Over the past few episodes, we covered Congress’s first session, which was supposed to begin in March, 1789, but didn’t start until April because they could not get a quorum. This session lasted until the end of September.
1789 Session
During that session, Congress did a great deal, much of which we covered over the last few episodes, including establishing three executive Departments, State, War, and Treasury, as well as the office of Attorney General. It also established the Federal Judiciary. The president made appointments to all of those new offices and the Senate confirmed them. Congress also spent considerable time debating and sending the Bill of Rights to the states for ratification.
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| President Washington at Congress |
There were also plenty of other topics debated and dealt with during that first session. These include establishing officers to manage the Northwest Territory. Arthur St. Clair would serve as the first territorial governor - confirming the decision made by the Confederation Congress.
Many of the issues in the first session saw some progress, but were still pending when the second session returned in January of 1790. One particularly contentious issue was tariffs. A big reason behind replacing the Articles with the Constitution was to make it easier for Congress to raise revenue to pay off its war debts. Tariffs were the way to make this happen.
James Madison proposed a tariff plan when the first Congress began, back in April, 1789. Madison believed that raising revenue should be the primary purpose of any tariffs. Others disagreed.
The day after Madison proposed his tariff plan, Congressman Thomas Fitzsimons of Pennsylvania moved to add a list of specific imports that should be subjected to tariffs. Fitzsimons’ goal was not to raise revenue. It was to protect the budding manufacturing industry in Pennsylvania from foreign competition. Members of the New England delegation quickly jumped on this idea. The New England manufacturing industry, still in its infancy, had trouble competing with foreign imports, primarily from Britain. Heavy tariffs on imports of items that could be made domestically, would help these local industries to grow and thrive.
Southerners opposed these protectionist policies. The primarily agricultural south did not want to have to pay more for the goods they imported, just so northern manufacturers would have an unfair advantage in selling their goods under this protectionist system. At the same time, some southerners sought high tariffs on certain agricultural products that would benefit southern states.
There were also debates on whether to punish certain countries for their trade policies. Madison proposed an extra high tariff on Britain, from which most American imports came, because Britain’s ports were closed to American exports.
As the debate got more heated, George Thatcher of the Massachusetts, Maine district, proposed a $50 import tariff on slaves. This inflamed southern delegates, who were outraged. Although Thatcher did not seriously think such a duty could pass, another delegate, Josiah Parker of Virginia, seriously proposed a $10 per head duty on slave imports. Parker opposed slavery on moral grounds, but Virginia also had a glut of slaves at the moment. More imports would reduce the value of existing slaves. So while some Virginians liked the idea, states like South Carolina and Georgia, who were still heavily reliant on importing more slaves, objected in the strongest terms.
Members felt pressure to act quickly, since each day without a tariff law was another day of missed revenue. The busy spring and summer season of imports in 1789 went by with no tariffs implemented. Members worked to reach a reasonable compromise. In the end, a wide range of imports were subject to specific duties of about 7% to 8%. A reduced Molasses tax ensured molasses imports so that New Englanders could make their rum. A distilled spirits tax was also imposed. American owned ships would pay a tonnage duty of six cents per ton. Foreign vessels would pay 50 cents per ton. Ships owned in part by foreigners would pay 30 cents per ton.
Eager to get something in place, the House and Senate passed this compromise bill in July 1789 and sent it to the President for his signature. Washington signed the bill. But disagreement over its terms meant that this would be a continuing issue in Congress’ next term. Congress also ordered Secretary of Treasury Alexander Hamilton to prepare a report on national debts so that Congress could decide how aggressive its revenue collection had to be.
Other issues debated heavily but not resolved in the first session included where to move the national capital. Madison and others tried to keep it off the agenda because it was such a divisive issue, but members wanted it resolved. Many other issues, including many listed as Congressional responsibilities in the Constitution, never even got addressed in the first session. There was so much to do, that there just wasn’t enough time.
