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Clinical and Fieldwork Placement
in the Health Professions
Clinical and Fieldwork Placement in the Health Professions 2nd Edition Karen Stagnitti
Clinical and Fieldwork Placement
in the Health Professions
Second Edition
OXFORD
UNIVERSITY PRESS
AUSTRALIA & NEW ZEALAND
Edited by Karen Stagnitti,
Adrian Schoo and Dianne Welch
OXFORD
UNIVERSITY PRESS
Oxford University Press is a department of the University of Oxford.
It furthers the University's objective of excellence in research,
scholarship, and education by publishing worldwide. Oxford is a registered
trademark of Oxford University Press in the UK and in certain other
countries.
Published in Australia by
Oxford University Press
253 Normanby Road, South Melbourne, Victoria 3205, Australia
© Karen Stagnitti, Adrian Schoo and Dianne Welch 2013
The moral rights of the author have been asserted.
First published 2010
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system,
or transmitted, in any form or by any means, without the prior permission in writing of Oxford University
Press, or as expressly permitted by law, by licence, or under terms agreed with the appropriate reprographics
rights organisation. Enquiries concerning reproduction outside the scope of the above should be sent to the
Rights Department, Oxford University Press, at the address above.
You must not circulate this work in any other form and you must impose this same condition on any acquirer.
National Library of Australia Cataloguing-in-Publication entry
Author: Stagnitti, Karen.
Title: Clinical and fieldwork placement in the health professions / Karen Stagnitti, Adrian Schoo, Dianne Welch.
Edition: 2nd ed.
ISBN 978 0 19 551960 0 (pbk.)
Notes: Includes bibliographical references and index.
Subjects: Medical personnel-In-service training.
Clinical medicine-Study and teaching.
Fieldwork (Educational method)
Other Authors/Contributors:
Schoo, Adrian
Welch, Dianne
Dewey Number: 610.711
Reproduction and communication for educational purposes
The Australian Copyright Act 1968 (the Act) allows a maximum of one chapter
or 10% of the pages of this work, whichever is the greater, to be reproduced
and/or communicated by any educational institution for its educational purposes
provided that the educational institution (or the body that administers it) has
given a remuneration notice to Copyright Agency Limited (CAL) under the Act.
For details of the CAL licence for educational institutions contact:
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Links to third party websites are provided by Oxford in good faith and for infonnation only.
Oxford disclaims any responsibility for the materials contained in any third party website
referenced in this work.
Contents
Lists of Figures. Tables and Case Studies
Preface
Contributors
Acknowledgments
PART 1: ISSUES FOR P RACTICE
Chapter 1 Getting Ready for Placement
Jane Maidment
Chapter 2 The Three Rs: Roles, Rights and Responsibilities
Linda Wilson
Chapter 3 Becoming a Reflective Practitioner
Helen Larkin and Genevieve Pepin
Chapter 4 Models of Supervision
Ronnie Egan and Doris Testa
Chapter 5 Making the Most of Your Fieldwork Learning Opportunity
Helen Larkin and Anita Hamilton
Chapter 6 Assessment of Clinical Learning
Megan Smith
Chapter 7 A Model for Alternative Fieldwork
Rachael Schmidt
Chapter 8 lnterprofessional Learning in the Field: Multidisciplinary
Teamwork
Nick Stone
Chapter 9 Learning from Failure
Eva Nemeth and Lindy McALLister
viii
xii
XV
xvi i i
1
3
13
31
43
57
70
83
95
115
v
vi Contents
Chapter 10 Using Digital Technology for Knowledge Transfer
Anita Hamilton and Merrolee Penman
Chapter 11 Fostering Partnerships with Action
Michelle Courtney and Jane Maidment
Chapter 12 Supporting People's Decision-making
Genevieve Pepin, Joanne Watson, Nick Hagiliassis and Helen Larkin
Chapter 13 Working in Palliative Care
Lorna Rosenwax and Sharon Keesing
Part 1 Checklist
PART 2: CONTEXTS O F P RACTICE
Chapter 14 Working in Diverse Settings
Sharleen O'Reilly
Chapter 15 Working with Mothers and Babies
Joanne Gray
Chapter 16 Working with Children and Families
Kelly Powell
Chapter 17 Working in Acute Settings
Jo McDonall and Dianne Welch
Chapter 18 Working with Older People
Jennifer Nitz
Chapter 19 Working in Mental Health
Genevieve Pepin
Chapter 20 Working in Workplace Practice
Lynne Adamson and Michelle Day
Chapter 21 Working in Private Practice
Tim Kauffman. Phoebe Maloney and Adrian Schoo
Chapter 22 Working in Rural and Remote Settings
Paul Tinley
Chapter 23 Working in Indigenous Health Settings
Deirdre Whitford, Judy Taylor and Kym Thomas
Part 2 Checklist
128
146
158
174
186
193
195
211
224
239
253
270
286
302
313
329
348
PART 3: TRANSITION TO P RACTICE
Chapter 24 You Become the Supervisor
Uschi Bay and Michelle Courtney
Chapter 25 Starting Out in Supervision
Liz Beddoe
Chapter 26 Health Workforce Recruitment and the Impact of
Fieldwork Placements
Adrian Schoo. Karen Stagnitti and Brenton Kortman
Part 3 Checklist
Appendix: Legal Issues
Richard lngleby
G lossary
List of Useful Websites
Index
Contents vi i
353
355
368
382
392
394
400
416
418
Lists of Figures,
Tables and Case Studies
Figures
2.1 Common foundation for information between stakeholders 20
2.2 University mechanisms to address student concerns 27
3.1 Gibbs' model of reflection (1988) 39
4.1 The Reflective Learning M odel showing the four stages of reflection
to arrive at a practical outcome (Davys & Beddoe 2010) 53
5.1 The Fieldwork Learning Framework 58
8.1 I P L umbrella terms 99
8.2 Links between I P L and outcomes 103
9.1 Readiness to learn from failure in a fieldwork placement 122
10.1 Healthcare Blogger Code of Ethics symbol 131
10.2 H O N code symbol 131
10.3 RSS symbol 137
12.1 The doughnut principle 163
12.2 The person-centred risk assessment 164
12.3 The supported decision-making model 166
12.4 The decision-making pathway 168
13.1 Appropriate care near the end of life 177
13.2 Gibbs' model of reflective practice 183
14.1 The Australian hospital system: A patient perspective 197
14.2 The iceberg concept of culture 203
15.1 Main skills of a health professional working with mothers and babies 213
16.1 The effective paediatric practitioner 231
16.2 Paediatric clinical reasoning process 235
16.3 The clinical reasoning process (thinking process) used by the health
professional for Sarah 236
viii
Lists of Figu res, Tables and Case Studies ix
17.1 The 5 moments for hand hygiene
18.1 Scope of fieldwork settings when working with older people
20.1 Stakeholders in the occupational rehabilitation process
25.1 The focus of supervision
25.2 The focus of the fieldwork placement supervision
25.3 Student and practitioner supervision: Key differences
Tables
1.1 Planning and organising for placement
1.2 First week: Planning and organisation
2.1 Examples of stakeholders' interests
2.2 Outline of stakeholder three Rs
4.1 Function and task checklist for you and your fieldwork educator
249
254
288
369
370
374
6
7
15
16
45
4.2 Five approaches to supervision 47
4.3 Strengths and limitations of the apprenticeship approach 48
4.4 Strengths and limitations of the growth therapeutic approach 48
4.5 Strengths and limitations of the role systems approach 49
4.6 Strengths and limitations of the competency-based approach 49
4.7 Strengths and limitations of the critical reflection approach to supervision 50
5.1 Personal attribute scenarios 60
5.2 Reframing generational attributes and behaviours 61
5.3 Alternative response types 62
5.4 Reflecting on practice window 64
6.1 Differences between clinical assessment and assessment in
formal academic settings
6.2 Assessment criteria used during clinical placements. and activities
used to reveal achievement of these criteria
6.3 Developing self-assessment skills throughout a clinical placement
8.1 Stereotypes: Helpful and unhelpful approaches
8.2 Myths and realities of I P L
8.3 I P L sample objectives
8.4 Post-placement objectives and activities
8.5 Stages of interprofessional competence
9.1 Characteristics of students experiencing difficulties and possible
competencies affected
10.1 Digital technology tools: Function and application in fieldwork
71
73
77
97
100
107
111
112
116
138
x Lists of Figu res, Tables and Case Studies
14.1 I nterdisciplinary team members
15.1 Learning another Language
17.1 Preparation List before beginning an acute care placement
19.1 Me as part of a team
19.2 My proactive p lan
22.1 Ratio of health professionals to population
25.1 The course of the supervision relationship
25.2 Supervisee Levels of independence
25.3 Coping with uncertainty
Case Studies
Grier's situation
What information is missing in the following situation?
