Morris, was so incensed that Maclay “could see his nostrils widen and his nose flatten like the head of a viper.”  Pierce Butler of South Carolina “flamed away and threatened a dissolution of the Union, with regard to his State, as sure as God was in the firmament.”  Thus began a line of argument that was frequently pursued thereafter until it was ended by wager of battle.  On several occasions the division was so close that Vice-President Adams gave the casting vote.  Although there was much railing in the Senate against imposts as a burden to the agricultural sections, yet some who opposed duties in the abstract thought of particulars that ought not to be neglected if the principle of protection were admitted.  Duties on hemp and cotton therefore found their way into the bill through amendments voted by the Senate.  Adjustment of the differences between the two houses was hindered by the resentment of the House at the removal of the treaty discrimination feature, but the Senate with characteristic address evaded the issue by promising to deal with it as a separate measure and ended by thwarting the House on that point.

On the whole, in view of the sharp differences of opinion, the action taken on the tariff was remarkably expeditious.  The bill, which passed the House on May 16, was passed by the Senate on June 2, and although delay now ensued because of the conflict over the discrimination issue, the bill became law by the President’s approval on July 4.  This prompt conclusion in spite of closely-balanced factions becomes more intelligible when it is observed that the rules of the Senate then provided that, “in case of a debate becoming tedious, four Senators may call for the question.”  Brief as was the period of consideration as compared with the practice since that day, Maclay noted indignantly that the merchants had “already added the amount of the duties to the price of their goods” so that a burden fell upon the consumers without advantage to the Treasury.  Such consequence is evidence of defect in procedure which the experience of other nations has led them to correct, but which has continued to increase in the United States until it has attained monstrous proportions.  Under the English budget system new imposts now take effect as soon as they are proposed by the government, the contingency of alteration in the course of enactment being provided for by return of payments made in error.  The general tendency of civilized government is now strongly in favor of attaching the process of deliberation upon financial measures to the period of their administrative incubation, and of shortening the period of formal legislative consideration.

One of the tasks of Congress in its first session was to draught amendments to the Constitution.  The reasons for such action were stated by Madison to be a desire to propitiate those who desired a bill of rights, and an effort to secure acceptance of the Constitution in Rhode Island and North Carolina.  Promises had been made, in the course of the struggle for adoption, that this matter would be taken up, and there was a general willingness to proceed with it.  Under the leadership of Madison, the House adopted seventeen amendments, which were reduced by the Senate to twelve.  Of these, ten were eventually ratified and formed what is commonly known as the Bill of Rights.