the vrind. Fehniwry 26th, Saturday. — The third reading was given this day to the detestable bill of yesterday, and the last hand was put to the more detested excise law. All of these, how- ever, were condemned as trifles in political iniquity. For weeks has the report of the committee on the French complaints lain dormant. Shame! I believe some hand is 36 402 JEFFERSON'S ALTERNATIVES. [1791 keeping tliem back. But now a steady phalanx appeared to support the report. I opposed it what I could, and contended against the alternatives in the report of the Secretary of State as exceptional, and opposed the whole. But all in vain. The report, with some variation, was adopted. I was the only one who voted boldly and decidedly against it. I have annexed the alternatives proposed by Jefferson and the resolutions of the committee, and some of my observations in opposition to Elsworth. They may afford me some amusement at a future day. I will, however, call on Otis for a certificate of my hav- ing voted against the resolutions. Resolved, as the opinion of the Senate, that the eighth, article of the treaty of amity and commeroe between the United States a-nd Ms Most Christian Majesty is merely an illustration of the third and fourth articles of the same treaty by an application of the principles comprised in the last-mentioned articles to the case stated in the former. Resolved, That the Senate do advise an answer to be given to the court of France defending this construction in opposition to that urged by the said court, and at the same time explaining in the most friendly terms the difBculties opposed to the exemptions they claim. Second. If it be the opinion that it is advantageous for us to close with France in her interpretation of a reciprocal and perpetual exemption from tonnage, a repeal of so much of the tonnage law will be the answer. That there has been a design to sacrifice French interest as a peace-offering to the British court I can not doubt ; but that this should be persisted in after the disappointment at- tending Gouverneur Morris' management is strange indeed. They, however, hope, or affect to hope, to carry their point. Mr. Morris, a few days ago, asserted that we would, early this spring, have a minister from Great Britain, and the papers have many lying accounts to the same purpose. There is a system pursuing, the depths of which I can not well fathom, but I clearly see that the poor goddess of liberty is likely to be hunted out of this quarter as well as the other quarters of the globe. I deliberated nrach whether I should minute in any degree of accuracy the proceedings of this day. Hitherto delicacy has prevented me from keeping any memoranda of the execu- tive or secret journal, but if I am ever to give any account of my conduct to the State government, there is perhaps no part Feb. 36] DEBATE ON JEFFERSON'S ALTERNATIVES. 403 to whicli they will turn their eyes with more attention. I have another reason for secrecy on this subject, for I certainly never behaved so badly in my life. Elsworth opened : hoped this business would meet no fur? ther delay, as it had been long on the table, and hoped that the resolution would be adopted ; that the members had full time to make up their minds, etc. I declared that opportu- nity as well as time was lacking, although the time had been long ; some members had not had the opportunity ; that I had called often for a sight of the papers, but always experienced disappointment ; that I had indeed seen the alternatives offered by the Secretary of State, and no more ; that eminent as the Secretary was for abihties, I could not truly approve of any of his alternatives (here I received a loud ), and, of course, must be opposed to the resolution which was ingrafted on the first. To suppose that, after having passed the third and fourth articles, they were so obscure as to require a fifth by way of illustration, is an absurdity that can not obtain behef . The framers must have had a separate object in view consistent with their reputation as men of understanding, and so it clearly appeared to me. To justify the construction I will read the articles ; here I read them the third : " Grants certain rights, etc.," in trade, etc., to the subjects of the Christian king in the American ports with respect to duties and imposts. The fourth recipro- cated these rights, etc., to the people of the United States in the French ports. Here I took the words " duties " and " im- posts " in the strict and limited sense as applying to the im- positions charged on the cargo, and to no other. The fifth article has an imposition of another kind for its object, which evidently was not considered as falling within the province of the third or fourth article, viz., tonnage, a port charge which is laid on in proportion to her burden, independent of cargo, and is charged whether she comes loaded or in ballast. It is, in fact, the machine by which commercial nations encourage or discourage the shipping of their neighbors. I am ready to admit that the poverty or rather the want of pre- ciseness in commercial terms often confuses and confounds them together, but with these ideas and with this view of the 404 DEBATE ON JEFFERSON'S ALTERNATIVES. [1791 subject, wliicli I am satisfied are correct, let us examine the fifth article. And the first feature that presents itself is a re- ciprocal design of augmenting and favoring the shipping of the contracting parties. Duties and imposts laid upon goods are taxes paid by the consumers. Tonnage is a tax on the ship. To lessen the tax on the shipping, or rather to do it away altogether, is in favor of naval property, and in this spirit ran the stipulation of the fifth article. But if gentlemen will. view them conjointly, what will be the effect ? Exemptions are generally stipulated between the contracting parties in the third and fourth articles. What says the fifth ? In the above exemption is particularly com- prised the imposition of one hundred sols per ton, etc., with the exception of the coasting trade to French vessels between their own ports, which the Americans are allowed to balance with a similar tonnage on French vessels coasting in the American ports. And even this coasting-trade tonnage is not to continue longer than the most favored nations pay it. Will any man undertake to say, on seeing this article, that the French can legally charge the tonnage of one hundred sols or any greater or less tonnage on American vessels in their ports (unless they become coasters) consistent with treaty ? I think not. If the French, then, can not on the principles of reci- procity, we can not. What, then, is to be done ? Eepeal the law, but upon a different principle from that held out by the Secretary either in his second or third alternative. The second is sordid, as having advantage for its basis; the third carries something like an airy insult, as much as to say : We are right, you are wrong, but take it ; our good nature shall yield to your pee- vishness. Second idea of compensation for favors is worse infinitely. This is a subject on which the American nation is and will be bankrupt, to compensate the political salvation of America. France ought to be placed in the deplorable po- sition which afflicted America [was in] when rescued by her helping hand, and ought to be returned in turn. Statements that seem beyond human events. Where would have been our Washington and patriots of every grade had it not been for French interference? When the meekest and most gentle- Feb. 36] ■ THE FRENCH ABUSED. 405 manly of all the British commanders would not associate them with any other idea than that of a lord. Not the virtues of a Padilla would have saved one of them. No, let us do homage to the spirit and letter of [the] treaty, own our mistake, and repeal the law. I have ever thought that a liberal and manly policy, more conformable to the genius of the people, was the surest method of engaging and preserving the esteem of that magnanimous nation. And the alternative might be war and confusion. A burst of abuse now flowed forth against the French by Elsworth in the most vituperative language that fancy could invent. Selfishness, interested views, their motive. To dis- member the English empire ; " Dwide et iinperia " their motto. Nay, slay the British subjects with the sword of their fellows. No gratitude in nations, no honor in politics. None but a fool would expect it. Serve yourself the first article is the creed of politics. No return due to them. Ridicule, not thanks, would attend acknowledgments. He [Elsworth] seemed to have mistaken the genius of the people, and said some sarcastic things about America which I could not very well compre- hend. The term monkey was used ; it was meant in ridicule of what I said. He fell on me with the most sarcastic se- verity. No confusion anywhere but in the speaker's head. Alas ! how shall I write it ? I almost lost my temper, and, finding no protection from the Chair, left the room. A moment's refiection restored me. I recollected that I had the volume of Congress of 1Y83, which I had looked up for this occasion, before my seat, where the greatest encomi- ums were bestowed on the French. I returned. King was lip, and, although he was in the same sentiment as Elsworth, he said Mr. Jay had given a similar construction with me, or at least I so understood him. I did not hear one of the state- ments which I made answered or attempted to be answered. I 'happened to turn round and the full-length portrait of the King and Queen of France caught my eye. I really seemed to think they would upbraid me if I was silent. I knew the disadvantage I labored under, but I got up. Nations being composed of individuals, the virtue, char- acter, and reputation of the nation must depend on the morals 406 THE FRENCH ABUSED. [1791 of the individual, and could have no other basis. Gratitude, generosity, sensibility of favors, benignityj and beneficence had not abandoned the human breast ; in fact, these weve the conditions on which the human race existed ; that these pas- sions, so far as they respected the French nation, were deeply engraved on the bosom of every American Kevolutionist. I knew there were characters of a different kind in America ; but for them we cared not ; that I was convinced the sense of America had been fairly expressed by Congress on the resignation of General Washington, when the epithet of " magnanimous nation " was applied to them. What were the expressions of Congress as reported by a committee, some of whom are now within my hearing, in the year 1783, vdth respect to that now vilified nation? "Exer- tions of arms," " succors of their treasury," " important loans," " hberal donations," " magnanimity," etc. Yes, all this and more, for I have the book before me. In fact, language la- bored and seemed to fail in expressions of gratitude to our ally. But here is a reverse indeed. If right then, we must be wrong now ; and my heart tells me it is so. Vituperation and abuse, more especially in the national way, are of the re- flective kind, and attach disgrace rather to the assailants than to the assailed. Who ever believed that the grins or dirty tricks of the baboon or monkey in the African or American wilds disgraced the traveler that walked below, although they attached contempt to the filthy animal above ? Elsworth took a great deal of snuff about this time. He mimiped, and seemed to chew the cud of vexation. But he affected not to hear me, and, indeed, they were all in knots, talking and whispering. Mr. Adams talked with Otis, accord- ing to custom. The committee alluded to were : Madison, Elsworth, and Hamilton. I am too sparing ; I should have read thafpart of the report with their names. I can not help a remark or two. A war in some shape or other seems to have been the great object with Hamilton's people. At first they would have war with the Northern In- dians. That failed. They have succeeded in involving us with the Northwestern Indians. Britain at one time seemed their object. Great efforts were made to get a war with Al- Feb. 38] COUNTBEFEIT CERTIFICATES. 