Three scenarios
Working with Mr Omar
J enna. part 1
J enna. part 2
J enna. part 3
The OWLS program
Eliot
Teamwork in adversity
An illustration of structured post-fieldwork I P L
Chris's story of failing fieldwork
Rita's story of failing fieldwork
Meg the blogger
Forcefield analysis of the fieldwork enterprise
Lillian's story
David
J im and June
Samuel the dietitian's first day on placement
Fragmented care
Sarah
What a day!
It's all in a day
Comparison of management for elective hip replacement surgery
between a well and a frail elderly person
201
220
244
279
283
316
371
375
377
10
21
28
52
62
65
67
go
91
g6
105
117
120
133
154
166
179
180
200
214
225
250
251
Lists of Figu res, Tables and Case Studies xi
Comparison between two frail older persons who both have complex and chronic
conditions 266
Alfie 280
A referral from the OVA 293
Workplace safety 295
The negotiation 296
Be quick in private practice 309
Pleasing the client 310
My first week 326
Nancy and Geoff 339
Jane's fieldwork experiences 358
Sri at work 361
Leah as a fieldwork educator 364
Learning to work together 373
N ita 375
J osie 378
J ohn Leaves home for the country 386
xii
Preface
Welcome to the second edition of this book! This book is aimed at students enrolled in
a health profession. It is not a discipline-specific book. This second edition places more
emphasis on competencies in practice and includes two new chapters-one on reflective
practice and one on palliative care. Gaining competencies through clinical fieldwork
placement or working in the field is experienced by all health students and is an important
part of education for those who are planning to start their career in a health-related area.
In all health professions. there are common competencies as all health professions are
concerned with providing best practice to patients or clients. Curran et al. (2011) noted that
competency is more than discipline-specific knowledge. skills and attitudes. but also includes
understanding the context of the workplace. a person's cognitive and affective resources
and provision of a common understanding towards interprofessional collaborations. These
common competencies include professional behaviour. ethical behaviour. communication.
knowledge of discipline-specific assessment and treatment. lifelong learning and
interprofessional practice (collaboration and working in teams). In order to gain these
competencies through clinical fieldwork placement. the student is required to spend a
certain number of hours in a healthcare setting working within their discipline-specific
profession. This requirement is essential to becoming a competent health professional/
practitioner and is called various names, such as authentic learning. work-situated learning
or work-integrated learning. While you may have thought that. 'This is voluntary, so it is not
that important to me. but since I have to pass it to pass the course. I'll have to go through with
it!'. the clinical fieldwork placement or clinical practicum is where you. as a student. start to
understand how theory becomes applied when real. live people require your professional
service. It is also the context where professional and ethical behaviours are honed.
Writing a book for all health professions has meant that we. the editors. have made some
pragmatic decisions about terminology throughout the book. By using the same terminology
throughout, it will be clearer to you what is being referred to. and chapters can be compared using
the same terminology. As there are several disciplines represented in this book. the decisions
made on terminology were based on the most common terminology used by authors across
these disciplines. Here. in the Preface. we want to make it clear what the terminology means.
The term 'fieldwork p lacement' is used throughout this book as the term that refers
to the place where the student is learning about how to apply their competencies in
practice through developing and consolidating professional behaviour. knowledge and skills.
'Fieldwork' was chosen as it is broader than 'clinical', as not all placements of all students
are always in a hospital or clinical setting. For example. sometimes. the student is placed in
Preface xiii
a school or office setting where they work on a particular project. So, 'fieldwork p lacement'
has been used to represent the following: fieldwork, clinical placement, clinical practicum,
clinical education, fieldwork experience and work-integrated Learning settings.
'Fieldwork educator' is the term used for the person who supervises the student in the
placement setting. Depending on your profession. this person could also be called your
'preceptor', 'clinical supervisor' or 'clinical educator'. Sometimes this person may also be
an academic staff member from the university or educational institution that the student
attends, but this is rare. The university staff involved in fieldwork organisation, collaboration
or Liaison is clearly identified in the text as a university staff member.
Other terms to refer to persons in this book are: 'health professional', 'patients' or 'clients',
and 'student'. 'H ealth professional' refers to any person working in a health area and who
has attained a minimum of a bachelor degree in their discipline area. Patients and clients
are the people the student is assessing, treating, interviewing or working with in other ways.
Both terms are used throughout the book as some case studies refer to clinical situations
(where 'patient' is used) and other case studies refer to non-clinical situations (where 'client'
is used). The student is you. We use the term 'entry Level degree' as this encompasses both
bachelor degrees and masters entry Level degrees.
The term 'work integrated Learning' (WI Ll is used in this book. This term is still used
widely (at the time of writing this second edition) for what we would call 'fieldwork' or
'practicum'. In 2009, the then Australian Learning and Teaching Council completed a Large
scoping study in thirty-five universities across Australia in relation to this topic from the
perspectives of universities and students. The term 'WI L'was defined by them as 'an umbrella
term for a range of approaches and strategies that integrate theory with the practice of work
within a purposefully designed curriculum' (Patrick et al. 2008: iv, cited in Smith et. al. 2009:
23). In this sense WI L encompasses more than just fieldwork placements per se and is really
Looking at how these are embedded and integrated within the whole student experience
and how we endeavour within the curriculum to integrate the theory with the practice in
order to develop a student's competence in practice. We have referred to 'work-integrated
Learning' in some sections in some chapters when it is appropriate. The term is not always
appropriate, and hence we have used 'fieldwork placement' to be more specific and used
'work-integrated Learning' when references are to the student Learning experience.
There are three parts in the book. Part 1 is I ssues for Practice. In this part, information
that is important for you to know-regardless of the setting where you will be undertaking
your placement-is presented. Topics covered here are: what you need to prepare for
placement your role, rights and responsibilities: models of supervision: assessment how to
get the most out of your fieldwork experience: working in teams: how to positively move on
from failure: technology: and reflective practice. Part 2 is Contexts of Practice, and in this
part each chapter addresses a specific situated Learning experience and guides the student
through what to prepare for. what to expect and issues that would be helpful to be aware of
during placement. The final part, Part 3. Looks at Transition to Practice where the chapters
cover aspects of becoming a fieldwork supervisor and how to plan for a student to come
back and work in the area. At the end of each part is a checklist for easy reference.