1790 State of the Union
When Congress returned for its second session in January 1790, President Washington decided it was time to report to Congress on the State of the Union. The Constitution did not say anything other than that the President should report to Congress "from time to time on the state of the Union." It did not say when, or how often it should happen. It didn’t even require that the report be given in person.
Washington’s decision to give his address in person and at this time may have come from the tradition in Britain, when the King gave an address to the opening of Parliament. It helped to set the legislative agenda by listing priorities and concerns for the members. Washington was not a big fan of public speaking, and certainly did not want to do anything to imitate the King of England, but after conferring with Madison and others, he determined to give the address in person. Madison also assisted in drafting his address.
Washington wrote to Congress asking to schedule an appearance. Congress was supposed to return to business on January 4. But a quorum did not show up until January 7. At that point a joint committee from the House and Senate agreed to invite the president to address Congress the following day at noon in the Senate chamber. There was a scramble to prepare for the president, including considerable debate over whether members of congress should sit or stand for the address. The decision was to sit, so chairs for all the House members and Senators had to be carried into the chamber, while tables were removed to make enough room.
Washington started several traditions in his first state of the union address that were not contemplated by the Constitution. Appearing in person was a big one. Another was that he brought the Chief Justice and his cabinet to the capitol to hear his address. This changed the tone from the president reporting to Congress, to one of all three branches coming together to hear the speech.
The President arrived shortly before the scheduled time wearing a dark suit from Hartford that he had purchased on his recent New England tour. He was still wearing a black arm band to mourn the death of his mother who had died that previous August.
The address itself was relatively short. Washington noted with satisfaction that North Carolina had joined the Union. One of the first things he focused on was the need to establish a real military. As he put it “To be prepared for war is one of the most effectual means of preserving peace.”
Washington went on to note that a free people should be both armed and disciplined. He also called for more efforts to promote local manufacturing, particularly of military supplies. The President’s primary concern at this time was hostile Indians. While he continued to have his state department work on treaties, the danger of war was always present. He also called for better pay for US diplomats abroad. Congress would address the issue of diplomatic pay about six months later.
Aside from defense, there were other matters which the Constitution explicitly required Congress to handle, but were still outstanding. One was establishing uniform currency and weights and measures. Another outstanding task was establishing naturalization laws so that foreigners could become citizens. Washington expressed his concern that Congress address both of these issues.
Washington emphasized his concern for supporting local industry and for building more infrastructure in the form of roads and post offices. He also called for the promotion of science and literature. He went on to note:
that every valuable end of government is best answered by the enlightened confidence of the people, and by teaching the people themselves to know and to value their own rights; to discern and provide against invasions of them; to distinguish between oppression and the necessary exercise of lawful authority; between burthens proceeding from a disregard to their convenience and those resulting from the inevitable exigencies of society; to discriminate the spirit of liberty from that of licentiousness - cherishing the first, avoiding the last
He called for more aid to schools, and the institution of a national university.
In a nod to the House of Representatives, the president noted that they had called for a report on public credit and the need to provide support for it. Washington agreed with this view and promised to cooperate in any way that he could. Secretary of Treasury Hamilton would deliver the administration’s report on public credit the following day.
The president concluded by noting that he had delivered to Congress a great many documents to give details on the State of the Union. He ended by saying:
The welfare of our country is the great object to which our cares and efforts ought to be directed, and I shall derive great satisfaction from a cooperation with you in the pleasing though arduous task of insuring to our fellow citizens the blessings which they have a right to expect from a free, efficient, and equal government.
Response
Following the President’s address and his departure, the House considered the speech in a Committee of the whole. They appointed a smaller committee to write a formal reply. This committee included Madison, who, of course, had a role in writing the President’s address.
The committee completed the document four days after the address, and delivered in person to the President at his residence on January 14.
The House response said that they pretty much agreed with everything the President said, sharing congratulations over the admission of North Carolina. They promised to continue the people’s work, concluding by saying:
The prosperity of the United States is the primary object of all our deliberations, and we cherish the reflection that every measure which we may adopt for its advancement will not only receive your cheerful concurrence, but will at the same time derive from your cooperation additional efficacy, in insuring to our fellow-citizens the blessings of a free, efficient, and equal government.