40Y giers. That failed. Now it seems to be made a point to differ with the French. That Uvely nation do not seem to have been aware that ours was a civil war with Britain, and that the similarity of language, manners, and customs will, in all probability, restore our old habits and intercourse, and thai this intercourse will revive — ^indeed, I fear it has already re- vived—our ancient prejudices against France. Should we dif- fer with France, we are thrown inevitably into the hands of Britain ; and, should France give any occasion, we have thoii- sands and tens of thousands of anti-Eevolutionists ready to blow the coals of contention. February ^7th, Sv/nday. — This day made inquiries of George Eemsen, one of the clerks of Hamilton's office, re- specting a story which is circulating with respect to Bingham having got thirty-six thousand dollars of counterfeit certifi- cates registered and a new Certificate for them. He declares the fact is so. These certificates have been copied from genu- ine certificates, the counterfeits handed to the Auditor (Milli gan), passed by him to the Kegister (Nourse), and a new cer- tificate given for the amount. Thus the counterfeits being disposed of, there could be no danger of detection, as the genuine and counterfeit ones could never meet. Now, the genuine ones coming forward to be loaned, the fraud is found out. I dined this day with Dr. Eushton. I mentioned this cir- cumstance. A gentleman of the name of Curry came in while I talked of it. "Without mentioning names, he said this must be Mr. Swanwick. He was asked how large a certificate Swanwick had founded in this way ; he said only twenty thou- sand dollars. Hell surely must have emptied her rascals upon us, or we never could have been served thus ! Eemsen has promised to give me more information on this subject. February S8th, Monday. — This day I fell in- discourse with Mr. Morris, and mentioned the thirty-six thousand dol- lars in possession of Bingham. It seems it is the same which Swanwick had. A Charles Young owed Swanwick, and was arrested in New York for the debt on his return from Boston ; paid these certificates to Swanwick; was discharged; they were registered. Swanwick sold to Bingham for twelve hun- 408 COUNTERFEIT CERTIFICATES. [1791 dred pounds, knowing tlie state of the registered certificates. This cast an air of innocence over the transaction. Perhaps we shall hear more of it. Schuyler's hill, which went to naake debts due to the United States payable in certificates, etc., the object of which could not be observed, and which truly might be called a snake in the grass, was laid over to the next session. I could not ascertain the point in the above conversation who obtained the registry of the above certificates, and there- fore have endeavored to find from Mr. Morris who discovered the cheat ; at what time with respect to the registry, viz., whether before or after. But. he was guarded, and either knew not or would not tell ; but he admitted that they were known to be counterfeits at the time of the sale. This, in my opinion, involves both in criminality. deluded public, little do you know of what stuff the Federal debt is composed which you are daily discharging with sorrow ! Ma/rch 1st. — Attended this morning the eulogiuna in honor of Dr. Franklin, pronounced by Dr. Smith. People say much of it ; I thought little of it. It was trite and trifling. Per- haps I am censorious. I despise Smith. He certainly is a vile character. Much business was hurried through the Senate this day. Now is the time for dark, designing men to carry in and hurry through, under some spurious pretense, the deep-laid plots of speculation. The immature resolve and ill-digested law often escape examination while nothing but home occupies the minds of the departing members. Few days happen in which I do not meet with something to fret my political temper, but this day I met with something that really roused every feeling of humanity about me. The President was directed some time ago to take measures to ran- som eleven Americans who are slaves at Algiers. Money was appropriated for this purpose out of the Dutch loan in 1788. The President, however, sent us back a message to appropriate the money for the purpose ; and now a committee, who had the African business committed to them, reported twenty thousand dollars to treat with the Emperor of Morocco, but not a cent for the poor slaves. Hard was the heart that could March 2] RUSHING BILLS THKOUGH THE SENATE. 409 do it, and clay-cold was the conduct of the President even in the business. I said and did what I could, but all in vain ; and we will not only confine to slavery, but murder with the plagues of that deleterious climate, these unhappy men. Izard came over, and made a long complaint against Hamil- ton. Here, said he, have we been waiting, nobody knows how long, and Hamilton has promised to send us a bill for the Mint. And now at last he sends us a resolution to employ workmen. Two things are clear from this : that Hamilton prepares all matters for his tools (this I knew long ago) ; the other is that he has kept back this exceptionable business till there would be no time to investigate it. Bassett this day laid on the table a resolution for a com- mittee of both Houses to wait on the President to request him to take measures with the Indians, etc. A pretty pass of society we have already arrived at ! It would be much more consonant to the dignity of Congress to establish a spirited inquiry how we came to be involved in a war without the au- thority of Congress, than to be begging our own servants to spare the effusion of human blood. Every account of this kind seems to be received with an air of satisfaction by the adherents of the Administration, as if our military defects were political virtues. Mwrch 2d. — Oh, 'twas joyful news when I came home and found my man sent by Bob Murdock, and had the pleasure to hear of the welfare of my family. More business has been hurried through the Senate this day than has been done in a month of our former sessions at other periods. The Secretary [Hamilton] has bought the present House, and he wishes to have his money's worth out of them. The resolution of the Mint was foully smuggled through. I hope somebody will take notice of it in the other House. It is evident what a system has been adopted by the Secretary [Hamilton]. We used to canvass every subject and dispute every inch of his systems, and this sometimes detached some of his party from him and defeated him. To prevent this, all has been put off until this late moment, and now not a word will be heard. The plea of want of time prevails, and every one that attempts to speak is silenced with the cry of question and a mere insurrection of 410 THE HOLLAND LOAN. [1791 the members in support of the demand. I am at no loss now to ascertain the reason why the Mint business has been delayed and finally came forward under the form of a resolution rather than a bill. Bills can not be read out of order biit by unani- mous consent. It was known that I had controverted sundry positions laid down by Hamilton in his report, and had prepared myself on the subject. It was easy to call the question and silence debate, but now the time was short and I still had a vote. By refusing consent to an irregular reading of a bill, this rule did not extend to a common resolution. King made a motion by a side-wind to bring in the principal of the bill for paying off the foreign officers, but being smoked he sneaked off. This great man is miserably deficient in candor. He is an active member of the smuggling committee. It was to a bill for the protection of the Treasury that he wished to detach his moved amendment. This bill seemed in a j^eculiar manner committed to his care. Two laws empowered [the] Government to borrow of Holland : one was to pay the interest on the foreign debt ; the other was to reduce the domestic debt by buying in while it was under par (this the ostensible reason, but the real one was to make a machine of this money for raising the stocks). The first was a matter of necessity, as the interest fell due. The second loan was expressly confined to be done at an in- terest of five per cent ; but it has been done at a charge of four and one half per cent ; or, in other words, ninety-five and a half only is received, on which five is paid annually as in- terest. Now, a bill is silently passed along in the mass of business to sanctify this willful deviation. The thing is done, the money received, brought over, and in part, at least, ex- pended. There was nobody to hear speeches or attend argu- ment. I could not, however, help condemning the measure. The duty of the Government was to borrow at five per cent or let it alone ; but if the Treasury could once establish the practice of acting without or contrary to law, the whole free- dom of the Government might be sapped by fiscal arrange- ment, and the Congress of the United States might in time become, as in Great Britain, the mere tool of ministerial im- positon and taxation. March 3] BUSHING BILLS THBOUGH THE SENATE, 411 It has been usual with declamatory gentlemen, in their praises of the present Government, by way of contrast, to paint the state of the country under the old Congress as if neither wood grew nor water ran in America before the happy adoption of the new Constitution. It would be well for the future, in such comparisons, to say nothing of national credit (which, by ' the by, I never considered as dependent on the prices cur- rent of certificates in the hands of speculators), for the loan of 1788 was done in Holland at five per cent, only postponed. March 3d. — As well might I write the rambles of Harle- quin Hanger or the vagaries of a pantomime as to attempt to minute the business of this morning. What with the exits and the entrances of our Otis, the announcings, the advancings, speechings, drawings, and withdrawings of Buckley and Lear, and the comings and goings of our committee of enrollment, etc., and the consequent running of doorkeepers, opening and slamming of doors, the House seemed in a continual hurricane. Speaking would have been idle, for nobody would or could hear. Had all the business been previously digested, matter or form would have been of Uttle consequence. This, however, was not the case. It was patching, piecing, altering, and amending, and even originating new business. It was, how- ever, only for Elsworth, King, or some of Hamilton's people to rise, and the thing was generally done. But they had over- shot themselves ; for, owing to httle unforeseen impediments, there was no possibility of working all through, and there was to be a great dinner which must absolutely be attended to. Terrible, indeed, but no alternative — ^the House must meet at six o'clock. In the evening by candle-light. "When I saw the merry mood in wliich the Senate assembled, I was ready to laugh. When I considered the occasion, I was almost disposed to give way to a very different emotion. I did, however, neither the one nor the other ; and, feeling myself of as little impor- tance as I had ever done in my life, I took pen and paper and determined, if possible, to keep pace with the hurry of business as it passed, which I expected would now be very rapid, as I had no doubt that Hamilton's clerks had put the last hand to everything : 413 HUSHING BILLS THROUGH THE SENATE. [1791 1. Mr. Buckley announced that he brought a new resolve for the safe-keeping of prisoners, etc. 2. A bill for compensation to commissioners of loans for extra expenses. 3. A salary bill for the executive officers, their clerks, and assistants. 4. Eesolve for the President to lay before Congress an estimate of lands not claimed by Indians. 5. The Mint resolve. These obtained the signature of the President of the Senate and were sent off for the deliberation and approbation of the President. The prisoner resolve was agreed to and sent back to the Representatives by Otis. 6. Mr. Buckley : second message. A new bill to carry into effect the convention with the French, etc. This business has been most shamefully neglect- ed. I had often spoken on the subject, but my influence was gone. I had, however, spoken lately to sundry members of the House of Kepresentatives, and even at this late hour was happy to see the bill. To speak in the present uproar of busi- ness was like letting off a pop-gun in a thunder-storm. But this was the merest matter of form possible. It was only giv- ing the authority of law to a convention solemnly entered into with the French. My colleague cried " No ! " on the second reading. I called for the yeas and nays, and not out of resent- ment, but merely with an exculpatory view, if this conduct should draw on us the resentment of France, for I consider it disrespectful (to say no worse) toward her and dishonorable in us. Y. Mr. Buckley : third message with the Pension, Invalid, and Lighthouse bills. The committee reported the enrollment of the following acts : 8. For the continuance of the post-office. 9. For granting lands to the settlers at Yincennes, IlHnois. 10. Supplementary act for the reduction of the public debt. 11. For granting compensation to judicial officers, wit- nesses, and jurymen. March 3j CLOSE OP THE SESSION. 413 These bills received the signature of the President of the Senate after being brought up by Mr. Buckley in his fourth message. 12. Who brought at the same time a new bill for the relipf of David Cook ? Twice heretofore has there been an attempt to smuggle this bill through in the crowd. It happened, however, to be smoked and rejected. 13. Mr. Buckley's fifth message brought a bill for making further provision for collection of duties on teas, etc., which received the signature, etc. 14. An enrolled resolve, which also received the signature, etc. There now was such confusion with Otis, Buckley, Lear, our eonunittee of enrollment, etc., that I confess I lost their arrangement. Indeed, I am apt to beUeve if they had any they lost it themselves. They all agreed at last that the busi- ness was done. The President left the chair, and the members scampered down-stairs. I stayed a moment to pack up my papers. Dalton alone came to me, and said he supposed we two would not see each other soon. "We exchanged wishes for mutual welfare. As I left the Hall, I gave it a look with that kind of satisfaction which a man feels on leaving a place where he has been ill at ease, being fully satisfied that many, a culprit has served two years at the wheelbarrow without feehng half the pain and mortification that I experienced in my honorable station. INDEX. NoTB.