We wish you all the best in your fieldwork placements.
Karen Stagnitti
Adrian Schoo
Dianne Welch
xiv Preface
References
Curran. V. H ollett. A., Casimiro. L.. McCarthy, P., Banfield. V. Hall, P., Lackie. K.. Oandasan. 1..
Simmons. B. & Wagner. S. (2011). Development and validation of the interprofessional
collaborator assessment rubric (I CAR). Journal of /nterprofessional Care. 2S: 339-44.
Smith. M.. Brooks. S.. Lichtenberg. A.. M ciLveen. P.. Torjul, P. & Tyler. J. (200g). Career development
learning: maximising the contribution of work-integrated learning to the student experience.
Final Project Report. Australian Learning & Teaching Council. University of Wollongong.
Lynne Adamson. Associate Professor. Occupational Science and Therapy, School of Health
and Social Development. Deakin University. Victoria.
Uschi Bay. Senior Lecturer. Social Work. Faculty of Medicine. N ursing and Health Sciences.
Monash University. Melbourne. Victoria.
Liz Beddoe. Associate Professor in the School of Counselling. H uman Services and Social
Work. Faculty of Education. University of Auckland. Auckland.
Michelle Courtney. Senior Lecturer. Occupational Science and Therapy. School of Health
and Social Development. Deakin University. Victoria.
Ronnie Egan. Associate Professor of Field Education. School of G lobal Urban and Social
Studies. RM IT University. Melbourne. Victoria.
Joanne Gray. Associate Dean (Teaching and Learning). Faculty of H ealth. University of
Technology. Sydney.
Nick Hagiliassis. Research Coordinator. Scope. G lenroy. Victoria.
Anita Hamilton. Lecturer Occupational Therapy, School of Health and Sport Sciences.
Faculty of Science. Health. Education and Engineering. University of the Sunshine Coast.
Richard lngleby, Barrister. Victoria: Faculty of Law. University of Western Australia.
Tim Kauffman. Kauffman Gamber Physical Therapy, Lancaster. Pennsylvania: and Adjunct
Faculty. Columbia University. New York.
Sharon Keesing. Lecturer. School of Occupational Therapy and Social Work. Curtin
University. Western Australia.
Brenton Kortman. Senior Lecturer. Coordinator of the Occupational Therapy program at
Flinders University. South Australia.
Helen Larkin. Lecturer. Occupational Science and Therapy, School of Health and Social
Development. Deakin University. Victoria.
XV
xvi Contri butors
Lindy McALLister. Professor and Associate Dean of Work Integrated Learning. Faculty of
Health Sciences. University of Sydney.
Jo McDonaLL. Lecturer. School of N ursing and Midwifery. Deakin University. Victoria.
Jane Maidment. Senior Lecturer. School of Social and Political Sciences. University of
Canterbury. N ew Zealand.
Phoebe Maloney, Active Support Coordinator. Transport Accident Commission. Geelong.
Victoria. Australia.
Eva Nemeth. Director of Clinical Education. Master of Speech and Language Program.
Macquarie University. Sydney.
Jennifer Nitz. Geriatric Teaching and Research Team Leader. Division of Physiotherapy.
School of Health and Rehabilitation Sciences. University of Queensland.
Sharleen O'ReiLLy. Senior Lecturer. School of Exercise and N utrition Sciences. Deakin
University. Victoria.
Merrolee Penman. Principal Lecturer. School of Occupational Therapy, Otago Polytechnic.
Dunedin.
Genevieve Pepin. Senior Lecturer. Occupational Science and Therapy. School of Health and
Social Development. Deakin University. Victoria.
Kelly PoweLL. Lecturer. Occupational Science and Therapy. School of Health and Social
Development. Deakin University. Victoria.
Lorna Rosenwax. Professor and Head of School. Occupational Therapy and Social Work.
Curtin University. Western Australia.
Rachael Schmidt. Lecturer. Occupational Science and Therapy. School of Health and Social
Development. Deakin University. Victoria.
Adrian Schoo. Professor. Flinders Innovation in Clinical Education Cluster. School of
Medicine. Flinders University, South Australia.
Megan Smith. Associate Professor. Sub Dean Workplace Learning. Faculty of Science.
Charles Sturt University. Albury.
Karen Stagnitti. Professor. Personal Chair. Occupational Science and Therapy Program.
School of H ealth and Social Development. Deakin University. Victoria.
Nick Stone. Research Fellow. Faculty of H ealth Sciences. La Trobe University; Lecturer.
Department of Management and Marketing. University of Melbourne: Consultant
(including Culture Resource Centre. Deakin. Murdoch. Wollongong. Macquarie and Nelson
Mandela Universities).
Contri butors xvii
Judy Taylor. Adjunct Associate Professor. School of Medicine and Dentistry. James
Cook University: Adjunct Associate Professor. Centre for Rural H ealth and Community
Development. University of South Australia. Whyalla.
Kym Thomas. Coordinator. Aboriginal Health Unit. Spencer Gulf Rural Health School.
University of South Australia.
Doris Testa. Lecturer/Academic Leader Field Education. Social Work. Victoria University.
Paul Tinley, Associate Professor. Podiatry Course Coordinator. School of Community
Health. Charles Sturt University, Albury.
Joanne Watson. Research Fellow (Speech Pathologist). Scope Victoria.
Dianne Welch. Director of Clinical Studies. School of Nursing. Deakin University, Victoria.
Deirdre Whitford. Associate Professor. H ead of Education. Spencer Gulf Rural H ealth
School. South Australia.
Linda Wilson. Coordinator Bachelor H ealth Science. School of H ealth and Social
Development. Deakin University. Victoria.
xviii
Acknowledgments
Thank you to Michelle Day (Occupational Therapist. Coordinator. Early Years Program
Bellarine Community H ealth Ltd. Victoria). J ennifer Pascoe (Occupational Therapist. World
Federation of Occupational Therapists) and Angela Russell (Student Coordinator and Special
Projects. Spencer Gulf Rural H ealth School. in partnership with Pika Wiya Health Service.
Port Augusta). who contributed to the first edition of the book.
The author and the publisher wish to thank the following copyright holders for reproduction
of their material.
British M edical Journal for extracts from Murray, S.. Kendall, M .. Boyd, K. Sheikh. A.
'I llness trajectories and palliative care'. 2005: Mapping Knowledge for Social Work Practice:
Critical Interactions. E Beddoe and J Maidment. Cengage Learning. 2009, pp 27-28: Davys &
Beddoe. (2010). Best Practice in Professional Supervision: A Guide for the Helping Professions.
J essica Kingsley Publishers. London and Philadelphia. Reproduced with permission of
J essica Kingsley Publishers: When caring is not enough. Examples of reflection in practice.
S Mann and T Ghaye, Quay Books. London. 2011. p78 www.quaybooks.co.uk: Making the
M ost of Field Placement (2nd edn). H Cleake & J Wilson. Thomson. 2007, South Melbourne.
pp 57-8: World H ealth Organization for The 5 moments for hand hygiene http://www.who.int/
gpsc/smay/background/smoments/en/index.html October 2012.
Every effort has been made to trace the original source of copyright material contained
in this book. The publisher will be pleased to hear from copyright holders to rectify any
errors or omissions.