The Senate wrote a similar response, essentially agreeing with each point the president had made. It completed its response one day sooner than the House, but also waited until January 14 to deliver it to the President in person. Vice President John Adams led the delegation to deliver the Senate’s reply The Senate ended its response with:
Our cares and efforts shall be directed to the welfare of our country, and we have the most perfect dependence upon your cooperating with us on all occasions in such measures as will insure to our fellow-citizens the blessings which they have a right to expect from a free, efficient, and equal government.
Reaction
Washington's address did seem to set the tone for the next congressional session. Many of the issues he raised in his speech were addressed by Congress.
The army, which consisted of only a few hundred officers and men, was being used primarily in the Northwest Territory to protect settlers from Indian attacks. Congress had already authorized an army of 840, but only 672 officers and men were actually serving. At Washington’s urging, in June, Congress increased the size of the army to 1273 officers and men, adding four additional infantry companies under a three year enlistment.
Due to low pay and poor conditions, however, the army had trouble enlisting new recruits. By early 1791, army still totaled just over 800 officers and men. Without a large professional military, Washington knew that militia would be critical to a military emergency. Several weeks after his address, the president met with Secretary of War Henry Knox to work on establishing uniform guidelines for militia. Although the president brought this issue to Congress again by the end of the year, Congress would not pass a Militia Act until 1792. It authorized the president to call out the militia in time of invasion or danger of invasion. Congress finally acted after a disastrous Indian battle at Wabash, something we will cover in a future episode.
On the currency issue, Congress ended up passing this back to the executive branch. It called on the Secretary of State to come up with a plan for establishing uniformity in currency and weights and measures. It also called on the Secretary of the Treasury to come up with a plan for the establishment of a mint.
Secretary of State Jefferson, who did not arrive in New York to take his new position until March, 1790, had earlier proposed a decimal system of currency back in 1785. This is probably why Congress gave this task to him, rather than Hamilton. Jefferson also wanted a system of measurements also based on decimals. Jefferson suffered from migraines after his arrival in New York, which limited his ability to work. After Jefferson submitted his report to Congress in July, Congress was not really sure what to do with it, and tabled it until the end of the year.
Secretary of Treasury Hamilton took longer. He spent much of the year researching the British model of currency, focusing on the metal alloys used in coins. Hamilton spent months considering various denominations, as well as the designs for all of the American coins.
He agreed with Jefferson that it made sense to use a decimal system in currency. In fact, Jefferson and Hamilton worked closely on this project and found themselves in agreement on many of the issues. Jefferson gave input based on his visits to the French Mint while he was serving as the American Minister in France. In the end, mostly because Hamilton was so busy with other matters, Jefferson ended up taking over much of the responsibility for establishing the mint, which did not get final approval in Congress until 1791.
With regard to naturalization rules, Congress handled this one itself. A week after the president’s address, the House of Representatives formed a committee to come up with rules of naturalization. It took the committee about six weeks to come up with a final bill, which the House passed on March 4. The Senate then took a couple of weeks to consider and amend the house bill. Final reconciliation was done in about a week, and Washington signed the bill into law.
The final bill permitted citizenship to free white people of good character, who had lived in the United States for a minimum of two years. They had to take an oath of allegiance to support the Constitution. Any children under the age of 21 who were also living in the US became citizens automatically when their father did. They also determined that any child born abroad to US citizens would be considered a natural born citizen. Application and approval for naturalization could take place in any court within the US. State and local courts would handle most of this work.
Congress’ efforts to protect domestic manufacturing and industry had already been done through its protective tariffs. These remained an ongoing fight in Congress as to the details. In April, Congress created the first patent and copyright laws in order to encourage science and the arts. President Washington signed this into law on May 31.