— As the diary of William Maclay covers a space of only two years, the public aflfairs of that period are treated very fully, and in detail. This threw peculiar difS- culties in the way of the indexer. If the exceedingly numerous and oft-repeated ref- erences to the position of prominent individuals in various questions of public interest had all been separately indexed, the list would have been extended to too great a length for practical purposes. All such references have, therefore, been grouped together under appropriate titles in the hst of references following each name, as : Izasd, on the impost, — on the tonnage act, etc. In this way nothing remains un-indexed, while the inconvenience of an endlessly minute system of reference is avoided. Abolition laws, 382. Abolition Society, petitions and memori- als of, 196. See also Slavery. Acts. For various acts referred to in the Diary, see under Carolina, Debt (Pub- lic), Judicial, North Carolina Cession, Officers, Salaries, Settlers, Tonnage. Adams, Mrs., 137. Adams, John ; Ms predilection for titles, 1-3, 13, 14, 23-27, 30, 33, 37, 38, 45, 50, 64, 65, 140, 155, 349, 350 ; his delight in ceremony and etiquette, 4, 7, 8, 21, 22, 31, 39, 49, 127, 137, 140 ; monarchical principles, 10-12, 166, 167, 216, 249 ; his char- acter, 14, 20, 54, 206, 207 ; on presi- dential powers, 17 ; nicknamed " Ro- tundity " by Izard, 30 ; reads the an- swer to Washington's address (1789), 41,— (1790) 348 ; how shall bills be signed in the Senate ? 39, 45, 49, 191, 224 ; his unpunctuality, 44 ; on the im- post, 53, 65-58 ; on balloting on nomi- nations in the Senate, 78, 80, 81; presi- dential prospects, 86, 86 ; on the Ju- diciary bill, 92, 94, 101, 104, 108 ; on the removing power of the President, 115, 116; slights Maclay, 117, 301, 406; on protests, 118; on the For- eign Affairs bill, 119 ; on the treaty with the Southern Indians, 128-130 ; dines with Washington, 137 ; on the Salary bill, 145 ; judges' salaries, 157 ; on the residence question, 162- 165, 169, 279-281, 285, 307-313, 328; on "unfinished business," 181, 184, 185 ; on the Abolition Society, 196 ; the North Carolina Cession, 203 ; " lampooned " by the members, 205 ; on the Appropriation bill, 222 ; on the Military Establishment bill, 243 ; nicknamed " Bonny Johnny " by Mac- lay, 252, 308; on salaries of ambas- sadors, 254, 278 ; arrears due to Vir- ginia and North Carolina soldiers, 270; Steuben's bill, 274-276; unfit- ness for his position, 286 ; on the Funding bill, 327; on assumption, 330, 332 ; on the Excise bill, 385, 386. Adams, Samuel, 6. Adlum's petition, 364. Affirmation in courts, 88, 89. See also under Oaths. Alden, 260. Alexandria, Va., 395. Algiers, troubles with, 869, 364, 366, 375, 376, 383, 390, 406-408. Aliens, as landholders, 208, 215-218. See also Consuls and Naturalization bill 416 INDEX. Altamaha Eiver, 132. Ambassadors, 94 ; the President's power of dismissing, 82 ; salaries of, 254, 304 ; bill for appointing (Intercourse bill), 21S, 304. See also Consuls and Ministers. Ames, Fisher, one of the " court party," 114, 197; in the residence question, 160, 152, 1 53 ; monarchical tendencies, 166, 167; resolutions on the claims of the States, 205 ; on the assump- tion, 23'7, 381. Amsterdam, 208. Appointments. See Nominations. Appropriation bill, 166, 215, 221, 222, 386. Approving power given to the Senate by the Constitution, 119. Aragon, 81. Armstrong, 174. Army, standing, likely to be produced by the Military Establishment bill, 227, 232, 243-245 ; the Constitution opposed to it, 241 ; in Great Britain (the Mutiny bill)j 244; attempts to establish one in the United States, 880, 383, 390, 396. Arrangement Committee, 41, 42, 46. Ashe, John B., favors assumption, 224. Assumption bill, 213, 324-326; con- solidated with the Funding bill, 333 ; assumption of State debts. See un- der State debts. Augusta, Ga., 308. Bailey's bill "for certain inventions," 205-207, 291, 297. Ballot, debate on its use in the Senate, instead of the viva voce method, in voting upon nominations sent in, 78- 82, 103, 104, 110, 111, 123. Baltimore, in the residence question, 286, 289, 291-293, 299, 304, 305, 809, 810, 341. Bank bill, 364, 368-873. Bank, national, 866. Bank of North America, 372. Bankrupt law, Tracy's memorial for a, Barclay, 94. Bargaining in Congress. See "Deals." Barry, Captain, 71, 259 ; petition from Barry and others, 224. Bassett, [Richard], of Delaware, 800; on the Judiciary bill, 93-96, 99, 101, 104, 106 ; on the removing power, 116; the Foreign Affairs bill, 117- 119; dines with the President, 137; on the residence, 164, 267, 275, 306 ; on "unfinished business," 179, 185; on the bill on crimes and punishments, 188; on Bailey's bill, 205; on as- sumption of State debts, 210 ; on the Mitigation bill, 211 ; on the Naturali- zation bill, 217; on the Rhode Island biU, 264; arrears due to soldiers, 270 ; his resolution on Indian affairs, 409. Battery, the, (New York city), 231, 292. Baxter, Mrs., 69-71. Beard, 390. Bell, 69, 70. Bell, Mrs., 299, 372. Bellamont, Lord and Lady, 299. Benson, on assumption, 228, 237. Berkel, Count Van, (Dutch minister), 42, 288. Biddle, Charles, 319, 384. BUls, if postponed, to be treated as new business, 179, 180, 182-184; how to be signed by the Vice-President, 39, 40, 45, 49, 191, 224; bills rushed through the Senate at the close of the session, 409-412. Bills. For various bills brought before Congress, see under Ambassadors, Ap- propriation, Assumption, Bailey,Bank, Carolina, Cession, Coasting-trade, Col- lection, Commerce, Commissioners of Loans, Company, Compensation, Congress, Consuls, Cook (D.), Courts (Federal), Crimes, East Indian Trade, Ely (Colonel), Enumeration, Excise, Fines, Foreign Affairs, Foreign Na- tions, Foreign Officers, Funding, Gould, Impost (2), Indians (2), In- spection Laws, Intercourse, Invalid, Inventions, Judiciary, Kentucky, INDEX. 417 lands, Lighthouse, McCord (J.), Military, Militia Law, Ministers, Mint, Mitigation, Moore (S.), Mutiny, North Carolina, North Carolina Ces- sion, Oath, Officers (3), Ohio River, Penal, Pensions, Post-Offloe, Progress, Eesidence, Revenue, Rhode Island, Rhode Island Enumeration, Salaries (4), Salary, Seamen, Settlement, State Debts, Steuben, Susquehanna, Tea, Tonnage, Treasury, Treaty, Twining (N.), Useful Arts, War Department, Ways and Means, Writs. Bingham, William, 126; in Pennsyl- vania politics, 193, 212, 349, 366, 369, 396 ; has counterfeit certificate registered, 407. Bishop, 362. Blackstone, 92, 94. Bland, Theodore, on assumption, 209, 214. Blount, 129. Board of Property, 345, 351, 8'79, 381. Board of Purchase, 354, 356. Bogart, Henry, 227. Bonny Johnny, Bonny Johnny Adams. See Adams, John. Boudinot, [Blias], 198; on the residence, 163, 268, 269; on the assumption, 237 ; on the Judiciary bill, 251. Bowery, The (New York city), 43, 321. Boyd, 358, 366, 390. Brackenridge, [Hugh Henry], 358 Bradford, 103. Brannon's (eating-house), 48, 265, 332. Bribery in the Senate, 117, 209, 310. Brickbell, 359. Bronx River, 138. Brooks, Edward, 367. Brown (of Northampton), 379. Brown, Andrew (printer), 190, 234, 235. Brown, James, 227. Brunks (Bronx) River, 138. Bryan, Judge, death of, 382, 391. Buchan's " Family Physician," 106. Buckley, 179, 182, 189; his political aspirations, 189 ; on the residence, 268. 37 Burd, 383. Burke, Judge [Edanus], on assumption' of State debts, 210, 211 ; attacks Hamilton, 227, 230; his inconsist- ency, 366, 367. Burke, Edmund, 249. Burrell, 153. Butler, Colonel, 90. Butler, General, at the treaty of Mus- kingum, 126. Butler, [Pieice], 173, 186, 226; on the Impost bill, 71, 72 ; on the Judiciary bill, 74, 88, 104, 117, 162; on the Tonnage act, 76 ; shall nominations he voted upon by ballot or viva voce ? 79 ; on the removing power, 112-114, 116; the treaty with the Southern Indians, 130 ; on the Compensation bill, 135, 139 ; on the residence, 157- 160, 164, 272-275, 278-281, 284, 285, 289, 307, 308, 310, 311, 313 ; criti- cises the President's speaking, 174; on the Carolina bill, 188; the A.boli- tion Society, 196 ; attacks Dr. Frank- lin, 196, 247 ; on the Enumeration bill, 197, 198 ; on assumption of State debts, 209, 289, 323, 325 ; on the Naturalization bill, 217 ; favors slavery, 223 ; on the Military Estab- lishment bill, 239, 243; the Rhode Island bill, 264, 266 ; arrears due to soldiers, 270; Steuben's bill, 273, 276 ; on the Funding bill, 297, 298 ; on the Settlement bill, 318; on the Bank bill, 368, 370; on the Excise bill, 388; his resolution for augment- ing the salaries of Federal officers, 400. Cables, duty on, 53-56. Campbell, Donald, claims of, 337. Campbell, Duncan, his petition, 39. Canada, 308; lands for. Canadian suf- ferers, 298. Carlisle, in the residence question, 134. Carolina bill. See North Carolina. Carolina Cession att, 228. See also under North Carolina and South Carolina. Carpenter, 369. 418 INDEX. Carroll, [Charles] (of Carrollton), 114, 216, 220 ; on titles, 2, 24, 35, 36, 38, 65, 233 ; on questions of ceremony, 4, 8, 10, 19, 22 ; on the signing of bills by the Vice-President, 39, 40; on the Impost bill, 48, 51-54, 57, 58, 67, 71 ; shall nominations be decided upon by ballot or viva voce ? 79, 80 ; on the removing power of the Presi- dent, 113, 116; on the Compensation bill, 139 ; in the residence question, 168, 160, 166, 276, 279, 289, 291, 292, 307-312, 314, 395-397; on the Military Establishment bill, 239, 245 ; moves that crape be worn for the death of Franklin, 246, 247 ; on the Rhode Island bill, 250, 251, 264; ar- rears due to soldiers, 270 ; on the Post-Office bill, 308 ; on the Assump- tion and Funding bills, 314, 322, 327, 328. Census. See Enumeration. Centralization of power, 116, 117, 230, 232, 236, 250, 264, 333, 393, 394. See aho under State rights. Ceremonies, joint committee of, 4. Ceremony and etiquette, an undue amount of, in Congress, 2, 4, 7, 8, 21, 127, 251. See also under Adams, J., Monarchical, and Titles. Certificates, Continental, speculation in, 177-179, 199, 200, 301, 330-332, 336 ; funding of, 177, 195, 296, 297 ; de- preciation of, 327 ; counterfeit, 407, 408. See aho State debts, assump- tion of. Cession bill. See North Carolina. Chancery, debate on, 95, 96. Cherokees, 128, 129. Chew, [Benjamin], 346. Chiokasaws, 129; treaties with, 132. Childs (printer), 152, 250. China, trade with, 60 ; her neutral policy desirable for the United States, 82, 83. Choctaws, 129; treaties with, 132. Cigar-smoking in 1790, 301. Cincinnati, the Order of the, 274 ; cele- brate the 4th of July, 100 ; " one of Hamilton's machines," 194, 209; in politics, 283, 320 ; attacked by Judge Burke, 357. Circuit Courts, debate on, 87, 88, 104, 251. Civil list, increase of the, 297. See also Offices. Clarton, Governor, attacks Hamilton, 194. Clymer, [George], 3, 238, 331 ; in corre- spondence Vfith Pennsylvanians on the impost question, 63, 54, 59, 60 ; on the residence question, 136, 138, 142, 146, 149-156, 161, 166, 190-192, 224, 233, 267, 277-279, 292, 319, 335, 336; on the assumption, 202, 209, 223, 224, 227-231, 236, 237, 327, 332 ; opposed to paying debts with Western land, 249 ; supports Tench Coxe, 255 ; on the Pennsylvania accounts, 264. Coal, duty on, 91. Coasting-trade bill, 124, 126, 128, 134. Coinage, laws respecting, 86; counter, feit, 86. Collection bill, 63, 59, 71, 73, 75, 113, 118, 340. Collms, 346. Commissioners of Loans, bill for com- pensation to, 412. Commerce, bill for the protection of, 97. Committees in Congress, advantage of, 130. Committees. For various congressional committees, see Arrangement, Cere- monies, Congress, Howell's, Judiciary, Mediterranean navigation, Newspa- pers, Penal Federal laws, Ehode Isl- and, Senators. Company bill, 29. Compensation bill, 134-186, 139-141. Conewago Falls, 162. Congress, the residence question (de- bates on the removal of Congress from New York, and its future resi- dence), 3, 4, 14, IR, 37, 38, 41, 43, 70, 75, 86, 88, 134, 136, 137, 139, 142, 145-166, 168, 173, 178, 190-193, 224, 226, 231, 244, 249-261, 266, 267-269, 271-275, 277-286, 289, 291-295, 299, INDEX. 419 300, 304-814, 819-322, 828, 329, 333, 835, 340-342 ; the District of Colum- bia decided upon, 378, 395, 397 ;— (the minutes of the debates on the residence extend practically through the whole book. The above are the pages on which reference is specially made to the question. For the opin- ions and expressions of various indi- viduals on this matter, the reader is referred to the names of such indi- viduals. Similarly, all places men- tioned in connection with the resi- dence question have been entered in the index) ; — powers of, 6, 16, 17, 86, 217 ; undue observance of ceremony in, 2, 4, 7, 8, 21, 127, 251 {see also under Adams, J., and Titles) ; jealousy between the two Houses, 16, 18, 33, 86, 38, 91, 150; communication between the Houses, 18, ] 9 ; committee on old congressional papers, 30; the journals to be pub- lished monthly, 42; bribery of the members, 117, 209, 310 ; advantage of committees, 1 80 ; salaries of members, 135, 140 (see also Compensation bill) ; a chaplain appointed in the House, 173 ; Congressmen speculating in cer- tificates, 178, 179, 331, 332; "should all business originate de novo with every session?" 178, 180, 182-184; "deals," bargaining, and barter in votes (notably in the Assumption and Eesidence matters), 280, 231, 234, 269, 278, 291-295, 299, 304-306, 314, 321, 325, 328; a new building pro- posed for it, 836 ; meets in Philadel- phia (1790), 345 ; bill for altering its time of meeting, 401. For a list of the various bills brought forward in Congress, see Bills. See also Senate. Connecticut, 17 ; law regarding some of its ports, 234. Constable, 178, 883. Constitution of the United States,^-on the Vice-President's position in the Senate, 2, 3 ; on the powers of Con- gress, 6, 16, 17, 86 ; against the grant- ing of titles, 28 ; its adoption, 75, 76, 259, 267, 321, 411 ; provides for bal- loting on nominations in the Senate, 78, 80 ; on Federal jurisdiction, 85 ; on the judiciary, 87 ; on afiBrmation in courts, 88 ; on powers of the Sen- ate, 110, — (approving power) 119 ; on impeachment. 