Part 1
Issues for Practice
Chapter 1 Getting Ready for Placement 3
Chapter 2 The Th ree Rs: Roles, Rights and Responsi bil ities 1 3
Chapter 3 Becoming a Reflective Practitioner 3 1
Chapter 4 Models of Supervision 43
Chapter 5 Making the Most of You r Fieldwork Learni ng Opportu n ity 57
Chapter 6 Assessment of Clin ica l Learn i ng 70
Chapter 7 A Model for Alternative Fieldwork 83
Chapter 8 l nterprofessional Learning i n the Field: M u ltidisci p l i na ry Tea mwork 95
Chapter 9 Learn i ng from Fai l u re 1 1 5
Chapter 1 0 Using Digital Tech nology for Knowledge Transfer 1 28
Chapter 1 1 Fostering Partnerships with Action 1 46
Chapter 1 2 Supporti ng People's Decision-making 1 58
Chapter 1 3 Working i n Pal l iative Care 1 74
With the second ed ition we have put the broader issues relati ng to practice i n the fi rst
part of the book. By doing this you have a broader view of the context i n which cl i nical
fieldwork practice sits. In Part 1 we cover issues such as getting ready for placement, you r
role, rights a n d responsi bil ities, su pervision, assessment, fai l i ng placement, reflective and
eth ical practice and worki ng i n teams.
1
Clinical and Fieldwork Placement in the Health Professions 2nd Edition Karen Stagnitti
C HAPTER 1
Getti ng Ready fo r P l a ceme nt
Jane Maidment
LEARNING OUTCOM ES
After reading this cha pter you should be able to:
u nderstand the pu rpose and scope of work-integrated learn ing
be aware of the practical steps to take i n preparing for the fieldwork placement
analyse aspects of workplace l iteracy with reference to oneself and the tea m
raise self-awareness about bei ng a student on placement.
KEY TERMS
Emotional i ntel l igence (EI)
Experiential learn i ng
Fieldwork ed ucator
I NTRODUCTION
Fieldwork placement
Self-awareness
Self-regu lation
Work-integrated learn i ng
Workplace literacy
This chapter outlines a range of factors to consider before embarking on a fieldwork
placement. These considerations focus mainly on practical matters. and will be relevant to
you. regardless of your health-related discipline. Work-integrated Learning (WI L) has a long
and strong tradition in most health-related disciplines. Many seasoned health professionals
consider their past student fieldwork placement as the most significant and memorable
learning experience in their early careers. which shaped and radically influenced their style
of working. future career choices and identification with their chosen discipline. Engaging
with real clients in the context of a bona fide workplace brings a critical edge to learning that
cannot be captured in the classroom. Together. these factors create an exciting. dynamic
4 Part 1 Issues for Practice
and challenging milieu. In order to make the most of the Learning opportunities offered in
the field it is important to build a sound foundation from which to begin your fieldwork
placement. Understanding the scope and purpose of the fieldwork placement is the Logical
place to start.
SCOPE AN D PURPOSE O F WORK-I NTEG RATED LEARN I NG
The scope of the profess i o n
It may seem self-evident that the purpose of 'going out on placement' i s to Learn how to
practise one's discipline. Learning to practise. however. involves more than demonstrating
the technical skills associated with your discipline. such as conducting an intake assessment.
constructing a splint or charting a patient's medication. It entails:
discovering and articulating the connections between the theory you have Learnt in the
classroom and the client situations you encounter on fieldwork placement
developing greater awareness and analysis of your own professional values in situ. where
challenging ethical dilemmas can arise
Learning how interdisciplinary teamwork operates. and about ways in which you and
people from your discipline might contribute to the team in order to better serve the
client population.
As such. the specific competencies you are Likely to develop on placement
include interdisciplinary teamwork skills. ethical decision-making skills and enhanced
communication skills as well as Learning various forms of client and agency documentation.
The scope of work-integrated Learning is broad. and is influenced by the cultural norms
of the workplace. and complex in terms of incorporating a range of stakeholders.
Much has been written about this type of experiential Learning. Leading to a plethora
of terminology to describe the activities associated with work-integrated Learning. Stints of
structured Learning in the field have been variously described as clinical rounds. placement.
field education and the practicum. Similarly, the roles of those people primarily responsible
for facilitating the Learning of students in the field are referred to as 'preceptors' in nursing.
'field educators' in social work. 'fieldwork supervisors' in occupational therapy and 'clinical
supervisors' in other disciplines. While the names for the fieldwork placement and the
names given to your principal supervisor differ from discipline to discipline. the functions
of the fieldwork placement and the key people in the process remain the same: to provide
a milieu in which you can engage in authentic work-integrated Learning. with structured
professional guidance and supervision. In this context. the term 'fieldwork placement' is used
for placement or practicum. and 'fieldwork educator' is used for the person who directly
supervises you when you are at the placement.
There are a diverse range of agency settings in which you may be placed. including
Large hospital settings. community health and non-government organisations. The client
group you work with will be determined by the setting of your fieldwork placement. and
Chapter 1 Getting Ready for Placement 5
might include. but will not be limited to. older persons. mothers with babies. people with
mental health issues or those attending rehabilitation. Throughout your degree program
you will have opportunities to learn about and experience work in a variety of settings.
The duration of a fieldwork placement can vary, and may include individual days in
an agency. blocks of several weeks in full-time or part-time work. or year-long internships.
Student fieldwork placement opportunities usually increase in length and intensity over
the course of a degree program. with many prescribing regulations for the numbers of
days and hours that must be completed. These guidelines are set down by professional
accreditation bodies such as the Australian Association of Social Work. the Australian
Nursing and Midwifery Council, the World Federation of Occupational Therapy and the
World Confederation of Physical Therapists. In Chapter 11 you will be able to read more
about the significant role of professional associations in providing governance and regulation
influencing health education and practice.
THINK AND LINK
You are gai n i ng the knowledge and learn i ng the skills to become a member of
you r profession. Chapters 2 and 1 1 d iscuss you r role and responsi bilities and how
professional associations, u n iversities and government work together to enable you to
take part in fieldwork education.
While you may have entered the program with the goal of working in a specific field such
as disability or mental health. it is important to be open to the professional opportunities
that can be generated in all settings. Frequently after having been on placement. students
become passionate about working in fields they had not previously thought about. It is
important not to hold tight to preconceived ideas about a specific place or client group you
want to work with until you have finished your degree. I f you are placed in an agency that
differs from your preferred choice (which happens frequently), demonstrating annoyance
or lack of interest will have a negative impact upon your engagement with the staff and
clients in that agency. This standpoint can also lead to you becoming less open to exciting
alternative learning and career possibilities.
Wherever you go on placement. paying attention to planning and organising is the
key to successful completion. Research on problems experienced by students on fieldwork
placement identifies common stressors that can be addressed with some forward planning.
These include issues such as financial constraints. managing child care. travel arrangements
and attending to personal safety (Maidment 2003).
G ETTI NG READY
Planning for the placement begins well before your actual start date. Table 1.1 lists a series
of factors to consider. and strategies that past students have utilised.
Jane Maidment
6 Part 1 Issues for Practice
Table 1.1: Planning and organising for placement
Pre-placement planning and organisation
Finances
Program administration
Police checks
Working with children
check
Child care
Travel
Dress code
Placement interviews
Being out on placement i ncurs additional costs. Sta rt budgeting early
for travel to and from you r placement, purchase of work-appropriate
cloth ing, any req u i red equ i pment or books, add itional child care
expenses, accommodation and depleted wages if you need to cut
back on paid work hours. Some students apply for bank loans to
cover extra costs d u ring this time.
All programs orga n ising fieldwork placements req u i re you to complete
a set of paperwork beforehand. Ensure that you submit this material
to the field coord i nator by the dates req u i red and that you attend any
i nformation sessions offered by the i nstitution.