People who wanted their books, maps, and charts protected for up to 14 years had to register their works with the local district court. They were also permitted to renew their copyright for another 14 years, meaning a total of 28 years for a copyright. Congress also made up a patent board, consisting of the Secretary of State, the Secretary of War, and the Attorney General. These men would evaluate any patent application to determine if it was sufficiently useful and important. The board could then issue a patent that would be granted for a period not to exceed 14 years.
Congress took no action regarding education. Washington’s call for a national university would not be realized until 1821, decades after his death.
Washington Sick Again
One other big change for the President shortly after his speech was a new home. Washington had been living in a residence at 3 Cherry Street for nearly a year. In February of 1790, he moved to 39 Broadway, a large four story house recently vacated by the French minister. Its larger rooms and grander furnishings were deemed more appropriate for the President to receive visitors and to entertain.
President Washington continued his work with Congress through the spring of 1790. Sadly, New York City’s health condition plagued Washington once again. In May, he became quite sick with influenza and pneumonia. Witnesses reported that it impacted both his hearing and eyesight. Over the next week, it only got worse, with his breathing becoming weaker. The four doctors attending to him reported on May 15 that they did not have any hope that the president would recover. This caused panic throughout the capital as government leaders and others feared that the president’s death might destroy the government.
Over the next night, however, the fever suddenly broke and Washington began to recover. IN a letter around this time, Washington wrote: “Within the last twelve months I have undergone more, and severer sickness than thirty preceding years afflicted me with” he added another would “more than probable will put me to sleep with my fathers.” By May 20th, the president was past the worst of it. The doctors pronounced that he was on the road to recovery, though it would be several more weeks before he could resume most of his duties.
Next week, the nation begins to expand in the south, and Rhode Island finally joins the Union.
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Next Episode 365 Southwest Territory & Rhode Island Joins (coming soon)
Previous Episode 364 New England Tour and NC Ratifies
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Further Reading
Websites
Free eBooks
(from archive.org unless noted)
Brant, Irving James Madison: Father of the Constitution, 1787-1800. Bobbs-Merrill Co. 1950 (borrow only).
Losing, Benson (ed) The Diary of George Washington, From 1789 to 1791, Richmond: Press of the Historical Society, 1861.
Wilson, Woodrow George Washington, New York: Harper & Brothers, 1896.
Books Worth Buying
(links to Amazon.com unless otherwise noted)*
Bordewich, Fergus M. The First Congress: How James Madison, George Washington, and a Group of Extraordinary Men Invented the Government, Simon & Schuster, 2016.
Chernow, Ron Alexander Hamilton, Penguin Press, 2004.
Chernow, Ron Washington, A Life, Penguin Press, 2010.
Chervinsky, Lindsay M. The Cabinet: George Washington and the Creation of an American Institution, Belknap Press, 2020.
Elkins, Stanley M. and Eric McKitrick, The Age of Federalism: The Early American Republic, 1788–1800, Oxford Univ. Press, 1993 (borrow on archive.org).
Ellis, Joseph J. His Excellency. George Washington, Alfred A. Knopf, 2005.
Ellis, Joseph J. The Quartet: Orchestrating the Second American Revolution 1783-1789, Alfred A. Knopf, 2015.
Ferling, John Jefferson and Hamilton: The Rivalry That Forged a Nation Hardcover, Bloomsbury Press, 2013.
Leibiger, Stuard (ed) A Companion to James Madison and James Monroe, Wiley-Blackwell, 2012.
Leibiger, Stuart Founding Friendship George Washington, James Madison, and the Creation of the American Republic, Univ. of Virginia Press, 1999.
McCullough, David John Adams, Simon & Schuster, 2001.
Meacham, Jon Thomas Jefferson: The Art of Power, Random House, 2012
Randall, Willard Sterne Thomas Jefferson: A Life, Henry Holt and Co. 1993.
Stahr, Walter John Jay: Founding Father, Bloomsbury Academic, 2005.
Unger, Harlow Giles Mr. President: George Washington and the Making of the Nation's Highest Office, De Capo Press, 2013.
* As an Amazon Associate I earn from qualifying purchases.
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