Gazette of the United-States. [volume], January 15, 1790, Page 706, Image 2

About Gazette of the United-States. [volume] (New-York [N.Y.]) 1789-1793

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Commercial Intelligence.
FROM THE LONDON (,AZtU «J OCTOBER 9.
At the COURT at St. Jam es's, October 6, I 790.
TRESEST.
7'he KING'/ Mojt' Excellent "MAJESTY,,
IN COUNCIL.
"TT7HEREAS by virtue of an a<ft palled 111 the
W last feflion of Parliament, intituled, an
,<ft to continue the laws now in force for regula
ting the trade between the subjects ot his Majcl
y's dominions "and the inhabitants of the tenuo
us belonging to the United States of America,
so far as the fame relate to the trade and com
merce carried 011 between tbis Kingdom and the
inhabitants of the countriesibelonging to the fa id
United States," his Majesty by the advice oi his
Privy Council, did, by an order in Council, made
on the firtt day of April, 1790 amongst other
things, declare, That any unmanufactured
Jroods and merchandizes, the importation ot
which into this kingdom, is nor prohibited >y
law (except Fifli-Oil, Blubber, Whale-Fins, and
Spermaceti) and any Pig-Iron, Bar-Iron, Pitch,
Tar Turpentine, Rozin, Pot-Ash, Pearl-Ash, In
digo', Malts, Yards, and Bowsprits, being the
growth or production of any of the territories of
the United States of America, and no other goods
<vr merchandizes, might (until further order) be
imported directly from thence into any of the
ports of this kingdom, either in British-built
snips, owned by his Majesty's fubjeefts, and navi
gated according to law, or in (hips built in the
countries belonging to the United States of Ame
rica, or any of them, and owned by the subjects
of the said United States, or any of them, and
whereof the matter and three-fourths of the ma
imers at least are (objects of the said United
States, or any of them, and may be entered and
landed in any port in this kingdom, upon pay
ment of the fame duties as the like fart of goods
or merchandize are or might be fubjett and lia
ble to, if imported in British-built (hips owned
by his Majesty's subjects and navigated according
to law, from any Britifli Island or plantation in
America ; notwithstanding such goods or mer
chandize, or the (hips in which the fame may be
brought, might not be accompanied with the
certificates or other documents heretofore requir
ed by law :
And whereas doubts have arisen upon the true
intent and meaning of" that part of his Majesty's
order in council herein before mentioned,which
respects the importation of Fish-Oil, Blubber,
White-Fins, and Spermaceti, and such other
goods and merchandize, beingof the growth,pro
duction, or manufacture of the said United States
as are not therein enumerated or defciibed .
His Majesty by the advice of his council, doth
hereby order and declare, That Oil made from
Fish or creatures living in the Sea, and Blubber,
Whale-Fins, and Spermaceti, and all other goods
and merchandize, the importation of which into
this kingdom is not prohibited by law, being the
"rowth, production or manufacture of any or the
territories of the United States of America, and
not enumerated or described in the said order,
may be imported from thence into this kingdom
in British or American fliips, owned and naviga
ted as by the said order is required, upon pay
ment of such duties |of cutloms and excise as are
payable on the like goods or merchandize, upon
their importation into this kingdom, from coun
tries not under the dominion of his Majeftv, ac
cording to the tables marked A. D. and F. an
nexed to an Act, passed in the twenty-seventh
year of his [present Majesty's reign, intituled,
" An Ad for repealing the fev'eral duties oj cuj'oms
and excise, and granting at her duties in lieu thereof,
tic. ire." or by any laws in force, pafled fubl'e
quent to the said a<t, for that purpose ; and in
cases where different duties are therein iinpofed
tnon the like goods imported from different
countries, not under the dominions of his Maje
sty, then upon the' payment of the lowest of
such duties ; and such goods and merchandize
Jfcall be intitled to the fame drawbacks as are al
lowed upon the exportation of the like goods and
merchandize from this kingdom, according to
the before mentioned tables, or by any other
laws in force, pafled subsequent to the said Act,
for that purpose; and fliail be liable to the fame
rules, regulations, and reftridtiohs, as the like
• roods and merchandize are liable to upon impor
tation into any port of this kingdom, by any
laws in force for that purpose.
And tlie Right Honorable the Lords commifli
oners of his M 'jetty's Treasury, and the Lords
conimiffioners of the Admiralty are to give the
jiecetlary directions herein, as to them may re
flectively appertain. W. FAWKENER.