Most institutions req u i re students to prod uce a police check at the
time of i nterview or on the start date. These can take several weeks
to process. Make an appl ication for a pol ice check wel l in advance
of begi n n i ng you r placement. A police check must be completed for
each cu rrent year of you r cou rse.
Most states now a lso req u i re students to provide a working with
children check before placement with m i nors. These checks also ta ke
some time to process, so begi n the process at least two months before
you r placement begi ns.
Students with children frequently need to find additional ch i ld care
while on placement. Discuss this need wel l i n advance with you r fam i ly
mem bers, loca l child care centre and other potential mi nders. You may
need to use after-school care or employ a caregiver in your home.
T h i n k a bout how you will get to you r placement, whether by car, ca r
pooli ng, public transport or bike. Plan you r route from home to the
placement agency if you are trave l l i ng to an u nfa m i l ia r location, and
a l low for extra time on the fi rst day.
Find out if there is a prescri bed agency d ress code or u n iform you
a re expected to wear on placement. Sta ndard of d ress in an agency
setting is l i kely to be more formal than the casual clothes you would
wear to u n iversity.
Some fieldwork placement programs req u i re students to attend an
i nterview before begin n i ng. Prepare a curricu l u m vitae to take with you.
Ensu re you a lso take you r d river's licence, police check and working
with children check. Before attending an i nterview make sure you know
the location of the agency, and familiarise yourself with the work of
the agency on the I nternet or by requesting i nformation to be sent by
post. Have some ideas about what you are wanti ng to learn during the
placement, and prepare some questions to ask at the i nterview.
If you do not need to have an i nterview, but a re sim ply given
a start date, make contact with you r fieldwork educator over the
telephone to i ntrod uce you rself before you begi n. Be i nformed a bout
the pu rpose of the agency and the scope of the work before you start.
Chapter 1 Getting Ready for Placement
Table 1.2 outlines matters you need to familiarise yourself with during your first week
on placement.
Table 1.2 : First week: Planning and organisation
Agency administration During the fi rst week on placement students freq uently need to com plete
agency confidential ity contracts, provide personal I D to col lect and
sign for keys or building secu rity ca rds, be suppl ied with a computer
password or security code, learn the systems for car and room bookings,
and become i nformed a bout office procedu re for record ing you r
whereabouts d u ring the day.
Safety Most agencies have pol icies and procedu res to add ress personal and
occu pational safety i n the workplace. Ask to read these and discuss
safety processes associated with office appoi ntments and home visits
with you r fieldwork educator d u ring the fi rst week.
Orientation
First client contact
It is usual to have an orientation phase to the physica l surroundi ngs and
the work of the agency, and to meet you r new col leagues. By the end of
the fi rst few days in the agency you should know where you can leave
you r personal belongi ngs, use desk space and who to approach when
you have questions or issues to add ress. Ask what people normal ly do
at l u nchti me and how long you have for th is break. As the placement
progresses you will conti nue with you r orientation to the field of practice
and organ isational policy, and lea rn agency information record ing and
storage procedu res.
It is usual at the begi n n i ng of a placement to spend som e ti me observing
you r su pervisor or other practitioners worki ng with clients. I n order to
prepare for this observation it is helpfu l to have read the client file and
spoken with the fieldwork educator a bout particular poi nts to look out
for d u ring you r observation. Debriefi ng with the fieldwork ed ucator after
these cl ient sessions is the time to ask q u estions, and discuss ideas.
Havi ng observed a n u m ber of sessions, you may then often work with an
experienced practitioner. Students in thei r final years of tra i n i ng ca n be
expected to work relatively i ndependently with clients, while conti n u i ng to
receive professional su pervision.
Once you arrive at the agency to begin your fieldwork placement. it is important from
the outset to demonstrate your workplace literacy.
WORKPLACE LITERACY
Traditionally. the term workplace literacy has been adopted to describe 'the written and
spoken language. math [maths] and thinking skills that workers and trainees use to perform
job tasks or training' (Askov et al. 1989. cited in O'Conner 1993: 196). I n this discussion the
notion of workplace literacy is broadened. and defined as being the sets of skills. attitudes
and behaviours required to practise competently in the field. This definition incorporates
the spectrum of attributes that have been written about extensively under the umbrella
Jane Maidment
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other description, was avowedly to be excluded, nor was any
proposition to this effect deemed worthy of even a moment's
consideration. The measure proposed, however, interested in a very
particular manner that part of the community he had the honor to
represent. They paid, it was true, a small portion of the internal
taxes, but the various other taxes upon salt, brown sugar, coffee,
&c., and the duties on imposts generally, fell more immediately and
far more heavily on them. Was it not natural, therefore, that he
should have some hesitation on the subject; that he should feel
anxious to see this project thoroughly and completely investigated;
that he should wish to receive every possible information which
might either tend to satisfy his mind as to the expediency of
repealing the internal taxes only, to the total exclusion of all others,
or enable him to propose some other project, equally beneficial
perhaps to the public at large, and which might at the same time
accord better with the immediate interests of his constituents?
His constituents, he was proud to say it, had ever contributed with
alacrity and cheerfulness to the wants and exigencies of the Union.
They were prepared and willing, he was confident, to do so still; and
he made not the least doubt but that they would readily subscribe to
the exclusive repeal of the internal taxes, and submit, without a
murmur, to the continuation of all the other taxes, however
burdensome to themselves, provided they are convinced and well
satisfied that this measure was fairly and impartially adopted for the
welfare of the whole, and not for the benefit of the one at the
expense of the other division of the country. It was for this purpose,
therefore, that he wished the present motion to be adopted, and
that he had desired the attention of the Committee of Ways and
Means to be directed, particularly, to those articles of importation
and of general use and necessity, such as salt, sugar, coffee,
common teas, &c. He was desirous that these and similar items
should be compared with the carriage tax, the tax on licenses to
retail spirituous liquors, and various other similar items of the
internal taxes, and that the House might be furnished with such
information with respect to both, as might enable him to judge,
whether there might not be a partial repeal as well of some of the
external as internal taxes, and not a total and exclusive reduction of
the latter, as was contemplated; whilst all the former, however
grievous and inconvenient, were to be retained. Did he then ask any
thing which was unreasonable or improper? Could any possible
inconvenience accrue from allowing him to obtain the information he
desired? If not, why refuse to indulge him in what he deemed
useful, and what (at the worst) could only be regarded by gentlemen
themselves as superfluous information? Was it fair; was it becoming;
did it comport with that civility and politeness which was due from
the one to the other, by citizens of a common country, assembled
together for the express purpose of consulting upon their common
interests, to treat thus cavalierly what must at least be allowed to be
a respectable minority?
With respect to the two only reasons which had ever been offered in
favor of the exclusive repeal of the internal tax, viz: the expense and
number of officers required to collect it, was it not the immediate
and precise object of the resolution under debate to inquire whether
it was not possible to devise some means by which these
inconveniences might be obviated, or at least greatly lessened? And
what objection could there be to the inquiry? Were gentlemen
perfectly and entirely convinced that nothing of the kind could be
done, or were they apprehensive that the thing was in itself so
feasible, that an inquiry of this kind would throw a stumbling-block
in the way of the project already determined on, which although he
would freely acknowledge, that as an abstract proposition it was
expedient as much as possible, and to collect your taxes at as small
an expense, and by means of as few agents as conveniently could
be done, yet there was another still more important maxim which
ought never to be lost sight of: this was, that the burdens of the
Government, as well as the advantages which flowed from it, should
be fairly, equally, impartially, and equitably distributed among every
description of the citizens, in whatever part of the country they
resided. If, therefore, it did happen, that a few more officers and a
somewhat greater percentage were required to collect the taxes in
one than in another part of the country, this alone would most
certainly and indubitably not be a sufficient reason to do away all the
taxes in the one, and throw the whole burden of the Government on
the inhabitants of the other.