111 ; to absorb the State constitutions, 117; on powers of the President, 116, 120, — (appoint- ing and removing) 111, 118-115 ; war powers, 130 ; amendments before Congress, 134 ; on the standing army, 227, 241, 244, 245 ; on State rights, 893, 394. Constitutionalists, the (political party), 193. Consuls and vice-consuls, 94, 257 ; privi- leges of, 74 ; bills respecting, 337, 868, 879; salaries of, 297; eligibil- ity of foreigners, 297. See also Am- bassadors and Ministers. Contee, 88. Continental certificates. See Certifi- cates. Continental money, funding of, 286; depreciation of, 287, 298, 880. See also Certificates. Cook, Colonel, 864. Cook, David, bill for relief of, 418. Coots, Robert Vaux, 879. Cordage, duty on, 63-55. Cotton, duty on, 68. Counterfeit certificates, 407, 408. Counterfeiting coin, punishment of, 86. Courts, District and Circuit, debate on, 87, 88, 104, 251. Courts, Federal, jurisdiction of, 86-88 ; to absorb all the law business, 117; bills for regulating the process in, 181. See also Judiciary bill. Courts of nisi priViS, 88. Coxe, Tench, becomes Assistant Treas- urer of the United States, 265, 268, 259 ; on the Judiciary bill, 102 ; on the residence, 292. Cream, want of, in New York, 78. 420 INDEX. Creditors, public, memorial from, 139, 346, 352 ; answer to the same, 353. Creeks, treaties with the, 132 ; war with the, 115. Crimes and punishments, bill on, 179, 188, 238. Cromwell originates the Navigation Act, 16. Curry, 407. Curtis, Colonel, 347. Cuyler's Hook, 40. Dally, GifEord, 222. Dalton, Mrs., 69. Dalton, [Tristram], on titles, 26 ; on the impost, 51, 53, 67, 65, 67, 71, 234; on the removing power, 115, 116; treaty with the Southern Indians, 132; dines with Washington, 137; on the residence question, 166, 158, 161, 268, 270, 275, 281 ; the Rhode Island bill, 264; the Funding bill, . 339 ; bids Maclay good-by, 413. "Deals " and bargaining in the Congress, 230, 231, 234, 269, 273, 291-295, 299, 304-306, 314, 321, 325, 328. Debt, public, Maclay'a resolutions on, 200 ; to be paid with back lands, 224, 249; increase of the national debt, 256, 297 ; nominal reduction of, 356 ; bill to make debts due to the United States payable in certificates, 408 ; supplementary Act for the reduction of, 412. See also State debts and Settlement bill. Delany, Sharp, his estimate of the im- post for Pennsylvania, 46, 47; fur- nishes members with information on the revenue of Pennsylvania, 69, 66. Delaware, Falls of the, in the residence question, 75, 134, 139, 146, 146, 148, 161, 153, 154, 157-159, 284, 292, 294 ; defense of the Delaware River, 233. Dennis, 46. Departments, establishment of, 42 ; Foreign Affairs, 89, 101, 103, 109- 116, 118-120; Treasuiy, 101, 103, 136 ; War, 101, 103. Dickenson, General, 398 ; warns Maclay against his enemies, 365 ; on the Bank bill, 372 ; on Hamilton's specu- lations, 372, 394. District courts, debate on, 88, 251. District of Columbia (the "ten -mile square ") decided upon for the resi- dence of Congress, 378, 395, 397. See also 'under Congress. Doctors, compared to store-keepers, 149, 150. " Drawbacks." See wnder Impost bill. Dreams, Maclay on, 277. Dress. Propriety in dress commenda- ble, 271. Duer, 179, 255. Dutch, the, "divided and factious," 114. Dutch loan. See Holland. Duties, 86. See also Collection bill. Impost bill. Tonnage act. East Indian trade, denounced in the de- bate on the impost, 60, 61, 68, 71, 72 ; bill for, 304. Eastern States and people. See under New England. Elizabethtown Point, 70, 71. Ellioott, Andrew, 32; surveyor of the "triangle," (Erie County), Pa., 123- 126; his account of the Niagara Falls, 190. Elmer, [Jonathan], 38 ; on the removing power, 116; on the Compensation bill, 134; his character, 147, 401; visits Maclay, 147, 151 ; on specula- tion in Congress, 177 ; part of his pay deducted for non-attendance, 229 ; on the Rhode Island bill, 264 ; on the residence question, 268, 269, 276, 284, 806, 306, 311, 401. Elsworth, 26, 166, 320 ; on the position of the Vice-President in the Senate, 3 ; on the relations between the two Houses of Congress, 8, 16; on the bill respecting the oath for the sup- port of the Constitution, 16-20; on titles, 22-24, 29, 33, 35, 87-39 ; on the signing of bills in the Senate, 40, INDEX. 421 46, 191 ; on the impost, 44, 49, 62, 61, 60, 61, 66-68, 71, 72, 89; shall nominations be decided upon in the Senate by ballot or viva voce? 79, 80 ; on the Judiciary bill, 86, 87, 89, 91-95, 97, 99, 101-107, 162; on the remoTing power, 112-114, 116; the Bill for foreign affairs, 118-120; in the " Triangle " (Erie County) affair, 120 ; on the treaty with the Southern Indians, 130, 132; on the penal law, 136 ; on the Compensation bill, 140 ; on the Salary bill, 144, 147 ; on the residence, 168, 275, 293, 308, 313, 395; on "unfinished business," 179, 181-183, 185 ; the bill on crimes and punishments, 179, 187, 188; on the Carolina bill, 188 ; Morris's memorial, 194; on the Enumeration bill, 195, 197; on the Naturalization bill, 215, 217 ; on the Appropriation bill, 222 ; on the North Carolina cession, 202, 203, 226, 236 ; a partisan of Hamil- ton, 234, 290 ; on the Military Estab- lishment bill, 239, 241-245, 250 ; at- tacks Franklin, 246, 247; his obsti- nacy, 256 ; on the Rhode Island bill, 259, 264, 266 ; pay due to Southern soldiers, 269, 270 ; on Steuben's bill, 273, 276 ; contradicts Adams, 278 ; on the Funding bill, 287, 290, 291, 298, 300, 301 ; on assumption, 288, 289, 325-328 ; on State debts, 314 ; on the Settlement bill, 317, 318 ; his resolution respecting the public cred- itors, 353 ; draws up a bill respecting consuls, 368 ; his character, 369 ; on the Bank bill, 370, 371 ; on the Ex- cise bill, 381, 388 ; adTocates the breaking up of State boundaries, 389 ; on tonnage duties, 402, 403, 406, 406 ; on the " instruction " of Senators, 899. Ely, Colonel, bill for pension to, 266- 260. England. See Great Britain. English jurisprudence, 98, 99, 107, 108 ; English forms imitated in America, 187. Enumeration (Census) bill, 194, 196, 197, 198. Brie County (the " Triangle "), 123-126 ; purchased from the Indians by Fenn- sylvania, 124, 126. , Evans, 376. Evidence, compulsory, in court, 92, 93. Ewing, Parson, 355, 356. Excise, resolutions against, 376 ; State deliberations respecting, 896 ; in Eu- rope, 387 ; violation of, in Pennsyl- vania, 387. Excise bill, 381-383, 386-391, 398, 399, 401. Federal courts. See under Courts. Federal debt. See Debt, public. Federal judiciary, province of the, 86. Federal offices and salaries increased, 400. See also Offices. Federal residence. See under Congress. " Federalist," The, instrumental in pro- curing the adoption of the Constitu- tion, 76. Federalists, The, 86, 396. Fenno, printer, 39. Few, [William], 182 ; on titles, 26, 36, 37 ; on the residence, 43, 268, 274, 275, 282, 286, 307; on the impost, 55, 57, 61, 62, 71 ; on the Tonnage act, 79 ; on balloting in the Senate, 79 ; on the removing power, 116 ; In- dian treaties, 130; the bill on fines, 211 ; on the Naturalization bill, 217; on the Military Establishment bill, 232 ; on pay due to Soiithern soldiers, 270. Findley, James, 890. Findley, William, in Pennsylvania poli- tics, 212, 376 ; his endeavors to sup- plant Maclay, 348, 352, 358, 365, 395, 396. Fines and forfeitures, bill for the miti- gation of, 211, 215, 224, 232. Fisher, Meyers, on the Judiciary bill, 78, 92, 102. Fisheries of New England, Jefferson's report on, 384, 386. Fitzsimons, Mrs., 368. 422 INDEX. Fitzsimons, Thomas, 84, 358; on the impost, 29, 32, 47, 48, BO, 63, 84, 68-60, 67, IS, 84; the Company bill, 29 ; on the residence, 136, 142, 146, 148, 161-156, 159, 166, 190, 267, 269, 277-280, 289, 295, 299, 306 ; speculates in certificates, 178 ; opposes funding, 193 ; on the Penn- sylTania governorship, 200, 254, 265, 271, 336; on assumption, 202, 208, 230, 233, 235-237, 293, 333 ; on "in- struction " of Senators, 220 ; his bear- ing toward Maclay, 225, 319, 331 ; on the Settlement bill, 263, 318 ; the Ehode Island bill, 264 ; on the Fund- ing bill, 291-293, 302, 303; on the Military Establishment bill, 396. Fleet. See Navy. Foreign Affairs, bill for organizing the department of, 89, 101, 103, 109-116, 118-120. Foreign nations, bill for intercourse with, 278, 304. Foreign officers, bill for paying dues to, 398, 410. Foreigners. See Aliens, Consuls, and Naturalization bill. Fort George, demolition of, 299. Fort Pitt, 152, 308. Foster, [Theodore], 388. France, abolishes titles, 12, 13, 233, 349, 350 ; convention with the United States, 74, 412 ; remonstrance against American tonnage duties and result- ing complications, 78, 380-394, 397, 401-405, 407 ; the French Revolution, 155, 249; National Assembly, 349, 379, — (eulogiums on Franklin) 350. Franklin, [Benjamin], 166 ; attacked in the Senate in regard to his connection with the Abolition Society, 196,' 197 ; his character assailed by Izard and Johnson, 238 ; proceedings of Con- gress on his death, 246, 247 ; eulogi- ums and letter from the National As- sembly of France, 360, 379, 380; eulogium by Dr. Smith, 408. Freemasons parading in New York, 88. French Revolution, the, 165, 249. Friends. See Quakers. Funding, advocated by Elsworth, 318; recommended by Hamilton, 177, 193, 194, 199; in Great Britain, 337- 839. Funding bill, 282-284, 286-294, 296- 298, 300, 301, 304, 321, 323, 327- 330, 333-335, 337-339, 362, 354, 360; consolidated with the Assump- tion bill, 330, 333. See also wider Debt, public. Gallatin, [Albert], 390, 396. Genesee, the, in the residence question, 15. Genoa, proposals of a treaty with, 186. George, Fort. See vmder Fort. Georgetown (on the Potomac), in the residence question, 294, 309. Georgia, Indian affairs in, 124, 129, 130, 132, 239, 240 ; power to levy tonnage duties, 367. Germantown, in the residence ques- tion, 134, 153, 158, 159, 163, 165, 168, 284, 292, 294. Gerry, [Elbridge], as a speaker, 228; on the Company bill, 229 ; on the im- post, 47; on the residence, 153; on the Assumption bill, 214, 237, 288. Gibson, Colonel, 126. Giles, [William Branch], 374. Gilman, [Nicholas], 277. "Gladiators," Senatorial (followers of Hamilton), 210, 211, 220, 227, 234, 235, 258, 331, 381, 398. Glassbrook, Brown, 166. Goodhue, [Benjamin], on the residence question, 14, 146-148, 277. Gorham, 123, 126. Gould's bill of claims, 307, 310, 314, 317. Graff, 382. Gray, George, 228, 230. Grayson, [William], 38 ; on the impost, 66, 72 ; on titles, 66 ; on the Tonnage act, 76 ; on the Judiciary bill, 85, 87, 88, 95, 97, 99, 104, 117; on the For- eign Affairs bill, 116, 118 ; on the residence, 157, 158, 160, 164; his INDEX 423 ill-health, 169; his death, 246; his successor, 248. Great Britain, its Parliament, 1, 8, 33, 180 ; trade with the United States, 60 ; with the East Indies, 61 ; Navigation act, 76, 77 ; Exchequer Chamber, 87 ; expense of the English judiciary, 95 ; English jurisprudence, 98, 99, 107, 108, 187; power of the crown, 114, 115; the House of Lords, 116, 118, 123, 140; importance of the chief clerks, 119, 120; law concerning land-holders, 215 ; the Mutiny bill (standing army), 244; its finances, (cir- culating coin) 298, (funding system) 337-339, (debt) 356 ; war with Spain, 322 ; corruption in, 362, 410 ; the ex- cise in, 387 ; negotiations with the United States, 392, 394, 402-407. " Grecian bend," the, in 1790, 282, 283. Greene, General, Hamilton's oration on, 100. Griffin, 363. Grout, 15. Gunn, [James], on the impost, 67 ; on the removing power, 116; on the treaty with the Southern Indians, 129, 130 ; on the residence, 157, 158, 267, 268, 272, 276, 279, 286, 304, 309, 397 ; on the Military Establishment bill, 239, 240, 250, 251 ; on the Rhode Island bill, 264 ; pay due to Southern soldiers, 270 ; asks for copies of the secret journal, 375. Gumey, 348. Haerlem, 241. Hamilton, [Alexander], his "Federalist" instrumental in procuring the adop- tion of the Constitution, 75 ; pro- nounces an oration on General Greene, 100; his position on the residence question, 145, 178, 281, 291-295, 299, 304-306, 329; advocates funding, 177, 188, 189, 194, 200, 290, 329, 331 ; his measures benefit the specu- lators in certificates, 188, 197, 331, 398 ; his report, 190, 199, 336,— (the clause on assumption) 202, 226, 252 ; attacked by Governor Clarton, 194 ; on assumption, 202, 208, 210, 211, 226, 237, 245, 252, 264, 291-293, 322, 331, 334, 340, 356 ; his tools and followers in Congress (called " Sena- torial gladiators" by Maclay), 139, 197, 210, 211, 220, 227, 234, 235, 258, 275, 281, 299, 302, 331, 401, 411; the ''Cincinnati," ''one of his machines," 194, 209 ; his hired par- tisans, 290, 310, 409; attacked by Judge Burke, 227 ; expected duel with Burke, 230 ; on the impost, 235 ; refuses to deliver up pub- lic papers, 261-263 ; his efforts in behalf of Steuben's bill, 266, 267, 271, 273, 275 ; bargains and negotia- tions : the residence for the assump- tion, 291-295, 299 ; his manner, 310 ; on the Settlement bill, 317, 320; makes a scapegoat of Washington, 329, 361, 399 ; unnecessary increase in taxes under his management, 334, 876, 377 ; report on a national bank, 355; the Bank bill, 370, 372; the Excise bill, 385, 387-389 ; his people desire a war, 406 ; the Mint bill, 409, 410. Hancock, 288. Hancocktown, in the residence ques- tion, 313. Harmar, General [Josiah], his expedi- tioD against the Indians, 350, 395. Harrington, 81. Harris, Davy, 75, 89, 90, 128, 384. Harris, John (founder of Harrisburg, Pa.), 350, 367, 368, 384. Harris, R. (Bobby), 350, 384; illness of, 200, 204-207, 238. Harrisburg, 236 ; in the residence ques- tion, 88, 134 ; Circuit Court at, 251 ; founded by John Harris, 367. Hartley, [Thomas], 263 ; ^on the resi- dence, 136, 142, 146, 162, 154-166, 159, 224 ; on " unfinished business," 183 ; on the Assumption bill, 209, 229, 232, 237, 295, 306, 307 ; his ex- travagance, 246 ; his pomposity, 258 ; breaks his arm, 367, 363. 