tion the first of August; and in one month the impost du ties in Philadelphia amounted to 55,000 dollars; and in New York to 40,000. And, in these two ports, probably, accrued nearly half the amount received in all parts of the United States, at that period. The Customs in Boston, Charleston, and Baltimore, yielded the next highest amount.* The States of North Carolina and Rhode Island had not then accepted the Constitution, and were therefore liable to the increased duties required of foreign nations; but, on application from those States, the discrimination was suspended, in the belief, probably, that they would soon adopt the federal compact, and become members of the Union, on an equal footing with the other States.†

And

The law of Congress, regulating the federal Judiciary,. was first proposed and discussed in the Senate, and was not passed till after the most mature deliberation. The great questions on this subject were,-of how many justices the highest court should consist; into how many, districts the United States should be divided; and what were their proper duties and powers under the federal Constitution. That instrument had but briefly stated the powers of the federal Judiciary, and in very general terms. it was a difficult and intricate subject to define and point out the authority of that high tribunal, so as not to interfere with the jurisdiction of the State courts, on the one hand, and not to decline or forbear judicial decisions, which by implication of the Constitution belonged to it, for the welfare of the Union, on the other. The law provided for a Supreme Court, to consist of a Chief Justice, and five Associate Justices; and for a District Court, of inferior jurisdiction, in each; and one for Maine and Kentucky; the former being then a part of Massachusetts, and the latter of Virginia. The tenure of office, for the Judges of the Supreme and other federal courts, was settled by the Constitution, and was during good behavior; and therefore.

*Most of the Collectors of the Customs, first appointed, were those who had distinguished themselves in the war of the Revolution.

+ North Carolina adopted the Constitution, November, 1789, and Rhode Island, in 1790.

John Jay, of New York, was appointed Chief Justice; and John Rutledge, of South Carolina, James Wilson, of Pennsylvania, William Cushing, of Massachusetts, Robert H. Harrison, of Maryland, and John Blair, of Virginia, Associate Justices.

§ Caleb Strong, of Massachusetts, was Chairman of the Committee of the Senate on this subject; and was extremely anxious to prepare a bill as perfect as possible. A letter of his, relating to this bill, at the time, is before me.

the legislature expressed no opinion, as to that point in law, respecting the Judiciary. But in the law providing for the appointment of officers to be at the head of each executive department of the government, under the Presi, dent, a very grave question arose, relating to the tenure of their office. There was a long discussion on the subject, which called forth the abilities of the most eminent statesmen and speakers in the House of Representatives. It was contended, by those who apprehended too much power in the President, that these, and all other officers of the government, in whose appointment the consent of the Senate was necessary, should not be removed without the approbation of that body. The Constitution was silent on this point; and it was argued, that, as that instrument should be construed rigidly, it would be improper to give the President such a power, or to acquiesce in his exercise of it. And it was also urged, that it might be liable to great abuse, and serve to render the Chief Magistrate arbitrary, and, in some measure, absolute. On the other hand, it was observed and insisted, that this condition, of requiring the consent of the Senate, in removals of executive officers immediately under him, and for whose conduct he was, in a great measure, responsible, would be an improper restraint on the Chief Magistrate, would be an encroachment on his just and necessary authority, and would often operate to the injury of the public. The nature of the case, it was argued, required that the President should have power to remove an unfaithful or incompetent or inefficient officer, without consulting the Senate who would often be absent from the Seat of Government for half the year, and who could not possibly be acquainted with the ability of the incumbent, or the circumstances of the case, to form an accurate and just opinion.

Very plausible and ingenious speeches were made in opposition to granting, or recognizing in the President, such great authority; but it was fully shown, at the same time, that the President would be paralized in his desire to exercise power for the public welfare, if rendered necessary to remove unfaithful and negligent officers, who were appointed merely to execute his will and his orders. And the bill was finally passed by the House of Representatives, without denying the power of the President, by a vote of thirtythree to twenty.

This decision had particular reference to the Secretary of State, or for foreign affairs-the question arose, when the bill for the appointment of such an officer, to assist the

President, was under consideration. The arguments which prevailed in that case, however, would apply with equal force, as some contended, to the heads of all the executive departments, to collectors of the customs, and to marshals;" &c. But even in such cases, it would appear proper the President should have the power of removal without the. assent of the Senate. That he should possess the power," as to the high confidential officers about him, and concern ed in administering the government, there cannot be a reasonable doubt. And here, the reason is apparent in favor. of such a power, when only political subjects and measures. of moment are concerned; for executive officers under the... chief magistrate are but his agents, and entirely under his direction and control. But when this power is exercised, in the removal of subordinate executive officers, merely for party politics, it is extremely doubtful whether it be agree able to the spirit of the Constitution, or for the welfare.of. the people, or the preservation of liberty. And whenever such power is displayed, in wantonness or caprice, or for party purposes, the chief magistrate and his advisers may expect to be visited with an expression of the honest indig nation of a virtuous people.