Mr. Rutledge confessed himself much puzzled by the new forms of
proceeding this day adopted. Ever since he had had the honor of a
seat in Congress, it had been invariably the practice, when measures
were proposed not agreeable to the majority, for them to offer their
objections to them. This had ever been the practice, and the
experience of its convenience offered strong reasons for its
continuance. When the majority stated their objections to any
measure, the minority in sustaining it answered them fully; thus,
both sides acted understandingly, and when the proceedings of the
National Legislature went out to the people, they were at the same
time informed of the reasons under which their Representatives had
legislated. This had not only been the usage in Congress, but the
form of proceeding in all representative bodies with whose history
we are acquainted. Even in the British House of Commons, which
gentlemen had often and emphatically styled a mockery of
representation, so great is the respect paid to public opinion, that
the majority deem it their duty to assign in debate the reasons of
their conduct. Although the Minister in England has quite as much
confidence in the strength of his majority as gentlemen here can
have in theirs, yet, in feeling power, he does not forget right, and his
regard for public opinion is so great, that he never secures his
measures by a silent vote. In these days of innovation, we, it seems,
are to pursue a different course. When the resolution offered this
morning by his honorable friend from New York (Mr. Morris) was
taken into consideration, not a voice was raised against it. This
profound silence made us expect a unanimous vote; but, in
consequence, he supposed, of some outdoor arrangements, it was
rejected by this silent majority. He had seen many deliberative
assemblies, but never before witnessed such a procedure. He would
not say whether this was respectful towards the minority, who, we
have been told from high authority, have their equal rights—he
would not say whether it was dignified as it regarded the majority,
but, without pretending to any spirit of prophecy, he would venture
to say it could not be deemed politic or wise by the people of this
country.
When the doors of Congress were open, and persons admitted to
take the debates, the people expected to be fully informed of the
views and motives which governed the votes of their
Representatives. But it seems our constituents are not to be treated
with this heretofore common civility. In proposing measures we are
obliged to guess at what gentlemen feel against them, (for they say
nothing,) and to defend them, without knowing in what they are
objectionable to those who govern in this House. This kind of
governing is but ill calculated to produce harmony, to restore social
intercourse, and to heal the wounds inflicted on society by the spirit
of party.
The question was taken, and it passed in the negative—yeas 37,
nays 57.
Duties on Imports.
Mr. Rutledge called up for consideration the resolution which he
moved on Friday, on which the previous question was then taken,
viz:
"Resolved, That the Committee of Ways and Means be instructed
particularly to inquire into the expediency of reducing the duties on
brown sugar, coffee, and bohea tea."
Mr. Griswold hoped the resolution would be decided upon.
Mr. Rutledge hoped the reference would obtain. These articles paid
the highest rate of duties and were of the first necessity. In looking
over the rates of duties on imports, he saw many articles that were
taxed enormously high. Those in the resolution were of the first
necessity, the duty high, and laid when they were at war prices;
while the people received war prices for their produce, they could
with convenience pay for these articles, though high. The object of
the resolution was merely to inquire, and he did not see how it could
interfere with any object gentlemen have in view.
Mr. Dana.—I beg liberty to tender the homage of my profound
respects, for the dignified situation in which gentlemen have now
placed themselves, and congratulate them on their silence. There is
something peculiarly impressive in this mode of opposing every thing
that is urged. It is seldom that gentlemen have exhibited such a
remarkable appearance of a philosophical assembly.
"That dumb Legislature will immortalize your name"—is said to have
been the language of a certain distinguished General to a certain
nominal Abbé, who has been represented as having pigeon-holes full
of constitutions of his own making. During the memorable night at
St. Cloud, when the French Council of Ancients, and Council of Five
Hundred, were adjourned—to meet no more—it may be recollected,
the powers of executive government were provisionally committed to
three persons, styled Consuls, and two of them were the General
and the Abbé. From each of the Councils, twenty-five members were
selected, to compose a commission, and assist the provisional
Consuls in preparing a constitution for France. Of the numerous
projects of constitutions presented by the Abbé, it is said no part
was finally adopted except the plan of a dumb Legislature. This, the
General instantly seized with apparent enthusiasm, exclaiming to the
Abbé, "that dumb Legislature will immortalize your name!" And it
was determined to have a corps legislatif that should vote, but not
debate.
It was scarcely to be expected that any thing like this would soon
take place in our own country. But it is the prerogative of great
geniuses, when in similar circumstances, to arrive at the same great
results, although with some difference in the process. Nor can I
forbear offering my tribute of admiration, for the genius who has
projected a mode of proceeding among us, that so nearly rivals the
plan adopted in France. I know not to whom is due the honor of this
luminous discovery. After ascribing to him, however, all merited
glory, permit me to examine the force of the argument relied on by
gentlemen in opposition to the proposed resolution.
Their argument is silence. I hope to be excused if I do not discuss
this subject in the most satisfactory manner; as silence is a new
species of logic, about which no directions have been found in any
treatise on logic that I have ever seen. It will be my endeavor to
reply to gentlemen by examining some points which may be
considered as involved in their dumb arguments.
One of these points is—that certain members of this House have
pledged themselves to their constituents, for repealing all the
internal taxes. They may have declared their opinions to this effect,
before the election; and, being chosen under such circumstances,
may now deem themselves bound in honor not to vary. The terms
assented to between their constituents and themselves may,
therefore, be viewed by them as the particular rule of their own
conduct. But is this House to be regarded in the same light with the
English House of Commons, during the early period of their history,
when the knights of shires, and the representatives of cities and
boroughs, were instructed on what terms they should bargain with
the Crown for special privileges, and were limited to the price agreed
on by their constituents? The situation of gentlemen who have thus
pledged themselves to vote for repealing the internal taxes, must be
irksome, indeed, if on mature consideration they should believe it
more proper and more beneficial for the country to have other taxes
reduced. Those who have entered into a stipulation of this sort, so
as to feel it as a point of honor, are so peculiarly circumstanced that
they might think it too assuming in me, were I so much as to
express a desire that they would vote for reducing some of the
duties on imports, instead of repealing all the internal taxes. It is to
be hoped, the number of members who have pledged themselves in
this manner, does not exceed twenty-five or thirty.
Another point involved in this argument of silence is, that other
gentlemen may have pledged themselves to these, and given them a
promise of support on this subject. It must be acknowledged that
this was more than was required on account of their seat in this
House. If any gentlemen have absolutely so pledged themselves to
their constituents, it must indeed be difficult to convince them. On
this point, their minds must be so differently constituted from mine,
that there does not seem to be any common principle between us
that can be assumed as the basis of argumentation.
Another point is, the Executive has recommended a repeal of all the
internal taxes, and not any reduction of the impost. And will
gentlemen act upon this as a sufficient reason for their conduct? Is it
now to become a principle, that the Executive is to deliberate, and
the Legislature to act, and that no measure is to be adopted unless
proposed by the Executive? Would it not be better for the country to
abolish this House, and to avoid useless expense, if it is to be
nothing more than one of the ancient Parliaments of France,
employed to register the edicts of a master?
The silence of the gentlemen may also be considered as having
relation to their great desire for the harmony of social intercourse.