424 INDEX. Hawkins, [Benjamin] (Senator from North Carolina), 314; takes his seat in the Senate, 1Y6 ; on speculation in certificates, 179 ; on the bill respect- ing crimes and punishments, 187 ; on the Carolina bill, 188 j pay due to Southern soldiers, 270; on the resi- dence, 272, 275. Hazard, [Jonathan J.], 266 ; speculates in certificates, 178. Heister, General [Daniel], 223 ; on the residence question, 146 ; on the As- sumption bill, 209, 237. Hemp, duty on, 55. Henry, [John] (of Maryland), on titles, 36; on the remOTing power, 116 ; on "unfinished business," 182, 183, 186 ; Mr. Morris' memorial, 194; on the Naturalization bill, 217 ; on cabals in governments, 224 ; on the increase of the public debt, 256 ; on the Rhode Island bill, 264 ; pay due to Southern soldiers, 270; on the residence, 275, 281, 305; on the Funding bill, 328; on the Excise bill, 388 ; on the Con- stitution, 392, 393. HUlegas, [Michael], 261-263. Holland loan, 408, 410, 411. Hopkinson, Judge [Francis], on the Ju- diciary bill, 100, 101, 103. Horses, price of hire of, 83, 84. House of Lords, 123. House of Eepresentatiyes, a chaplain appointed in, 173; pay of the mem- bers; see Compensation bill. See also v/nder Congress. Howell, Beading, 151. Howell's committee, 340. Huger, 90, 209. Humphreys, Colonel David, at the Presi- dent's house, 41, 42, 75, 90 ; a fol- lower of Hamilton, 235 ; appointed to the court of Portugal, 396. Huntington, [Benjamin], 277. Hutchinson, Dr., 390, 391. Immigration, 213, 217; to the West, 219 ; to Kentucky and Yazoo, 219. See also under Naturalization bill. Impeachment, trial by. 111, 112, 114, 182. Impost, 86, 404 ; bill for extending the impost to North Carolina, 191. Impost bill, 29, 44-68, 71-73, 78, 81,- 83, 89, 91, 234, 235, 398 ; discrimina- tion in favor of nations in treaty, 47, 51, 78, 89, 96, 97, — ^in favor of Ameri- cans, 60, 76, 77 ; drawbacks or dis- counts, 63, 66, 67, 72. See also Ton- nage act. Independence Day in New York, 100, 315, 316. "Independent Gazetteer," the, 236. Indians, 378 ; treaties with, 74, 175, 329, — treaties with Southern Indians,128, 129, 132, — bill for Indian treaties, 124, 225 ; in Georgia, 124, 239, 240 ; sell the " Triangle " (Erie County) to Penn- sylvania, 124, 126 ; embassy to South- ern Indians, 174 ; bill for regulating the intercourse with, 232, 314, 320, 322, 329; armed by the Spaniards, 240; wars with, 366, 383,390,409; with the Creeks, 175 ; with the South- ern Indians, 240 ; with the Wabash Indians, 349 ; Harmar's expedition, 850, 895 ; Western war, 391 ; war with Northern and Northwestern In- dians, 406 ; Indian depredations, 880 ; estimate of lands not claimed by, 412. Influenza in New York city in 1790, 257, 265. Inspection laws of the States, bill for enforcing, 226-228. Intercourse bill (for appointing ambas- sadors), 278, 304. Invalid biU, 412. Inventions, bill for encouragement of, 21, 224. See also Bailey. . Irvine, General, 298. Irwin, General, arrives in New York, 161 ; leaves for Carlisle, 236 ; a com- missioner for the settlement of ac- counts, 301 ; on the residence, 314 ; on assumption, 382. Irwin, Matthew, 346, 865. Izard, [Ealph], 201, 300, 820 ; on com- INDEX. 425 munication between the Houses, 1; on ceremony, 4, 7, 8 ; on the bill pre- scribing the oath, etc., 16, 11, 19 ; his antipathy to Pennsylvania on account of its position in the slavery question, 20, 223; on titles, 23, 27, 37; nick- names Adams " Rotundity," 30, 65 ; dislikes Adams, 30, IZl ; on the im- post, 51,57,67, 71, 72; on the Tonnage act, 76 ; shall nominations be decided upon by ballot or viva voce? 79, 81, 127 ; abuses the Quakers, 88 ; on the removing power, 112-116; on the Foreign Affairs bill, J19 ; in the " Tri- angle" (Erie County) affair, 123; on constitutional amendments, 134; on the Compensation bill, 135, 139, 140, 141, 143 ; on the salary of judges, 167; on the residence question, 149, 158, 160, 168, 272, 276, 282, 285, 307-310 ; the answer to Washington's address (1790), his work, 175; on "unfinished business," 179, 182, 186; Mr. Morris' memorial, 194 ; attacks the Abolition Society, 196 ; on the Naturalization bill, 211 ; the North Carolina Cession bill, 226 ; a partisan of Hamilton, 234 ; attacks Franklin, 238, 247 ; favors a standing army, 245 ; on the Rhode Island bill, 264, 266 ; on pay due to Southern soldiers, 269, 270; on Steuben's bill, 273; favors assumption, 289, 323 ; on Moore's bill, 309 ; on the Bank biU, 868 ; on " instructing " Senators, 399 ; complains of Hamilton, 409. Jackson, [James], on " unfinished busi- ness," 188; on the residence, 268, 292. Jackson, Major [William], 235, 357. Jamaica rum, duty on, 49, 51. Jay, Mrs., 137. Jay, [John], gives information respect- ing Short, 78; dines with Washing- ton, 137, 138; on the residence, 145 ; on assumption, 230-232 ; his library, 260; France and the Tonnage act, *408. Jefferson, [Thomas], his place at the court of France filled by Short, 78, 82 ; his appearance described, 272, 310; on the residence, 294, 312 ; on the Algerian troubles, 364 ; report on the New England fisheries, 384, 385 ; in the complications with France, 386, 397, 398, 402, 403. Jersey. See New Jersey. Johannes, a Portuguese coin, 3, 19, 198, 204. Johnson, Dr., president of the college (New York), 20, 196. Johnson, Sir William, 190. Johnson, Dr. [William S.], 268 ; on the answer to the President's speech (1789), 10, 22 ; on titles, 35, 38 ; on the impost, 66, 67 ; on the Judiciary bill, 88, 95, 104, 105, 107; on the removing power, 113, 116 ; in the " Triangle " (Erie County) affair, 124 ; on the Foreign Affairs bill, 119, 120; on the Penal bill, 137 ; on the resi- dence question, 161, 162, 169, 238, 247, 260, 269, 270, 272, 275, 281, 285, 313 ; on the North Carolina ses- sion, 203 ; on the Naturalization bill, 217; pay allowed bim, 229; on the Rhode Island bill, 264; on pay due to Southern soldiers, 269, 270; on assumption, 288 ; on the Excise bill, 390. Johnston, Governor [Samuel] (Senator from North Carolina), arrives in the Senate, 188 ; on the Enumeration bill, 195 ; on the Naturalization bill, 209 ; on pay due to Southern soldiers, 270; on the residence, 275, 281, 282, 285, 293. Juniata, the, 384. Judges, increase of, 87, 88 ; powers of, 98, 99; district judges, 101, 102; salaries of, 167. Judicial committee, 26, 30, 74. Judicial oflScera, witnesses and jurymen. Act for compensating, 412. Judiciary, bill for extending the judici- ary of the United States to North Carolina, 177. 426 INDEX. Judiciary bill, 30, 1i, 78, 85-89, 91-110, 111, 152, 251, 360. Judiciary, English, expense of tlie, 95. Judiciary, Federal, province of the, 86. July 4th. See Independence Day. Jurisprudence, English, 98, 99, 107, 108, 187. Jury, advantage of the, 96, 98 ; duties of jurors, 99 ; trial by, 109. Keale's account of the Pelew Islands, 207. Kenedy, 365. Kenedy, David, 345. Kentucky, 378 ; immigration to, 219 ; in conspiracy with the Spaniards, 240. Kentucky bill, the, 366. King, [Kufus] (Senator from Massachu- setts),248, 268, 394 ; on the "Triangle" (Erie County) 124 ; on the Compensa- tion bill, 135, 139, 141 ; the Penal bill, 137; on the residence question, 146, 157, 159, 161, 162, 165, 274, 275, 307, 308, 310, 311, 313, 314, 321 ; on the Judiciary bill, 152 ; his resolution to secure the delivery of the President's speech in the Senate, 173, 347 ; the answer to Washington's address (1790), 175 ; on unfinished business, 180; attacks Franklin, 196, 247 ; on the Naturalization bill, 213, 217; on the Appropriation bill, 222 ; pay allowed him, 229 ; attacked by the papers, 234 ; a partisan of Hamil- ton, 234, 290, 411 ; on the Military Establishment bill, 239, 240, 250, 261 ; the Rhode Island bill, 264, 266 ; on pay due to Southern soldiers, 269, 270; Steuben's bill, 275 ; on the as- sumption, 288, 289, 321, 322, 325, 334 ; the Funding bill, 290 ; on ad- journment, 300; his character, 315, 410 ; on the Settlement bill, 317; his resolution respecting the public cred- itors, 353 ; on the Bank bill, 371, 372 ; his peculiar methods in the Senate, 386 ; on the Excise bill, 388, 389 ; on the troubles with Great Britain and France, 392, 408. Kittera, [John W.], 369. Knox, General [Henry], on the treaty with the Southern Indians, 128-130; aiming at an Indian war, 175, 234, 239, 240 ; offers a bill for a militia law, 241 ; on the Military Establish- ment bill, 243 ; his appearance, 310. Kuhn, 262. Land-office, 214, 395 ; to be opened for the sale of Western territory, 200 ; proposed as a sinking-fund, 200, 290, 301 ; ruined by the assumption, 336. Land-tax favored by E. Morris, 287. Lands, held by aliens, 208, 215-218; speculation in, 214 ; Western lands, 218, 219, 339, 354; lands for the Canadian sufferers, 298 ; bill for grants of lands to Yirginia officers, 337; estimate of lands not claimed by Indians, 412 ; lands granted to settlers at Vincennes, 111., 412. Lancaster and the residence question, 134, 136. Lane, 365. Langdon, Mrs., 59, 137. Langdon, [John] (Senator from New Hampshire), ill, 5, 256 ; on the bill prescribing the oath, etc., 14, 17, 19 on ceremony, 21 ; on titles, 24, 64 on the impost, 52-54, 67, 71, 234 shall nominations be voted upon by ballot or viva voce .* 79, 81 ; on the Tonnage act, 97; on the Foreign Affairs bill, 112, 119; on the remov- ing power, 116; in the "Triangle'' affair, 124 ; on constitutional amend- ments, 134 ; dines with Washington, 137; the friend of Morris, 178; on "unfinished business," 181, 182; Bailey's bill, 205; on the Military Establishment bill, 242 ; on the resi- dence, 260, 267, 268, 270, 272, 275, 279, 285, 809, 312, 345, 346, 397, 401 ; on the Rhode Island bill, 264 ; on pay due to Southern soldiers, 270 ; on assumption, 326 ; complains of Morris' non-attendance, 370. Langdon, Woodbury, 401. INDEX. 42T Lawrence, [John], 19*7, 228 ; on the im- post, il ; on the residence, 150, 314; on assumption, 287. Laws, power of making them lies with Congress, 16. Laws. For various laws, see wider Abolition, Bankrupt, Coinage, Con- necticut, Inspection, Militia, Penal (2), Revenue. See also Acts. Lear (Washington's secretary), 41 ; de- livers messages, etc., from the Presi- dent to the Senate, 127, 137, 174, 188, 190, 329, 378, 411, 413. Lee, [Richard Henry] (Senator from Virginia), on titles, 1, 2, 22, 23-26, 30, 32, 33, 35, 37, 38, 65 ; on cere- mony, 4, 7, 8, 21 ; on royal forms, 11 ; on the bill prescribing the oath, etc., 18, 20 ; on the signing of bills in the Senate, 39, 45; on the impost, 61, 55-87, 60, 61, 63, 67, 68, 71, 72, 83, 89 ; the " Ishmael of the House," 59 ; on the Tonnage act, 76 ; shall nominations be decided upon in the Senate by ballot or viva voce ? 19; on the Judiciary bill, 85-87, 92, 94, 95, 99, 105, 107, 117; on the Foreign Affairs bill, 113-116, 119; on the treaty with the Southern Indians, 129, 130, 132; on the Compensation bill, 140 ; on the Residence, 158, 160, 164, 275, 278, 281, 282, 284, 285, 307-309 ; on the Military Establish- ment bill, 239, 243, 245; on the Rhode Island bill, 266, 267 ; on pay due to Southern soldiers, 269, 270 ; on assumption, 289, 315-318, 328; his character, 290 ; on the Funding bill, 290, 291, 330 ; on the Settlement bill, 317, 318. Legislatures to instruct Senators, 192, 220, 399, 400. See also State rights. L'Enfant, [Peter Charles], 32. Lephers, 84. Levees, introduced by Washington, 15, 16; held by the President, 31. 42, 67, 74, 205, 227, 242, 255, 256, 347, 361, , 357, 364 ; interrupt congressional business, 69. Lewis, 78, 137, 383. Lighthouse bill, 412.'" Lincoln, General [Benjamin], 130. Linn, [William] (chaplain), 50 ; on the residence, 133, 158, 168; ill, 1|6 ; visits Maclay, 247. Livermore, Judge [Samuel], 191. Livingston, B., 316. Livingston, William (Governor of New York), 70. Loans, 401; Holland loan, 408, 410, 411. Loans, Commissioners of, bill for com- pensation to, 412. Logan, Dr. George, his letters and pub- lications on Pennsylvania affairs, 204, 212, 235, 357; a man of integi'ity, 283, 356. Long Island, visited by Washington, 242 ; by Congressmen, 247, 250. Loudon, printer, 38. Luper, 230. Luther's Reformation, 391, 392. Lynn. See Linn. McClenaohan, Blair, 346, 369. MoConnell, broker, 346. McOord, John, bill for making com- pensation to, 287, 288, 291, 297, 298. McKnight, Dr., 196, 265. Maclay, Samuel, 212, 213 ; informs his brother William of efforts made to supplant him, 346, 347, 365. Maclay, William, visits Washington, 1, 90, 363, — (on levee days), 31, 42, 74, 75, 227, 256, 347 ; on titles, 2, 18, 23, 24, 35, 36 ;' objects to royal forms, 10, 11 ; on the bill respecting the oath for the support of the Constitu- tion, 16-19 ; " dining out,"— (with the French minister, 18, — Speaker Muh- lenberg, 31, 118, 191, 192, 233, 277,— R. Morris, 73, 359, 367, 377,— Wash- ington, 137, 138, 177, 206, 257, 319, 363, 373, 374,— Otto, 192,— General Knox, 195, — Dr. Johnson, 196,— Ela- worth, 213, — Izard, 238,— Parker, 252,— Chew, 346,— Powel, 352,— Par- 428 INDEX. son Ewing, 355, — Bingham, 366, — Nicholson, 369,— Burd, 383,— C. Bid- die, 384, — Dr. Eushton, 407,-011 "club" or "mess" days, with the Pennsylvania delegation, 202, 208, 264, 259, 266, 272, 284, 293, 301, 309, 332) J at the theatre, 30, 31 ; on the impost, 46, 51, 52, 54, 55, 51, 58, 60-63, 65, 67, 78, 81, 83 ; on dangers in the Constitution, 75 ; on the Ton- nage act, 76-78, 403-405 ; favors the use of the ballot in voting upon nomi- nations sent to the Senate, 78-81, 127 ; on the Judiciary bill, 85-87, 93, 94, 97-99, 102-110, 117, 162; defends the Quakers, 88 ; on the re- moving power, 110-113, 116 ; on the Collection bill, 118 ; on the Foreign Affairs bill, 119, 120; gets leave of absence, 121 ; returns to New York, 122; on the Erie County affair, 126 ; incurs Washington's displeasure, 128, 129, 248, 249 ; on the treaty with the Southern Indians, 128, 129; shows the advantage of committees, 131 ; on the Compensation bill, 134, 136, 139, 141 ; favors low salaries for Congressmen, 141 ; his part in the residence question and in the ensuing debates, 146, 153, 160, 162-164, 190, 191, 224, 249, 250, 267-269, 274, 275, 278-281, 286, 294, 296, 306, 309, 314, 341, 342, 395, 397 ; is the ■ President above the law ? 