cessary and proper for carrying into execution the several powers particularly mentioned, and all other powers vested in the government of the U. States, by the Constitution. This clause was proper and necessary; but those who were opposed to granting large powers to Congress, and were jealous of State rights; and aware, probably, that men in power, are inclined to extend their authority and to claim more than was meant to be delegated. All such

were desirous of limiting the powers of the federal government to the specific purposes expressed in the Constitution: And to reserve to the several States all the political authority not expressly granted.

In most of the State Constitutions, there was a bill of rights, which was designed to limit, in some measure, the power even of those governments or legislatures. To the federal constitution, there was no such declaration of rights, either of the people or of the State governments; and, from the nature of the federal government, being designed by the several States for specific purposes, many concluded that a bill of rights was unnecessary, as whatever powers were not clearly granted to Congress, remained with the respective State governments. But a majority of the people were not satisfied with this reasoning; and additional articles were therefore proposed by Conventions in most of the States, when they adopted the Constitution.

The subject was justly deemed of great importance by Congress, and early received their close attention and consideration. Mr. Madison, of Virginia, first called the attention of Congress to the subject: and proposed various amendments, all tending to limit or define the powers of the federal government. In the course of discussion on these articles, various alterations were proposed, and many days were occupied in the consideration of them, both by the House of Representatives and the Senate. Sixteen articles were finally approved by the requisite majority of Congress, and recommended to the several States to be adopted, either by the legislatures thereof, or by Conventions called expressly for the purpose, and chosen immediately by the people, as were the Conventions for adopting the original Constitution, in 1787 and 1788.

In most of the States, the proposed amendments were considered and adopted by the legislatures; but in a few cases, Conventions were called for the purpose. Ten of the articles proposed and recommended by Congress-Sep

* The Constitution required two thirds of both Houses.

tember, 1789-were approved by two-thirds of the States; and thus became parts of the federal Constitution, of equal authority and validity as the original instrument. Two other articles were added at a later period, being approved by two-thirds of the States in the Union. The great object of these amendments of the Constitution was to secure the rights of individuals, on charge or suspicion of crimes committed against the United States, by treasonable acts, or violations of the laws of Congress; and to preserve to the respective State governments all the authority and power not clearly vested in the general government by the federal compact.*

These additional articles of the Constitution were highly important; as they served to define the powers of the federal government, and to prevent its encroachment on the rights of the States. Besides, the Constitution, adopted by the people of the several States, is the rule for the federal legislature, the source of their political power, and to the provisions of which they are obliged to conform. It is the supreme law of the land, and therefore paramount even to the power of the national legislature itself. If it were not so, our republican government would have no more stability than those which have existed, for short periods, in other countries. But for the check thus provided, the general government might have usurped powers, not intended to be granted, and injurious to the proper authority of the several States, by claiming a paramount or supervising authority over them in all cases. And thus have formed a national or consolidated government, which, neither the framers of the Constitution, nor the States which assented to it, intended; though they did intend a consolidation of the Union.

After an adjournment of three months, the Congress again met, on the first of January, 1790; and early in this session, a report was made by the Secretary of the Treasury, in conformity to an order of the House of Representatives before the adjournment. This report related to the financial concerns of the United States, its resources, and the means for supporting the public credit, and gradually paying the public debt; to the probable receipts and expenditures of the year then commenced, and also for future.

Amendments proposed by some States, but deemed of minor importance, were not recommended by Congress; for they were numerous, and probably would have been rejected by most of the legislatures. The New York Convention had proposed to limit the term of the presidential service to four years. A proposition often since made, in and out of Congress.

years; and to the policy of fostering domestic manufactures. In the public opinion, it discovered uncommon ability and research, extensive knowledge of the financial policy and laws of European nations, and of the future prosperity of the United States, which might justly be anticipated, under a wise and provident administration.

In this report from the Secretary of the Treasury, the public debt was stated to be but seventy millions of dollars; a less sum than was supposed by a committee of Congress at the first session: and the proceeds from imposts and tonnage, $2,170,000. It was proposed to raise a revenue also from an inland excise, which it was estimated would yield more than a million and a half. A plan was presented for a new tariff of duties on imported goods, to be fixed at a higher rate; and it intimated that the foreign debt would admit of a less interest than had been previously allowed. A loan of twelve millions was also recommended, to meet the immediate demands on the United States, as necessary to sustain the public credit. It was further proposed in the report, that the public debt should be funded, and the debts of the several States, incurred for the general defence, in the time of the Revolution, should be assumed by the United States.