To prevent its being disturbed in the House by debating, they may
have come to a determination that all the great questions shall be
settled by gentlemen of a certain description, when met in nocturnal
conclave, and be only voted upon in this place. If such be the fact, it
seems but reasonable that any of the members of this House should
be admitted in meetings of the conclave, as delegates from the
territorial districts are admitted into Congress, with a right to debate,
although not to vote. If, however, this is thought too much,
gentlemen should at least have galleries provided, so that other
members of the Legislature might be admitted as spectators, and
have the opportunity of knowing the reasons for public measures.
The question was called for, when Mr. Eustis begged the Speaker
would state it, as, in listening to the arguments of the gentleman
from Connecticut, he had forgotten it.
Mr. Rutledge said he was much pleased by the question of the
honorable gentleman from Massachusetts. When gentlemen ask,
What is the question? it is to be hoped that they will respect its
merits; but, from the scene this day acted, he had learned that the
only inquiry with gentlemen would be, from what side does this
come?
The question was then taken by yeas and nays, and lost—yeas 35,
nays 58.
Tuesday, January 26.
Territorial Government for the District of Columbia.
Mr. Sprigg reported a bill for the government of the Territory of
Columbia.
[The bill establishes a Legislature, chosen by the taxable citizens of
the United States one year resident in the Territory, composed of a
House of Representatives, to consist of twenty-five members, seven
whereof to be chosen by the district of Rock Creek, seven from the
part west of Rock Creek, and eleven by the county of Alexandria.
The Governor to be appointed by the President of the United States.
The Territory to pay the Legislature, and the United States the
Governor. The judges to hold their offices during life, unless removed
by the President on the application of two successive Legislatures.]
Referred to the Committee of the whole House on Tuesday next.
A memorial and remonstrances of sundry inhabitants of the county
and town of Alexandria, in the District of Columbia, was presented to
the House and read, praying that Congress will not agree to any
plan, or pass any bill respecting the government of the said District,
which shall, by the establishment of a subordinate Legislative or
subordinate Executive, or otherwise, tend to unite under its power,
the two parts of the district, as separated by the river Potomac.—
Referred to the Committee of the whole House last appointed.
Thursday, January 28.
Lieutenant Sterret, his Officers and Crew.
The House resolved itself into a Committee of the Whole on the
report of a select committee of the nineteenth instant, on the
resolutions of the Senate, in the form of joint resolutions of the two
Houses, "in respect to Lieutenant Sterret, the officers, and crew of
the United States' schooner Enterprise;" to which Committee of the
whole House were also referred the said resolutions of the Senate;
and, after some time spent therein, the Speaker resumed the chair,
and Mr. Davis reported that the committee had had the said report
and resolutions under consideration, and directed him to repeat to
the House their disagreement to the said resolutions of the Senate,
and their agreement to two resolutions contained in the report of the
select committee thereupon, in the form of joint resolutions of the
two Houses; which he delivered in at the Clerk's table.
The House then proceeded to consider the said report and
resolutions: Whereupon, the resolutions of the Senate, to which the
Committee of the whole House reported their disagreement, being
twice read at the Clerk's table, in the words following, to wit:
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That, as a testimony of
the high sense they entertain of the nautical skill and gallant conduct
of Lieutenant Andrew Sterret, commander of the United States'
schooner Enterprise, manifested in an engagement with, and in the
capture of, a Tripolitan corsair, of superior force, in the
Mediterranean Sea, fitted out by the Bey of that Regency to harass
the trade, capture the vessels, and enslave the citizens, of these
States, the President of the United States be requested to present
Lieutenant Sterret with a gold medal, with such suitable devices
thereon, as he shall deem proper, and emblematic of that heroic
action, and the mercy extended to a barbarous enemy, who three
times struck his colors twice, and recommenced hostilities: an act of
humanity, however unmerited, highly honorable to the American flag
and nation; and that the President of the United States be also
requested to present to each of the Lieutenants, Porter and Lawson,
of the Navy, and Lieutenant Lane of the Marines, who were serving
on board the Enterprise in the engagement, and contributed, by
their gallant conduct, to the success of the day, a sword, with such
suitable devices as the President may deem fit.
"Be it further resolved, In consideration of the intrepid behavior of
the crew of the Enterprise, under the orders of their gallant
commander, and their receiving no prize money, the corsair being
dismantled and released after her capture, that one month's pay,
over and above the usual allowance, be paid to all the other officers,
sailors, and marines, who were actually on board and engaged in
that action; for the expenditure of which charge Congress will make
the necessary appropriation."
The question was taken that the House do concur with the
Committee of the whole House in their disagreement to the same,
and resolved in the affirmative.
The resolutions contained in the report of the select committee, to
which the Committee of the whole House reported their agreement,
being twice read, in the words following, to wit:
"Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That they entertain a high
sense of the gallant conduct of Lieutenant Sterret, and the other
officers, seamen, and marines, on board the schooner Enterprise, in
the capture of a Tripolitan corsair, of fourteen guns and eighty men.
"Resolved, That the President of the United States be requested to
present to Lieutenant Sterret a sword, commemorative of the
aforesaid heroic action; and that one month's extra pay be allowed
to all the other officers, seamen, and marines, who were on board
the Enterprise when the aforesaid action took place."
The question was taken that the House do concur with the
Committee of the whole House in their agreement to the same, and
resolved in the affirmative.
Ordered, That the said resolutions be engrossed, and read the third
time to-morrow.
Monday, February 8.
Imprisonment for Debt.
Mr. Smilie called up his resolution that a committee be appointed to
revise the laws respecting imprisonment for debts due the United
States. His objects, he said, were two; to secure the debtor's
property, and to inflict some penalty or provide some remedy instead
of imprisonment for life.
Mr. Rutledge was opposed to imprisonment for life, where the debtor
gave up his whole property, and was unable to pay all. He had
known, in South Carolina, revenue officers imprisoned for debts due
the United States, who had been many years confined; men of good
character, men of honesty, but who, through ignorance of
transacting certain business, or their misfortunes, were unable to
pay. He knew an individual of that State who had applied to that
House for relief; his petition was referred to the Secretary of the
Treasury; the Secretary felt a delicacy in interfering in the case; the
petition was not granted; and the person had now been in jail five
years, though his inability to pay did not arise from having wasted
the public money, or from aught but misfortune; for he was
acknowledged to be a man of good character. He was averse to such
cruelty. Hence the necessity of making some provision that the
innocent, when distinctions can, as in most instances, be made, may
not be subjected to cruel punishments, that were of no benefit to
the United States. Why send him to jail? Why lock him up there?
Why prevent his being able to support his family?
Mr. Smilie.—It is the case that when you exceed in making your laws
what is reasonable, those laws, as the present concerning debtors to
the United States, will not be executed. The present law cannot be
put in execution. He wished some sufficient penalty. This was not
the proper stage to give his sentiments; were it, he should say, he
thought the defaulter ought to give up the property, and perhaps be
imprisoned a period. But the Legislature are not the proper judges,
and ought not to interfere; the Legislative and Judicial Departments
should be kept separate. We want some uniform law, operating on
all according to their demerit.
The subject was postponed till to-morrow.
Friday, February 12.
State Balances.
Mr. Thomas called up his motion respecting State Balances, which is
as follows:
"Resolved, That a committee be appointed to inquire into the
expediency of extinguishing the claims of the United States for
certain balances, which, by the Commissioners appointed to settle
the accounts between the United States and the individual States,
were reported to be due from several of the States to the United
States, and that the said committee have leave to report by bill or
otherwise."