PHILADELPHIA, Jan. ij
The Governor of New-Jetfey has published the
names, purfuarit to law, of the candidates for the
office Representatives of the UnitedSiates inthat
state : they amount to forty five ! !
The General Aflembly of the state of Virginia
adjourned the 2Jth ult.. Daring the feffion,they
passed seventy-one acfts.
CONGRES
HOUSE OF REPRESENTATIVES.
MONDAY, Jan. 10.
In committee of the "whole—on the hill declaring what
officer, in cafe of vacancy of the offices of President,
and Vtce-Prefident, jhall aCI as President.
Mr. Boudinot in the chair.
THE firft clause of the bill being read, which
contains a blank Co be filled up with the of
ficer, who ihall acft as President.
Mr. Smith( S.C.)obferved, that by theconftitution
ihe vacancy is to be fi])ed with an officer of the
United States : This narrows the difcuflion, said
he, very much. But conceived there was a
previous question neceflary to be- determined,
and that was, whether the person appointed to
supply the vacancy should hold the oflice during
the time for which the President apd Vice-Prefi
dertt was elected ; or whether he was to hold the
office only till a new election could take place :
He thought that by tGe Coiiftitiition, anew elec
tion was not to take place till the term for which
the President and Vice-President had been elect
ed, wns expired.
He 1 lien descanted on the refpedive offices of
t'.ie Chief Justice, Secretary of State, and Secre
tary of the Treasury—and by several particulars
ihevved, that the appointment would moll natur
ally devolve on the Secretary of State. He ac
cordingly moved that the blank be filled with
the words " The Secretary of State."
Mr, Livermore observed, that in considering
this question, lie thorglit no reference should
be had to the officers which had been mentioned
—for as it was supposed that the cafe contempla
ted would not happen once in a 100 years, he con
ceived that theprefeijt characters, who now hold
the above offices, woald be entirely our of the
question. He had in view a different person,
and that was the President of the Senate, protein
j pore—and moved that the blank be filled with
tliis person.
Mr. White observed, that the Conflitution fays
the vacancy fliall be filled by an officer of the
United States. The President, pro tempore, of the
Senate, is not an of\~ w«f the United States.—
Besides this will give one branch of the legisla
ture the power of eleifiinga President : Tliis he
conceived was contrary to the Constitution—as
both branches haye right to an equal voice in
the appointment in this cafe. This will intro
duce the very evil intended to be guarded against.
Mr. Williamfon said the motion was dire<flly
repugnant to the Constitution. Why not chul'e
the Speaker of this rfoufe ?
Mr. Liverinore said, he was well aware of the
objections offered by the gentlemen : He could
have wished the Constitution had pointed out the
person. But he conceived that the Senate was
theonly body that could do this business. If eith
er of the officers mentioned, fliould be the per
son designated to supply the vacancy, it would
be in the power of the Vice-President, by virtue
ofthe power of removing officers, absolutely to
appoint a fuccefior, without consulting either
branch of the legislature.
Mr. Sherman observed, that this matter is left
with the legislature—the whole power of the
people, in cafe of the vacancy, devolves on the
legislature. The particular officer is not pointed
out : It lays with Congress to fay who it shall be.
The President of the Senate is an officer of the
United States. In cafe of the death of a Governor
and Lieutenant Governor, it is common in the se
veral States for the oldest counsellor to preside.
He inltanced the cafe of the abdication of James
lid. Adverting to the constitution, he shewed
that the appointment of Vice-President, in cer
tain cases devolves on the Senate—who will of
courfc be President. The vacancy may be filled
for a longer or fborter time, and this appears to
be a question previous in its nature to be deter
mined.
Mr. Sedgwick said he fhouldbe in favor of the
motion of the gentleman from Nevv-Hampfhire,
if it was not for the express provision in tlie con
stitution—which fays the office lliall be filled by
an officer of the United States. Should the va
cancy now happen, there would be no officer in
the Senate that could be appointed.
He mentioned that the office of Chief Justice
was considered as next to that of President, and
therefore, o|ii the whole, he considered him as the
mo ft proper person to fill the vacancy. He
thought the bill relpetfling the votes for President
and Vice President lhould be fn-ft determined
He moved therefore that the committee lhould
rife, and take up the next bill.
Mr. Carroll and Mr. Livermore objected to the
motion for the committee's riling.