In the speech of the President to Congress, at the beginning of the second session, he referred to several subjects of a public nature, which he deemed worthy of particular consideration at that time, as the Constitution had made it his duty. After noticing the state of general prosperity, and the approbation expressed by the people, of the measures adopted at the former session of the federal legislature, for the relief and benefit of the country, it was necessary, he said, to provide for the common defence. "To be prepared for war, was one of the most effectual means to prevent it." He recommended, that provision be made by law for arming and disciplining the militia, as the Constitution authorized; and that particular attention be given to manufactures; especially such as would render us independent, for military and other essential supplies, of foreign nations. He observed that pacific measures would be adopted towards the native Indians,* within the limits of

* Under the administration of Washington, the policy of the federal government was just and proper. He knew their peculiar character; and while he sought to cultivate peace with them, and to treat them according to the principles of equity and justice, he considered it necessary to provide against their depredations by a military force on the western frontier. He therefore early endeavored to secure their friendship by treaties. But when the Indians

the United States; but that it would be necessary immediately to provide means of protection to the inhabitants in their vicinity; and that provision should be made for maintaining a diplomatic intercourse with foreign nations, for the honor and peace of the United States. He also suggested the importance of a uniform rule of naturalization; and of uniformity in the currency, and of weights and measures, through the United States. The facility of intercourse between distant parts of the country, by means of Post Offices, and Post Roads, and the encouragement of useful inventions and of science, were likewise urged upon the attention of Congress.* The answer to the speech of the President, both of the Senate, and of the House of Representatives, expressed sentiments of entire approbation of his official acts, and of the plans and objects of a political nature, which he recommended. And the subjects suggested in the address, received the immediate attention of the national legislature, and were referred to committees for consideration. The report of the Secretary was also referred to committees, and a strong desire manifested to consider his suggestions for modifying the revenue law, which was passed at the first session; and for rendering it more productive and more equable in its operation.

A report was early made respecting the Indian tribes in the United States; and on this occasion the House of Representatives sat with closed doors; which was the occasion of some complaint; as if Congress proposed and were maturing some improper measures. But it soon died away, from the confident belief that the members were so wise and patriotic, as to guaranty the propriety and rectitude of their plans. It was thought proper to prepare an armed force for the safety of the inhabitants then settled and settling on the Ohio river, in such manner as to give as little alarm as possible to the Indian tribes. Major-general

appeared in a threatening and hostile attitude, he promptly prepared to check their inroads into our territory, by arms. At this period, there was reason to believe, that several tribes were instigated to commit depredations on people within the United States, by the British in Canada; who then still held possession of some forts in the west, ceded to the United States by the treaty of peace, in 1783. It cannot, perhaps, be justly denied, that in some cases, the savages had reason to complain of encroachments and unjust treatment, on the part of the citizens of the United States; and were provoked to acts of cruelty or retaliation from a natural spirit of revenge.

* The President proceeded to the Senate chamber on the second day of the session, when the members of the House, by his request, attended, and made the speech in person, as he did also when he first met Congress, after his induction into office. On this occasion his dress was of American manufacture.

St. Clair was then commanding in that section of the country; and it was deemed important to strengthen him by additional troops. Humanity weeps at the recollection of the degraded, and sometimes injured savages of the wilderness; but the earth was made to be cultivated; and the peaceable tenants of the soil should be protected in their labors.

Agreeably to the suggestions of the President, provision was made for maintaining diplomatic intercourse with several nations of Europe; and a law was also enacted for a uniform system of naturalization throughout the United States. Ministers were early sent to the court of Great Britain, France, Spain, and Portugal, and afterwards to Holland, to Russia, and to Prussia. Under the old Congress, ministers from the United States had resided at most of those courts.

The report of the Secretary of the Treasury, relating to the fiscal concerns of the country, presented important. plans and measures for the consideration of Congress. And though the report was finally approved, as to its principles and outlines, much time was consumed in the examination of its details.* The proposition to make a difference between domestic and foreign creditors, as well as between the original and the (then) present holders of evidence of debt against the government, though urged with much zeal and some plausibility, did not receive the sanction of the majority in Congress; for it was believed, that the honor of the government, and the principles of good faith, which should govern in pecuniary affairs, required that the holders of public securities should be paid without exception or distinction.†

As proposed by the Secretary of the Treasury, in his report to Congress, 1790, the payment of four-fifths of the debts of each State, incurred in the war of the Revolution, for the general defence, was assumed by the federal government. Justice and good policy alike demanded this. measure; for Congress had the entire control of the revenue arising from commerce and navigation; and this pow

There were different modes or principles of discrimination among the public creditors suggested. That advocated by Mr. Madison was the least exceptionable, but it did not prevail. Mr. Ames opposed it in a very able and convincing manner.

†The Secretary of the Treasury, in his report, estimated the public debt at little less than a Committee of the House had, at the first session, and the annual expenses of government and interest of the debt at three and a half millions.