167 ; leaves for Philadelphia, 169 ; arrives in New York, 173 ; his political ene- mies and their cabals, 174, 262, 321, 848, 349, 351, 353, 358, 359-361, 365-367, 375, 379, 383, 398; on "unfinished business," 179, 180, 182- 186; on the bill on crimes and pun- ishments, 187, 188; writes a drama, 189; on the signing of bills in the Senate, 119 ; on State legislatures, 192, 193 ; on the Enumeration bill, 195, 197; on the Abolition Society, 196; his resolutions on the public debt, 200; the North Carolina ces- sion, 202, 203, 236 ; on the Naturali- zation bill, 213; on the bankrupt law, 220; on assumption, 228, 231, 232, 252, 288, 289, 302, 315, 323, 324, 328-330, 331; opposed to the Military Establisliment bill, 232, 239- 241, 243, 244; on consuls, 267; hears a negro preacher, 232 ; on the Rhode Island bill, 259, 264, 267 ; op- poses Steuben's bill, 269, 273; on dreams, 277 ; opposes the Funding bill, 287, 288, 290, 293, 294, 297, 298, 337-339, 354; the Intercourse bill, 304 ; on pay due to Southern soldiers, 269, 270 ; on the Settlement bill, 317, 318, 320; on banks, 355; opposed to the Bank bill, 364, 368, 370, 371; on taxes, 376, 377; the Excise bill, 385, 387, 388; on the " instruction " of Senators, 399, 400. Maclure, 366. Macpherson, 3, 121. Madeira wine, duty on, 53. Madison, [James], 122; labors for dis- crimination in the Tonnage act, 97; on the residence question, 146, 312 ; his character, 160, 179; his political aspirations, 189 ; on the Federal debt, 194, 197-202; on assumption, 315; in the complications with France, 406. Maryland, in the residence question, 4, 153, 154, 159, 160, 284, 341; its commerce, 341 ; power to levy tonnage duties, 357. Massachusetts, privileges of its Legis- lature, 5, 6 ; considers the power of making a law to be with Congress, 17 ; boundary between Nova Scotia and Massachusetts, 198 ; its debt, 289. Mathers, doorkeeper of the Senate, 222, 280. Matthews, 306. May 1st (moving-day) in New York, 261. Mediterranean navigation, committee on, 369. Mediterranean trade, 364, 366. Memorials. For various memorials and petitions, see Abolition Society, Ad- INDEX. 429 lum, Barry, Campbell, D., Creditors, Morris, E., Printers, Quakers. Meredith, Samuel, 263. Mifflin, [Thomas], in the contest for the governorship of PennsylTania, 200, 212, 242. Miles, [Samuel], 212. Military Establishment bill, 224, 226, 227, 232, 239-246, 248, 396. Militia, called for by the Constitution, 227, 241. Militia law, bill for a, 241. Milligan, (auditor), 380, 407. Ministers plenipotentiary, 137 ; bill for the salaries of, 257. See also Am- bassadors and Consuls. Mint, Resolution of the, 409, 410, 412. Mississippi, settlers on the, 364. Mitigation [of fines]. Bill [for], 211, 216, 224, 232. Molasses, duty on, 4, 32, 50, 52-65, 65-67. MoUineaux, Sir Prancis, 32. Monarchical tendencies, in the TTnited States, 10-14, 21-25, 68, 113, 121, 122, 131, 144, 165, 166, 167, 175, 176, 861, 367; ridiculed by Peter Pindar, 204. See also Adams, J., Ceremony, and Titles. Money, continental, (see Continental) ; counterfeit, 86. Monroe, [James], on the resolutions respecting the public creditors, 363 ; on the Kentucky bill, 366 ; on the Bank bill, 368. Montgomery, 347. Montgomery, John (of Carlisle), in Penn- sylvania politics, 336, 369, 395; to supplant Maclay, 348 ; desires to en- ter Congress, 396. Montgomery, William, 358. Moore, Stephen, his bill (for the sale of West Point), 307, 309. Morocco, 408. Morris, Mrs., 69, 73, 74. Morris, Gouverneur, manages the nego- tiations with Great Britain, 392, 402 ; sells lands in Europe for B. Morris, 401. Morris, [Robert], 224, 358 ; attends levees, 31 ; Maolay's confidence in him, 32, — comes to an end, 183 ; on titles, 36, 36, 38, 39 ; on the impo.st, 46^8, 51, 53, 54, 56, 57, 59, 61-«8, 71, 72, 83, 89 ; shall nominations be voted upon by ballot or viva voce? 78, 79, 127; defends Quakers, 88; on the Judiciary bill, 92, 96, 98, 100, 101, 103, 117, 251 ; on the Tonnage act, 97 ; on the Foreign Affairs bill, 114-116, 120; on the Collection bill, 1 18 ; on the " Triangle " (Erie County) affair, 1 23, 1 24, 1 26 ; on the treaty with the Southern Indiana, 129, 130, 133; his position in the residence question, 134, 186, 137, 139, 142, 144-149, 151, 152, 166-166, 169, 174, 192, 267-269, 271, 272, 274, 275, 278-284, 286, 289, 292-295, 299, 300, 304-306, 309, 311, 395-397, 401 ; on the Com- pensation bill, 134-136, 139, 141 ; on constitutional amendments, 134; on judges' salaries, 157; speculates in certificates, 178, 408 ; his non-attend- ance in the Senate, 183, 188, 245, 366, 370, 374, 376 ; on " unfinished busi- ness," 185-187 ; his accounts (charges against him, and memorial to Con- gress), 188, 189, 193, 194, 200, 203, 222, 265 ; in the contest for the gov- ernorship of Pennsylvania, 188, 211, 255; on the Abolition Society, 196, 197; on the Enumeration bill, 197; on the assumption, 202, 208, 209, 213, 302, 323, 326-329, 333-336; Bailey's bill, 206 ; on the Naturaliza- tion bill, 208, 213 ; speculates in lands, 208, 214, 216, 218, 221, 225, 401; in Pennsylvania politics, 211, 255 ; on the Appropriation bill, 221, 222 ; on the Military Establishment bill, 241, 246 ; on Colonel Ely's bill, 260 ; on the Rhode Island bill, 263, 264 ; his character, 266 ; favors a land-tax, 287; on the Funding bill, 287, 296, 301, 324, 332, 333, 339; the "tool" of Hamilton, 299; on S. Moore's bill, 307 ; gives Maclay infer- 430 INDEX. mation on Pennsylvania politics, 349, 369 ; memorial of the public creditors, 352, 353 ; on the Bank bill, 370, 312- 374; on the Excise bill, 384, 386, 389 ; in the complications with Prance and Great Britain, 394, 402; shall Senators be instructed ? 399. Moylan, Colonel, 259. Muhlenberg, Mrs., 299, 300. Muhlenberg, [Frederick Augustus Con- rad] (Speaker of the House), 183, 186, 333, 379 ; on titles, 13 ; on the impost, 46, 47, 54 ; on the Judiciary bill, 102; on the residence question, 136, 146, 149, 154"; 155, 192, 233, 235, 267, 268, 289, 306, 307 ; gives Maclay information as to political cabals in Pennsylvania and New York, 174, 220, 346 ; on speculation in Con- gress, 178 ; on the assumption, 205, 224, 226, 229, 230, 246, 303, 314; proposed for the governorship of Pennsylvania, 212, 242, 255, 271. Muhlenberg, General [John Peter Ga- briel], 183, 283; pays visits, 30, 42, 175, 185, 230; on the impost, 46, 47; on the assumption, 209, 230, 237; proposed for the governorship of Pennsylvania, 212 ; on the residence question, 306. Murdock, Bob, 409. Muskingum, treaty of, 126 ; Indian depredations on the, 126. Mutiny bill of Great Britain, 244. Nails and spikes, duty on, 67. National bank. See Bank. Naturalization, 86. Naturalization bill, 208-211, 213-218. Navigation. See Mediterranean, Navy, and Ships. Navigation act, originated by Cromwell, 76. Navy, proposed formation of a, 76, 233, 383. Nelson, 235. Neutrality among nations a desideratum, 82. New England, character of its people, 6, 20, 210, 341, — (their want of can- dor) 260; its debts, 230 ; its fisheries, 384, 385. Eastern members of Congress, 14 ; on the duty on molasses, 4, 32, 50, 62, 53, 66 ; on titles, 25, 37 ; on the residence, 139, 142, 145-149, 151- 163, 157, 158, 162, 164, 166, 269; on the Naturalization bill, 213 ; on assumption, 214. New England rum, debate on, 66, 72. New Hampshire, 234. New Jersey, its Senators on the impost, 73 ; its claims, 301. New- Year's calls in 1791, 363. New York City, 308; Saint Paul's Church in, 4, 9, 100, 200; its varia- ble climate, 40; the Bowery, 43, 321 ; celebration of his Britannic Majesty's birthday, 68 ; scarcity of cream in, 73 ; parade of Free- masons, 88 ; street-paving in 1789, 90 ; Independence-day celebrations, 100, 315, 316 ; in the residence ques- tion, 146, 148, 149, 151, 153, 158, 162, 165, 166, 168, 178, 192, 273, 277, 286, 305, 309-312, 814, 316, 320, 321, 328, 329, 340 ; the Battery, 231, 292 ; moving-day (May 1st), 261 ; influenza in, (1790), 267, 266 ; parade of the Sons of Tammany, 260; character of its people, 315, — ^their inhospitality, 313, 314. New York State, its finances, 302. Newspapers, Committee on, 32, 39 ; de- bate on, 64, 183; increase of, 382; their " lying accounts," 402. Niagara Palls, 190. Nicholson, 369 ; on State accounts, 199, 212, 227, 255. Nominations, shall they be voted upon in the Senate by ballot or viva voce ? 78-82, 103, 104, 110, 111 ; approving power given to the Senate by the Constitutidh, 119. North Carolina, 174, 175 ; bill for ex- tending the judiciary of the United States to, 177 ; bill for extending the impost to, 191. INDEX. 431 North Carolina Cession, bill for gov- ernment of, 188, 189, 198, 202, 203, 225, 226, 236. See also Caro- lina. North Carolina members of Congress on the residence question, 161, 804; produce an act of cession, 189. Northumberland County, 218. * Nourse, [Joseph] (register), 261, 40V. Nova Scotia, boundary between Nova Scotia and the United States, 194, 198, 223. Oath, bill respecting the oath for the support of the Constitution, 6, 16-20 ; law respecting oaths, 63 ; adminis- tered in the Senate, 64 ; affirmation substituted in courts, 88, 89. O'Brien, Captain, 4, 375, 376. O'Fallon, Dr., 378. Officers, bill for the relief of a certain description of, 246, 318, 319 ; bill concerning half -pay and pensions, 256 ; bill for grants of land to Vir- ginia officers, 337; bill for paying dues to foreign officers, 398, 410. Offices, power of removal from, 82, 97, 103, 106, 110-112, 114; creation of, 239; increase of, 297, 320, 400; presidential patronage, 341, 362 ; office-seekers, 360. See also Nomi- nations and Salaries. Ogden, 352. Ohio River, bill for territory south of, 233, 235, 238. Opossum, the, 392. Original casks and packages, exporta- tion of rum limited to, 73. Osgood, [Samuel] (Postmaster-General), 363. Oswald, Eleazer, 204, 230, 236, 357. Otis, [Samuel Alteyne] (Secretary of the United States Senate), inaccuracy in his minutes, 2, 22, 25, 136, 136, 143, 144, 17S ; the creature of Adams, 64, 181, 207 ; his roguery and want of integrity, 135, 136, 143, 144, 176, 196 ; not reliable, 187 ; his untruth- fulness, 380-382. Otto, ehargi ^affaires of France, 192. Oxen, mode of killing, 247. Page, Mrs., 257. Paper manufacture in Pennsylvania, 62. Pardons, President's power of granting, 187. Parker, of Virginia, 251, 252. Parliament, ceremonies in, 7, 8 ; pro- rogation of, 180. Paton, 242. Paterson, [William], of New Jersey, 300 ; on the answer to the President's address (1789), 10, 14, 20, 22, 45,— (1790) 175; on titles, 24, 35, 226; on the Judiciary bill, 92, 94, 95, 101, 104; on the removing power, 115, 116 ; on the Foreign Affairs bill, 116- 117, 120; on "unfinished business," 186; on the Enumeration bill, 196; a partisan of Hamilton, 211, 234, 290 ; on the Naturalization bill, 217 ; on the residence, 268, 269, 273, 276, 281 ; on assumption, 289 ; on the Funding bill, 290, 297. Patronage, presidential, 341, 362. See aho Offices. Patterson. See Paterson. Pelew Islands, Keale's account of, 207. Pembertons, the, 341. Penal Federal laws, committee on, 32. Pgnal law [bill], 136, 137. See also Crimes. Pennsylvania, in the residence question, 15, 86, 135, 136, 145, 146, 163, 224, 231, 291, 294, 295, 305, 306, 312; its government, 49 ; its manufactures, importations, etc. (debate on the im- post), 54-66, 61, 62, 66 ; character of its people, 86 ; in favor of a chan- cery? 95, 96; the "Triangle" (Erie County), 123-125, — purchased from the Indians, 124, 126 ; treaty with the Indians, 132 ; its funding law, 193 ; the land-office, 207 ; in the assump- tion question, 208, 228, 229, 234 ; encourages immigration, 210, 211, 215-219 ; proposals for the govern- orship, 192, 212, 242, 254, 265, 271, 432 INDEX. 