At the first session of Congress, a proposition was offered, for fixing on a place, as a permanent seat of the federal government, and for the future meetings of the legislature. of the Union. Several places were proposed, as Trenton in New Jersey, Philadelphia, Germantown, the east bank of the Susquehanna river, also the west side in Maryland, Wilmington in the State of Delaware, and the eastern bank of the Potomac. The subject excited much interest, and was discussed several days, though other business of far greater immediate importance was before Congress. The plan included a territory of ten miles square, to be under the jurisdiction of Congress, whenever it might be decided to erect buildings for the convenience of Congress and the officers of the general government. But no decision was had on the subject at the first session: the Senate voted to postpone it.

Some time was also occupied in preparing and discussing the bill for compensation to the President and Vice Presi dent, members of the Senate and House of Representatives, the heads of departments, collectors, controllers, auditors and other officers under the Secretary of the Treasury, &c.. The members, generally, from the eastern States, were opposed to high salaries, or large compensation. In these States public officers received moderate salaries, the people

were economical, and would probably complain if the compensation was much greater than had been allowed to their State rulers and judges. The southern members were in the habit of a more expensive mode of living; and they contended, that now, in time of peace, and patriotism not requiring personal sacrifices, and the public service interfering almost wholly with other lucrative employment, it was proper to allow a decent support. The Senate also insisted that their pay should be more than that of the Representatives. But the proposed discrimination was not adopted by the House. The salary of the President was fixed at twenty-five thousand dollars per annum, and so remains to the present period. The Vice President's was five thousand dollars per annum, and still continues the same. The salaries of the Judges and of the heads of departments have been increased since first voted, in 1789, about thirtythree per cent. The compensation for Senators and Representatives was fixed at six dollars per diem; and afterwards, in 1818, was raised to eight dollars ; and this sum they still receive for their daily pay.

The form of an oath was prescribed by law, early in this session of Congress, to be taken by all the federal officers, and by members of the legislature of the Union, in which they were to swear or affirm solemnly to support the Constitution of the United States: But no religious test was imposed; nor did the Constitution require it; and one of the amendments to that instrument expressly provided that Congress should make no law respecting an establishment of religion, or prohibiting the free exercise thereof. This important subject belongs solely to the power and will of the majority in the respective States, and they have wisely declined, of late, to interfere in so delicate and difficult a subject. In several States, however, there are laws against blasphemy, and rendering those liable to punishment who endeavor, by public acts, to cast contempt on the Christian religion, or by publications of a libellous character on the common faith and worship of the people.*

At this session of Congress, by request of the two Houses of the federal Legislature, the President recommended a day for public religious service and thanksgiving. The motion for this request was made by Elias Bowdoin, of New Jersey. When John Adams was President he issued a proclamation for a Fast throughout the Union. And all religious persons approved it, and observed the day in a religious manner. But many truly pious Christian people were of opinion that such days should be proposed only by the several States, within their own jurisdiction.

A proposition was made to Congress, at this time, and a committee accordingly appointed, to consider the propriety of establishing a permanent system of bankruptcy throughout the United States. The importance of such a system was suggested and urged by several members, but the committee made no report, and prepared no bill for the purpose, during the first session of Congress.

A law was passed establishing a Post Office Department; and it was provided that the mail should be carried from Portland, in Maine, to Savannah, in Georgia, a distance of fifteen hundred miles. It was soon after extended one hundred and fifty miles farther eastward, in Maine; and different branches or routes were also provided for conveying the mail in various parts of the country.

The territory in the west and north west part of the United States was put under a Governor and other necessary officers, who were appointed by the President and Senate, for the maintenance of peace and good order in that section of the national domain, where the people from the old States cease making extensive settlements. This was the more necessary, as several tribes of the native Indians were living on the territory. Provision was also made, at this time, for having troops in that part of the country, as had been already done by the old Congress, for the protection of the frontier settlers. The territory was very extensive, and included all that part of the United States which lies west of Pennsylvania and west and north west of Virginia. A land office was ordered to be established in the territory, for the survey and sale of the public lands. The territory, though then under one government, included Ohio, Indiana, Illinois, Michigan, Wisconsin, and Iowa.

A subject of very great consideration, which engaged the attention of the first Congress, was that of additional articles, as amendments to the federal Constitution. A majority of the States, which adopted the national compact, proposed certain articles to be added to it, as has been already observed. These indeed were not made a condition of their assent to and support of the Constitution; but they were an expression of their opinion in favor of these, or similar articles. The most of these went to limit, or rather, more clearly to define the powers granted to the federal or general government. The powers delegated to Congress were for general or national purposes; and were enumerated in the Constitution: But there was also a clause added to this specification, granting authority to make all laws ne