Mr. Madison was also opposed to the motion :
He enlarged on the fnbjet r t—and said he thought
706
it a duty, nrged by a variety of confiderati 0 n s
important in themselves, and more so perhaps " '
their consequences, that the decision Ihould be
now riiade.
Mr. Smith started a variety of objections to Mr
Livermore's proportion : He thought it uncon
stitutional, asft would, in its operation, deprive
a state of a vote in the Senate.
Mr. Bourne said he seconded the motion for the
committee's riling, because he conceived there
was other business of more immediate importance
to be considered—and he saw no necessity of com
ing to a decision on the present question at this
time.
Mr. Lawrance supposed the blank could be fill
ed up in the house : He was therefore in favor
of the coinmitree's rifintr.
The motion for the committee's rifin<* was ne
gatived.
Mr. Benfon was in favor of filling up the blank
with the Chief Justice. He observed that theob
jetf ion arising from the Vice Prafident's havina'
it in his power to name his fucdeflbryin cafe the
Secretary of State is interred, dtfes riot apply to
the Chief Justice. He is independent of the
Executive.
He pointed out several particulars—in which
there was an incompatibility in the offices of
Secretary of State, and that of President. He
obl'erved that the appointment to the regency
in all countries, is generally of the firft law officer.
Mr. Jackson objeifted to the Chief Justice, and
said, the Speaker of the House of Representatives
was, in his opinion, the next officer in point of
dignity, 10 the President and Vice President.
Mr. Madison objected to the Chief Justice, as
it would be blending the Judiciary and Executive.
He objected to the President, pro. tern, of tlie
Senate. I?e will be a Senator of some particular
State, liable to be instructed by the
will still hold his office : Thus he will hold two
offices at once. He adverted to the other ob
jections which had been offered against the Se
cretary of State, and fliewed the compatibility
of the two offices.
Mr. Stone stated sundry difficulties refpecfting
all the officers that had been named ; but on tl>e
whole, thought there were fewer against the Se
cretary of State than any other officer that had
been mentioned.
Mr. Seliey was opposed to coming to any deci
sion at the prefcnt time : He thought more impor
tant business was before the hotife : He was not
for making any decision that fliould give umbrage
to any officer in the government: The Secretary
of State, the Secretary of the Treasury, werei
equally entitled to the public notice. . : .s
Mr. Carroll was in favor of coining to a d«ci
fion—and if nothing more could be offered against
the motion for filling up the blank with the Se
cretary of State, he presumed the committee were
ripe for a decision—he referred to the fituatioit
of countries who had not io season made piovi
fion for a regent, &c.
Mr. Sherman said he was in favor of the com
mittee's riling and reporting the bill, and leave
the blanks to be filled up in the house.
Mr. White was in favor of filling np the blank
in the committee: He saw no reason for a delay.
The officers mentioned are as well known now,
as they will be 3 clays hence. The Prelident and
Vice-President being in health, is a reason why
the fubjecl fliould now be considered : It can be
done with coolness, and freedom from all warmth.
Mr. I-awrance said, he thought there was 110
necessity for precipitating the decision : With
refpecft to every person that has been named,
difficulties have been started : The fubje<ft is im
portant- —and time should be given to deliberate
on the several afficers that have been named.—
He hoped therefore that the Committee would
rife, and report the bill—and leave the blank to
be filled up at anothertime.
Mr Burke was in favor of the committee'*
riling': Heobferved, that tlie members in gener
al appeared to be very much undetermined:—
This is the firft day the fubjeA has been under
consideration : He hoped the members would
not be precipitated to v«te on the occasion.
Mr. Carroll said, if tlie Committee lhould rife,
he hoped the bill would not be reported; but that
they would fetagain.
Mr. Burke laid he hoped the committee would
set again.
The question on the committee's rising and re
porting progress, was carried in the affirmative.
WEDNESDAY, Jan. 12.
The bill for granting lands to the inhabitants
and settlers of"the town of Vincennes in the
nois country north weit of the Ohio, and con
firming them in their pofleflions, was read a se
cond time, and referred to a committee of the
whole house this day week
Mr. Sedgwick presented petitions from anum
.ier of officers and soldiers in the Mafiachufetts
line of the late army, which were read and re
ferred to rhe Secretary of war.
Mr. Fitzfimons presented a petition|from a num
ber of tradelmen employed in the various bran
ches of fliip-building, in the city and liberties of
Philadelphia, praying that they may have fbaie