352; its debts, 213, 22Y, 255, 289, 326, 333, 336 ; its finances, 225, 255, 264, 300-303; its Constitution op- posed to a standing army, 244-246 ; funding of certificates in, 296 ; inde- pendent spirit of its yeomanry, 376 ; violation of the excise law in, 387. Pennsylvania members of Congress visit Washington, 4, 42 ; on the resi- dence question, 4, 136, 139, 142, 145- 147, 152-155, 159, 160-162, 166; on the impost, 65, 66, 73 ; their weeldy dinners (mess or club days), 202, 208, 254, 259, 266, 272, 284, 293, 301, 309, 332; caricatured, 315. Pensions, bills for, 256, 329, 412. See also Ely, OfScers. Peters, on the Judiciary bill, 102. Petitions. For various memorials and petitions, see Abolition Society, Ad- lum, Barry, Campbell, D., Creditors, Morris, R., Quakers. Pettit, [Charles], presents a memorial from the public creditors, 139 ; on the public debt, 326, 327; his desire to supplant Maclay, 346. Philadelphia, 308; its trade, 47, 66, 102, 341 ; in the residence question, 142, 147, 148, 154, 159, 161, 162, 165, 168, 224, 230, 231, 234, 265, 267, 270-272, 274, 277-279, 281, 283, 285, 286, 292, 294, 305-307, 310-312, 321, 328, 340, 341, 373; its public creditors, 249 ; the Circuit Court in, 251; an unsociable city, 340; Con- gress meets there (1790), 345 ; New- Year's calls in 1791, 363. Phils, 102. Pindar, Peter, pseudonym of Wolcott, John. Pitt, 338. Pitt, Fort. See wider- Fort. Planters, Southern, 341. Politics, avarice and ambition in, a fault in all popular governments, 365. Polnitz, Baron, 48, 49. Port St. Vincennes, or Vincent (on the Wabash), 355, 359. Porter, duty on, 91. Portland, N. H., 808. Post-Oifice bill (bill for the establishment of the post-office), 302, 307-309, 314, 315, 317, 322, 412. Potomac, the, in the residence question, 15, 136, 142, 148-150, 159, 161, 162, 164, 165, 190, 224, 244, 273, 284, 28b, 294, 299, 305, 307, 312-314, 373, 396, 401. Powel, 346, 352. Power, centralization of, 116, 230, 250, 264, 333, 893, 394. See also State rights. President of the United States, the question of a title for, 18, 24-29, 31- 38 ; his importance, 17, 19 ; his salary, 48 ; his powers under the Constitu- tion, 82, 103, 106, 109-116, 120; his removing power, 82, 113, 116; at- tempts to exalt his position, 104, 112, 113 ; invested with royal rights, 167; is he subject to law? 167; has no proroguing power, 180 ; his power of granting pardons, 187. See also Vice-President, and Washington, G. Prevost, Bishop, 218. Price on Annuities, 870. Prinoeten, 288. Printers, petitions from, 39. Prisoners, resolve for the safe-keeping of, 412. Progress bill, 248. Property-holding. See Lands. Protective duties, 54-58, 60-62, 67, 68, 71, 73, 76, 77, 97. See also Impost, Navigation act. Tonnage Act. Provost, Dr., 4. Public creditors. See Creditors. Public debt. See Debt. Putnam, Eufus, 227. Quakers, substitute affirmation for the oath in court, 88 ; present a memo- rial for the abolition of slavery, 196, 221-223; their unsociability, 340, 341; Judge Burke rails against them, 357. Read, [George], of Delaware, 8 ; on titles, 11, 26, 89 ; on the Judiciary INDEX. 433 bill, 93-96, 98, 101, 103, 104, 106, 111; on powers of the President, 116, 116; on the residence, 151, 158, 275, 279, 282, 292, 293, 306, 401 ; on assumption, 210, 292, 293, 322 ; on the Naturalization bill, 217 ; on the Rhode Island bill, 264; on pay due to Southern soldiers, 270. Reading in the residence question, 134. Reed, James, 126. Rees, Daniel, 335, 379. Removing power of the President, 82, ii:113, 116. Remsen, George, 376, 407. Representatives, pay of. See Compensa- tion bill. Representatives, House of. See House. Republicans, 193. Residence bill, the, 152, 279, 310-319, 322, 329, 333, 340, 395. See also under Congress. Resolutions. For various resolutions passed by or offered to Congress, see Butler, Mint, Prisoners, Soldiers. Revenue law, bill for suspending part of, 234. Revolution, The, mixed motives of the principal actors in, 10, 12. Rheumatism, cures for, 103, 380. Rhode Island, act appointing a conven- tion, 188 ; Senate committee on, 250, 251, 256, 257,— (its resolutions) 258, 269; Rhode Island resolves, 258, 259 ; the Rhode Island bill, 263, 264, 266, 267, 286, 808, 357 ; its Senators in the residence question, 308 ; Rhode Island Enumeration (Census) bill, 313 ; its power to levy tonnage duties, 357. Richardson, 203, 204. Ricketts, Mrs., in the residence business, 70. Ridley, 89, 90. Rienzi, his fall referred to by Maclay in the debate on titles, 34, 37. Roads and inland communications. So- ciety for promoting the improvement of, 384. Rodgers, Dr., 149. Eodgers, Rev. Dr., 194. 38 Rowle, 351, 379, 383. Royalty ridiculed by Peter Pindar, 204. See also Monarchical tendencies. Rum, duty on, 49, 51, 63, 66, 72; its exportation limited to original casks and packages, 73. Rush, Dr. [Benjamin], 346 ; supports John Adams, 86 ; letters to Maclay on political subjects, 212, 225, — (State debts), 251,— (the residence) 286, 299. Rushton, Dr., 189, 191, 407. Ryerson, 212-215, 384. St. Clair, Gen. [Arthur], collects ex- pressions of opinion on the Presi- dent's course in instituting levee days, 15, 16 ; visits Maclay, 59, 121 ; his talkativeness, 118; "dining out," 118, 377 ; in the " Triangle " question, 124; his salary as Governor of the Western Territory, 150; in the resi- dence question, 150, 152, 158 ; pro- posed for the governorship of Penn- sylvania, 212 ; troubled with rheuma- tism, 380. Saint Mary's River, 132. Saint Paul's Church (New York city), the President and Congress at, 4, 9 ; a college commencement in, 20; In- dependence-day celebrations in, 100, 316. Salaries, of the President and Vice- President, 48 ; Washington favors large salaries, 74; of Senators and Representatives (Compensation bill), 134-136, 139-141, 331 ; of Treasury officers, augmented, 144 ; of the Gov- ernor of the Western Territory, 150; of judges, 157 ; bill to give additional salaries to clerks, 211, 226; of am- bassadors, increased, 254, 304 ; of ministers plenipotentiary, charges d'affaires, etc., 257 ; bill for giving salaries to consuls, 297 ; bill for aug- menting salaries of Federal officers, 400 ; bill for compensation to com- missioners of loans, 412; act for granting compensation to judicial officers, 412. 434 INDEX. Salary bill, 144, 145, 14^; for execu- tire officers, 412. See also Salaries, above. Salt, duty on, 57, 59, 73. Sand used Instead of blotting-paper, 327. " School for Scandal " an " indecent representation," 31. Schuyler, [Philip John], 166; on the Foreign Affairs bill, 116 ; in the " Tri- angle " (Erie County) matter, 124 ; on the Compensation bill, 142; on the residence, 161, 162, 272, 275, 293, 308, 310, 397, 401 ; monarchical tendencies, 167 ; on " unfinished busi- ness," 182; on the Appropriation bill, 221 ; his pay, 229 ; a partisan of Hamilton, 234 ; on the Military Establishment bill, 239 ; on the Rhode Island bill, 264 ; on pay due to Southern soldiers, 270 ; on the Fund- ing bill, 300, 352 ; on the Settlement bill, 318; on assumption, 334; on the Bank bill, 370 ; his bill making debts due to the United States pay- able in certificates, etc., 408. Scott, 37, 40, 230 ; on the impost, 47 ; on the residence, 41, 136, 137, 145- 148, 156, 166, 190, 306, 315; his private character, 200, 201 ; on as- sumption, 208, 229 ; on the public debt, 194, 196, 212, 223. Seamen, bill for the regulation of, 313. Secretary of War, the appointment of, an error, 227, 239. Sedgwick, [Theodore], influenced by Hamilton, 197, 331 ; on the assump- tion, 237. Senate, United States, the Vice-Presi- dent as President of the Senate, 3, 64 ; its " dignity and pre-eminence," 16 ; the question of appointing a Sergeant-at-Arms, 30-32 ; classing the Senators into three divisions, each serving two years, 32, 33, 38, 189; shall nomination|''be voted upon by ballot or viifa ioce? 78-81, 123, 127 ; "vile politics" in, 91 ; its power lessened, 103 ; its powers, 110-112, 118-120, — (approving power) 119, 120, 399, 400; cabals and intrigues among the members, 114, 224, 309, 312,337,341,387; attempts to destroy it, 116 ; bribery of the members, 117, 209, 310; Washington attempts to subjugate it, 122, 130; "deals" and bargaining in the Senate (notably in the assumption and residence mat- ters), 230, 231, 269, 273, 291-295, 299, 304-306, 314, 321, 325, 328 ; its doors to be opened, 251, 371, 399- 401 ; bills rushed through at the close of the session, 409, 412. See aho Congress and Senators. " Senatorial gladiators " (partisans of Hamilton), 210, 211, 220, 227, 234, 235, 258, 331, 381, 398. Senators, shall they be styled " honor- able"? 64, 66, 225, 226; salaries of, 143, 331 (see also Compensation bill) ; committee appointed to settle their pay, 228 ; pay and mileage of, 229 ; " instruction " of, by State Legisla- tures, 192, 193, 220, 399, 400. See aho under Senate. Seney, [Joshua] (of Maryland), on the residence, 88, 152, 154. Settlement bill [bill for the settlement of accounts], 313, 315, 317-321, 340. See also State debts. Settlers, on the Wabash and the Missis- sippi, 364 ; at Vincennes, 111., act for granting lands to, 412. See also Im- migration. Shays' insurrection, 214, 215. Sherman, [Roger], on " unfinished busi- ness," 183; on assumption, 236. Shippen, 383. Ships and shipping, 76-78 ; tonni^e du- ties, 78, 403, 404. See also Navy, and Tonnage Act. Short, [William], succeeds Jefferson at the court of France, 78, 80-82. Simons, 202, 208. Slavery, Abolition Society's petitions and memorials, 196; Quaker memo- rial for the abolition of, 221-223; abolition laws, 382. INDEX. 435 Smilie, [John], his opposition to Maelay, 352, 358, 865, 369; political aspira- tions, 394, 396. Smith, dines with Washington, 137, 138. Smith, Colonel, 848. Smith, Dr., 384 ; his eulogium on Frank- Un, 408. ^ Smith, Mrs., 267. Smith, Charles, 377. Smith, T., 369. Smith, [William] (of Maryland), 197 ; on the residence, 142, 152, 154. Smith, [William Loughton] (of South Carolina), on the assumption, 229. Society for promoting the iraproyement of roads and inland communications, 384. Soldiers, pay of. Resolutions relatiTe to arrears due the Virginia, North Caro- lina, and South Carolina troops, 269, 270. See also Pensions and Steuben. Sons of St. Tammany parading, 260. South Carolina, and the impost, 71-73 ; salary of its Senators, 135 ; its debts, 289, 320. Southern planters, 341. Spain, Kentucky in conspiracy with, 240 ; arms the Indians, 240 ; war with England, 322. Speaker of the House of Representa- tives, shall he be styled "honor- able " ? 2. Standing army. See Army. State courts, 87, 88. See cdso Courts. State debts, bill for the assumption of, and debates on the same, 202, 205, 208-211, 213, 214, 224, 226-232, 234, 236, 287, 246, 246, 250-252, 256, 264, 288, 289, 291-294, 301, 302, 314-819, 321-336. Bee also Debt, public, and Settlement bill. State inspection laws, bill for extending effect of, 226-227 ; signed, 228. State Legislatures to instruct Senators, 192, 193, 399, 400. State rights, 220, 890, 393, 394 ; anni- hilation of State governments and Legislatures, 117, 232, 286, 320, 389, 390, 394 ; obliteration of State bound- aries, 389, 399. See also Centraliza- tion of power. Steel, duty on, 57. Sterret, 201. Steuben, Baron, his bill, 256, 261, 266, 266, 269, 271-276, 283. Stone, Henry, 247. Strong, [Caleb], of Massachusetts, 181, 268, 364, 365 ; on New England char- acter, 6 ; on titles, 26, 46, 173 ; on the impost, 61, 52, 66; on Washing- ton's expected resignation, 86 ; on the Judiciary bill, 93-96, 98, 99, 101, 104 ; on the powers of the President, 113, 114, 116 ; the bill on crimes and punishments, 187, 188 ; on the sign- ing of bills in the Senate, 191; on the North Carolina Session act, 202, 203 ; on the Naturalization bill, 217 ; a partisan of Hamilton, 234 ; on the Rhode Island bill, 264, 266 ; on the pay of soldiers, 270 ; on the residence, 276 ; on the Post-Office bill, 808 ; on the Settlement bill, 317 ; on the Bank bill, 371 ; on the Excise bill, 388. Sturges, [Jonathan], on the residence question, 14, 41. Sugar, duty on, 68, 66, 67, 67. Suits in equity, 96. Bee Judiciary bill. Sunbury, 346. Supreme Court, its power under the Constitution, 87. Bee also Courts. Susquehanna, the, 384 ; in the residence question, 16, 136, 139, 147-149, 152- 166, 174, 192, 193, 208, 284, 291, 292, 341, 342; the -Susquehanna bill, 167, 158, 166. Swanwick, 407. Tammany. See Sons. Tariff. Bee Impost bill. Protective duties, and Tonnage Act. Taxes, collection of, 86; land-tax fa- vored by Morris, 287; the right of imposing them, 296, 820 ; increase of, ^ 297, 334, 366, 876, 377; tonnage a tax, 404. Bee also Excise bill. Tea, duty on, 46, 60, 61, 67; bill for collecting the duty, 413. 