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Opinions on the Constitutionality of the Residence Bill

From: Jefferson Papers | Main Series | Volume 17 | Opinions on the Constitutionality of the Residence Bill

The assumption of the state debts in 1790. was a supplementary measure in Hamilton’s fiscal system. When attempted in the House of Representatives it failed. This threw Hamilton himself and a number of members into deep dismay. Going to the President’s one day I met Hamilton as I approached the door. His look was sombre, haggard, and dejected beyond description. Even his dress uncouth and...
A paltry attempt in yesterday’s paper to impose on the public requires some notice—the writer of it asserts that the bill of last session for continuing the seat of government at New-York was unconstitutional and the bill of this session for adjourning to Philadelphia, constitutional: the citizens of this country are too enlightened to be deceived by the flimsey reasoning which is employed to...
The public attention having been drawn to the meaning of the constitution, as applied to two bills, one before the last, the other before the present session of Congress, the following candid view of this subject is submitted by one who has carefully attended to the whole discussion . By the article of the constitution the power of adjourning to another place is vested in the two houses,—whose...
Have you formed an opinion on the subject I submitted to you on Tuesday?—Have you heard whether the Bill was disputed in both or either House of Congress on the ground of the Constitution, or whe[ther] this objection (in its full force) was held in petto for the last move, in the present stage of the business?—If it was debated, as above, whether the Arguments adduced by the Author of the...
I have formed an opinion, quite satisfactory to myself, that the adjournments of Congress may be by law, as well as by resolution, without touching the constitution. I am now copying fair what I had written yesterday on the subject and will have the honor of laying it before you by ten aclock.—The address to the President contains a very full digest of all the arguments urged against the bill...
Th: Jefferson begs pardon of the President for being later in sending the inclosed than he had given him reason to expect. The sole cause has been that the act of copying took him longer than he had calculated. He will have the honor of waiting on the President to answer any thing which he may have omitted materially in these papers. RC ( DNA : RG 59, MLR ); addressed: “The President of [the...
A Bill having passed the two houses of Congress, and being now before the President, declaring that the seat of the federal government shall be transferred to the Patowmac in the year 1790 [i.e. 1800], that the session of Congress next ensuing the present shall be held at Philadelphia, to which place the offices shall be transferred before the 1st. of December next, a writer in a public paper...
What shall we say to those men who, a few months ago , declared most solemnly that it was an unconstitutional act to fix by law the session of congress , and now give their votes for a cause which fixes by law the next session of congress? Those who have read the speeches of Mr. M——n, Mr. P-e, and Mr. C—1, as recorded in the 2d. volume of the Congressional Register, pages 425, 427, and 432,...
This reasoning is inforced by the clause (Art. 2. Sect. 1. < cl. 3 >) which says the list of votes of the electors shall be transmitted to the seat of Govt. directed to the President of the Senate who in presence of the Senate and H of Reps. shall open the certificates &c. The seat of Congress then must be at the seat of Govt. It is admitted that the seat of Govt. can not be where the Ex: part...
With esteem for your person, and the sincerest reverence for your high public and private character, I humbly request your candid perusal of the following observations: They have been occasioned by a serious attention to the Bill which has recently passed the two Houses of Congress, and now waits your sanction: they spring from an affection for the constitution, and an anxious solicitude to...