436 INDEX. " Ten-mile square," for the residence, 397 ; to be laid near Philadelphia, 1 65 ; half of it to be in Virginia, 378, 395. See also imder Congress. Thatcher, on the residence, 15 ; on " un- finished business," 183. Thomas, Joseph, 260. Thomson, General, 298. Thomson, Charles, 25 ; treated with neglect, 7, 8 ; on the power of the President, 106 ; in Pennsylyania poli- tics, 192, 346. Tilfair (of Georgia), suicide of, 299. Titles, the question of, debated in the Senate, 1, 2, 13, 14, 22-29, 31-38, 50, 51,— (the Title Committee, 1, 22- 24, 33,— title of the Speaker, 2,— of the President, 18, 24-29, 31-38,— -of the Vice-President, 38, 64, — of the Senators, 64, 66, 225, 226) ; abolished in France, 12, 13, 233, 350. See also Monarchical tendencies. Todd, 380. Tonnage act (Tonnage bill), 76-78, 89, 91, 94, 310, 321, 357 ; discrimination in favor of nations in treaty, 78, 91, 96, 97, 263, 380, 381, 392, 394, 403, 404. See also Impost bill. Tracy, his memorial praying for a bank- rupt law, 220. Trade. See Coasting, East Indian, Und Mediterranean. Treasury Department, bill for a, 101, 103, 136. Treat, Dr., 149. Treaties of the United States, the Con- stitution on, 75, 86 ; with the Indians, 74 ; bill for Indian treaties, 124 ; with Southern Indians, 128-132, 174, 175; the French Convention, 74, 412; commercial treaty with France, 78; with Genoa, proposal of, 186; with Great Britain, Jefferson's reso- lutions on, 402-404. Trenton in the residence question, 137; 267, 269, 284, 286. Trial by battle, ancient, 94. Trial by impeachment, 111, 112, 114, 187. "Triangle," the, (Erie County, Pa.), 123-126. Truxton, 71. Tucker, on assumption, 210, 211. Tulpachocking Canal, 192. Twine, duty on, 56. Twining, N., bill for remitting fines to, 298-301, 305, 307. Union, the, in danger, 220, 222, 313, 329. United States, trade with Great Britain, 60 ; treaties with the Indians, 74, 124, 128-132, 174, 175 ; treaties with France, 74, 78, 412 ; remonstrance of France against American tonnage duties, and resulting complications, 78, 380-394, 397, 401-405, 407; proposed treaty with Genoa, 186 ; boundary between the United States and Nova Scotia, 194, l'98, 223; troubles with Algiers, 859, 364, 366, 376, 376, 383, 390, 406-408 ; negotia- tions with Great Britain, 392, 394, 402-407. See also, espedalli/, Acts, Bills, Cen- tralization, Certificates, Congress, Constitution, Continental money. Courts, Debt, Departments, Indians, Lauds, Laws, Loans, Monarchical tendencies. Navy, President, Resolu- tions, Salaries, Senate, Settlers, Ships, Slavery, State rights. Trade, Vice- President. Useful arts, bill for the progress of, 226, 232. Van Berkel. See Berkel. Vice-President of the United States, his title, 38, 64 ; as President of the Sen- " ate, 2, 3, 40, 45, 64; how shall he sign bills? 39, 40, 45, 49, 191, 224 ; his salary, 48. See aho Adams, J., and President. Vincennes, 111., act for granting lands to settlers at, 412. Vining (of Delaware), the tool of Ham- ilton, in the assumption question, 208, 209, 235. INDEX, 437 Virginia, 341 ; Virginia members of Congress on the residence question, 15, 142, 145, 147, 158, 161, 179, 284; to have half of the "ten-mile, square," 378, 395 ; its debts, 2147~^ Viva Voce voting in the Senate. See Ballot. Votes bought in Congress, 231. See also Bribery and " Deals." Wabash, settlers on the, 364. Wabash and Illinois donation, 366. Wabash Indians, war with, 349. Wadsworth, [Jeremiah], speculates in certificates, 179, 332 ; on assumption, 237. Walker, [John] (of Virginia), 300; elect- ed in place of Grayson, 248 ; describes Washington's farm, 252 ; on the resi- dence question, 273, 276, 306, 309, 311, 312; on the Rhode Island bill, 264 ; on pay due to Southern soldiers, 270 ; on assumption, 326. Wallace, 100. Wallis, 377. Walpole, 123. War Department, bill for the establish- ment of, 101, 103 ; the appointment of the Secretary of War an error, 175, 227, 239. Wars, between Spain and England, 322 ; with the Indians, 349, 350, 366, 383, 391, 395 ; war an object with Hamil- ton's people, 406, 407. Wartons, the, 841. Washington, George, takes the oath of office, 2-4, 8, 9 ; visits members of Congress, 4, 6 ; his " amiable deport- ment," 7 ; addresses Congress (1789), 9, IS, 14,— (1790), 174, 348 ; his man- ner of reading, 9; the style of his address, 10, 11 ; the answer of Con- gress to his address (1789), 13, 20- 22, 39, 41, 42,— (1790), 175, 176, 349, 350; institutes levee days, 16; holds levees, 31, 42, 67, 69, 74, 206, 227, 242, 265, 2^ 347, 351,'357r864 ; at the theatre, 30; gives dinners, 59, 187, 138, 177, 206, 257, 319, 374; favors large salaries, 74; mcmarohi- oal tendencies of his followers,, 82^^. ■ v'^lgS , 361, 367 ; his espected resigna^ tion, 85, 341 ; popular veneration of - him taken advantage of, to increase his power, 104, 112 {see also vmder President) ; courts the House of Rep- resentatives in order to exalt his pre- rogatives, 122 ; attempts to subjugate the Senate, 122, 131 ; visits the Sen- ate with propositions respecting In- dian treaties, 128-132 ; his habits, 138 ; his house repaired at public ex- pense, 166 ; slights Maclay, 248, 249. 255; his farm, 252^^ 253; his life despaired of, 265 ^in the residence question, 312, 328, 329, 378, 397, 401 ; at St. Paul's, 316 ; as a scapegoat for Hamilton, etc., 329, 351, 399; his character, 349 ; excessive adulation of, 357; his personal appearance, 376; proclamation and message on the " ten-mile square," 378 ; his " crook- ed policy" in the negotiation with Great Britain and France, 392-394; aided by French interference in the Revolution, 404. Washuagton, Mrs., 69, 74, 137, 138, 319. Wayne, Gen. Anthony, 240. Ways and Means, Maclay on, 876, 377 ; bill for, 800, 337. West Point, purchase of, 307, 309. Western people charged with conspiracy, 240. Western lands, for sale, 199, 200 ; debts to be paid with, 249 ; as a sinking- fund, 339, 864. Western settlers, 219, 223. Western territory, rejection of, 249. White, [Alexander] (of Virginia), 37 ; on the residence, 76 ; on '' unfinished business," 183, 184. White, Mrs., 257. Williams (of Baltimore) prepares a doUection bill, 44, 45, 47. Willianrton, Dr. [Hugh] (of North Carolina), 331 ; on assumption, 224, 252. 438 INDEX. Willing and Morrig, unsettled accounts of, 193. Willing, Thomas, eulogizes Hamilton, 188. Wilmington in the residence question, 286. Wilson, Judge (of Pennsylvania), 100, 211 ; on the Judiciary bill, 102 ; nominated for Chief-Justice, 188 ; dines with the Pennsylyanians, 254, 377; in Pennsylvania politics, 265, 337. Wine (Madeira), duty on, 53. Wingate, [Paine] (of New Hampshire), 398 ; on the residence, 14, 156, 157, 275, 311, 314; on the biU pre- scribing the oath, etc., 21 ; on the impost, 61 ; on the powers of the President, 116, 116 ; on the Judiciary bill, 117; on the treaty with the Southern Indians, 132; on the Com- pensation bill, 134; on "unfinished business," 181 ; on the Military Es- tablishment bill, 242, 246 ; on Ely's bill, 260 ; on the Khode Island bill, 264 ; on pay due to Southern soldiers, 270. Wolcott, John (Peter Pindar), attacks royalty, 204. Wright's Ferry, 134. Writs, bill for the progress of, 225. Wyngate. See Wingate. Wynkoop, Henry, 198 ; nicknamed " His Highness of the Lower House," 33 ; his views on government, 49, 60 ; arrives in New York, 89 ; on the resi- dence, 146-148, 152-167, 166, 168, 174, 190, 283, 286, 291-293; on as- sumption, 227, 228, 245, 251 ; on the Military Establishment bill, 247, 248. Wynkoop, Mrs., 227. Yazoo, the, 378; immigration to, 219. Yeomus, Va., 234. Yorktown, in the residence question, 134, 136 ; District and Circuit Court at, 251. Young, Charles, 407. Zantzinger, Adam, 236, 260. COMPLETE IN SIX VOLUMES, OCTAVO. HISTORY OF THE UNITED STATES, Fkom the Disooteet of the Continent to the Establishment OF THE Constitution in 1789. By GEORGE BANCROFT. The Author's last revision. Complete in six volumes, 8vo, cloth, library style, uncut, with gilt top, $2.50 ; sheep, $3.50 ; half calf, $4.50 per volume. Tlie author has made extensive changes in the text, condensing in places, enlarging in others, and carefully revising. It is practically a new work, emhodying the results of the latest researches, and enjoying the advantage of the author''s long and mature experience. The six volumes of this new and fully revised edition of Bancroft's " History of the United States," now complete, comprise the twelve volumes of the original octavo edition, including the "History of tJie JF'ormation of the Constitution," last pub- lished, and are issued at just /udf the pi-ice. Volume VI. contains a new Portrait of Bancroft engraved on Steel. " A comparison of this Installment of the revised edition with its equivalent in the former edition impresses us with the candor, the thoroughness, and the con- scientiousness of Mr. Bancroft's revision. Every page reveals some touch of the artist's hand, softening the language where it had run into needless asperity, but without detracting from its sinewy vigor, pruning redundancies, rounding off or smoothing down ruggednesses or infelicities, modifying statements so as to cause them to conform more exactly to newly discovered evidence — in fine, practically producing a new work while preserving the substantial integrity of the old one." — Harper's Magaisine. " The work as a whole is in better shape, and is of course more authoritative than ever before. This last revision will be without doubt, both from its desirable form and accurate text, the standard one." — Boston Traveller. " It has not been granted to many historians to devote half a century to the history of a single people, and to live long enough, and, let us add, to be willing and wise enough, to revise and rewrite in an honored old age the work of a whole lifetime. This good fortune has been granted to Mr. Bancroft, and he has largely profited by it, as have also the majority of readers among his own countrymen, who, when American history is in question, go at once to his volumes as to an authoritative tribunal, and abide by his decisions, which in no case of any conse- quence, we believe, have ever been seriously or for long disturbed." — New York Mail and Express. " The extent and thoroughness of this revision would hardly be guessed with- out comparing the editions side by side. The condensation of the text amounts to something over one third of the previous edition. There has also been very considerable recasting of the text." — The Independent (New York). "There is nothing to be said at this day of the value of 'Bancroft.' Its authority is no longer in dispute, and as a piece of vivid and realistic historical writing it stands among the best works of its class. It may be taken for granted that this new edition will greatly extend its usefulness." — Philadelphia North American. [See next PAeE.] M Revised Edilion or Bancroft's History of tne Unite! States-CContiniieil,) "We hare made a comparison of the first volume with the edition, of 1876, , and find that the work has been largely recast, the arrangement of the chapters and the minor divisions has been changed, many portions have been rewritten, and no pains have been spared in making necessary corrections as the result of criticism on the work or of further investigation. Many who purchased the last edition will regret that they did not wait for the author's final revisions ; but we presume that he had no intention at the time it was issued of going over his work again, even if he had the hope of living so long. It is a matter of general con-, gratulation that his life and vigor have been spared, and that he is still engaged with all the energy of youth in his important literary works. The octavo volume, just issued, is a fine specimen of book-making, in clear type, on good paper, and is neatly bound." — Nem York Observer. "During the half-century, or almost that time, since the issue of Mr. Ban- croft's first volume, much new light has been shed upon the characters and events of the period covered by the ' History,' and no small proportion of it is due to the controversies aroused by the volumes as they successively appeared. Mr. Bancroft stood stoutly by his original text until the time came for the issue of the revised edition of 1876, when it was evident that he had carefully studied 'the criticisms his work had received during the preceding forty-two years and had profited by them. Now comes the announcement that he is engaged in a thorough and last revision of the whole work. The ten volumes of the original edition, and the two volumes issued last year, are to be wholly revised, rewritten where necessary, and the twelve volumes of the former issues comprised in six handsome octavo volumes. The entire work will thus- be given at exactly half the price of the original edition, while, judging by the first installment, it will certainly lose nothing by comparison so far as appearance goes, and will be more valuable as embodying the latest information and containing the last touches of the author's hand." — Cleveland ( Ohio) Herald. "The edition of 1876 exhibited no little pruning and correction; but the author has again gone over the entire field, and, with a care and devotion worthy of the theme and of his reputation, has wrought what he says must be his last revision. This latest edition will be sought by many who have for years been familiar with its predecessors." — Uiica (N. Y.) Herald. " The merits of this standard work are too well known to need recapitulation, and the present edition wUl comprise the entire original work, complete in six volumes, and published at half 3 price of the original edition. On the whole, ^the work is much improved in ts new dress and revised form, and will be wel- comed by all, for Bancroft's history of cur country is still facile princeps among histories of our land." — Chicago Tribune. " On comparing this work with the corresponding volume of the ' Centenary ' edition of 1876, one is surprised to see how extensive changes the author has found desirable, even after so short an interval. The first thing that strikes cce is the increased number of chapters, resulting from subdivision. The first volume contains two volumes of the original, and is divided into thirty-eight chapters in- stead of eighteen. This is in itself an improvement. But the new arrangement is not the result merely of subdivision: the matter is rearranged in such a man- ner as vastly to increase the lucidity and continuousness of treatment. In the present edition Mr. Bancroft returns to the principle of division into periods, abandoned in the ' Centenary ' edition. His division is, however, a new one. As the permanent shape taken by a great historical work, this new arrangement is certainly an improvement." — The Nation (Neu> York). For sale hy all booksellers ; or sent, post-paid, on receipt of price. New York: D. APPLETON & 00., Publishers, 1, 3, & 5 Bond Street.