Mr. Bayard hoped the resolution would prevail. The debtor States, not
satisfied with the settlement made by the Board of Commissioners,
had asked for information respecting the grounds on which it had
been made. The information had been imperiously refused. In his
opinion it was but right, if the debtor States did not dispute the
validity of the debts due to the creditor States, that they should
agree to expunge the claims against the debtor States. Indeed, he
had been assured that the commission was not instituted with a
view of sustaining any charges against the debtor States, but for
ascertaining the amount due to the creditor States, and funding
them; and he believed it had been so understood at the time. This
was an affair not determinable by the ordinary rules applied to
individual cases. Many of the States, not expecting a settlement, had
kept no accounts or vouchers; and however great the supplies they
contributed under such circumstances, they received no credits for
them; while those States which had been most careful in the
preservation of vouchers, shared a different and a better fate.
Mr. B. believed it was the true policy of the creditor States to agree
to the extinguishment of these balances. He believed they never
could be paid, because no State allowed them to be due. They
would not, therefore, be paid voluntarily; and he knew of no force in
the United States to compel payment. Why, then, keep up a source
of irritation, which could do no possible good, and which could only
tend to repel some States from that constitution, which we all ought
to endeavor to make the object of general affection?
Mr. Southard said, he had yet heard no reason that convinced him
that the resolution offered was just or proper. It would be recollected
that this contract was made under the confederation. In the
establishment of our independence, great and various exertions had
been made. In the contributions made, great inequalities took place,
which were unavoidable. Generally, where the war existed, the
States became creditor States. It was just that those States which
had contributed more than their share should be repaid, and that
those who had paid less should make up the deficiency. If the debtor
States were not to pay their balances, why settle the accounts? To
relinquish the payment would be, in his opinion, not only unjust but
unconstitutional. The constitution says, "All debts contracted, and
engagements entered into, before the adoption of this constitution,
shall be as valid against the United States, under this constitution as
under the Confederation;" and the present Government had
recognized those debts as just. The gentleman from Delaware says,
the settlement is not just. But this was barely the suggestion of his
own mind. To sustain it, he ought to have shown its defects; but this
he had not done.
Mr. Mitchill was in favor of the resolution, as he believed a refusal to
adopt it would be attended with unpleasant sensations. He judged
so from an historical review of the business. The several States had
associated together for their common defence, and, in the eye of
equity, whatever that defence required, should constitute a common
charge. The accounts of expenses thus incurred were not settled till
the new Government was established. That Government fixed the
mode of settlement; it appointed a board of referees, to report the
debts and credits of the respective States. In this report, it was the
fortune of certain States, notwithstanding the greatness of their
contributions, to be reported debtor States. These States became
debtors from the independent spirit with which they asserted their
sovereign rights. Not relying on the general contributions, they
furnished great supplies without making any charge to the Union; by
exerting all their strength, they paid as they went, and preserved no
vouchers of what they paid. This, he averred, was the case as to the
State which he had the honor in part to represent; a State as willing
as able to contribute, and which did contribute to a great extent; but
which had neglected to preserve her vouchers, the preservation of
which would have made her a creditor State. He believed, therefore,
that in equity, the States were not bound to pay these balances. But
to this it is replied, the award is final. He would not agree to that; he
denied it. Besides, there was a want of coercive power in the United
States to enforce those demands. From this consideration alone, we
ought to proceed with lenity, and endeavor to make the settlement a
peaceable one. As in other circumstances, we ought to make a
virtue of necessity.
Mr. S. Smith said, he did not rise to take any part in the debate, but
in order to bring the subject directly before the committee. To do
which, he moved so to amend the resolution as to make it read,
"Resolved, That it is expedient to extinguish the claims," &c.
Mr. Lowndes hoped the amendment would not be agreed to. He did
not see the expediency of volunteering a relinquishment of the
claims established against several of the States. The amendment
was calculated to take the committee by surprise. The original
resolution went merely to consider the expediency of a
relinquishment; the amendment involved the principle itself.
Mr. Hill was desirous the amendment should not be made, not from
any indisposition himself to agree to it, but from a regard to the
sentiments of other gentlemen. Even if it was ascertained that these
debts had arisen on a just consideration, yet, in his opinion, they
ought to be extinguished, from the principle that, in our
Government, whatever hazarded the harmony of the Union, ought to
be avoided. Precedents were not wanting in which sacrifices were
made to this principle. He alluded to the quieting the claims under
Connecticut rights. But, whatever might be the general ideas on this
subject elsewhere, he knew not a man in North Carolina, who did
not believe the adjustment iniquitous. To show the committee how
the citizens of that State felt, he would state a case that had
occurred before the Board of Commissioners. Two claims had been
made, both for the same amount and the same description of
supplies, one on one side and one on the other side, of Pedee River;
one in North, and the other in South Carolina; and, in one case,
seven shillings had been allowed, and in the other, only sixpence for
the bushel of wheat. The business generally was entitled to the
attention of Congress. It had, in fact, already been attended to at
different times. New York had extinguished eight hundred thousand
dollars of her balance under certain provisions applied to her case.
Mr. Bacon said, if the object of the motion was to go into a new
liquidation of the old accounts between the United States and the
several States, it would not only take up every day of the present
session, but the work would be left unfinished for our successors.
These debts had been incurred in a common cause, in which each
State was equally interested, and towards which each State was
bound equally to contribute. When Congress made requisitions on
this principle, they were accompanied by a promise that there should
be a final liquidation. This liquidation was made; the settlement was
complete. But this settlement is now objected to, and what is to be
done? Why we must annul the contract. This might satisfy some of
the States, but he was sure it would dissatisfy others. He saw,
therefore, no end to be answered by the motion. We must either set
aside all that had been done, and begin de novo, to which this body
is incompetent, or rest satisfied with what is already done.
Mr. R. Williams observed, that since he had held a seat in the House,
this subject had been almost every session called up. The more he
had heard it discussed, the more he became convinced of the
necessity of getting it out of the way. He found that whenever it was
brought up, all was imagination. One State contended that it had
contributed largely, and another, that its exertions had not been
surpassed.
We are asked, why relinquish these balances before we are solicited
by the States? He would reply that North Carolina never had
recognized the debt, and, in his opinion, never would apply for its
extinguishment. He was in favor of the amendment, because the
principle ought to be decided here, and not in a select committee.
What, indeed, could such committee report? There were no
vouchers or books whereon the settlement had been made to be got
at. All they could do, then, would be to report the balances alleged
to be due, which any member could at any time learn.
It seemed almost useless to go into arguments to show the injustice
of the claim, and of consequence, the justice of the resolution. It
had been justly said, that those States which had contributed the
most, had, by the report of the Commissioners, the most to pay; and
this was peculiarly so with the State of North Carolina.
Mr. W. had forborne to dwell on the injustice of these demands. But
were he to enter on that branch of the discussion, he should say
that the very act of destroying all the vouchers was of itself sufficient
to justify any suspicion. He should say, that for what, in some
States, there had been an allowance of one hundred pounds, North
Carolina had not been allowed twenty shillings. Could, then,
gentlemen talk of moral obligation, and say that this was a just
debt?
Mr. T. Morris said, it was contended that the accounts should be
opened anew and re-examined. The fears, therefore, of the
gentleman from Massachusetts, were entirely visionary. The
resolution was a simple one. It proposes to inquire into the
expediency of doing away these debts. The amendment goes to
determine the principle here. He thought it proper the principle
should be settled here. But gentlemen say they want information. If
so, after the amendment is agreed to, they may move for a
postponement. If the amendment were carried, he would himself
move a postponement.
It had been said that New York had had eight hundred thousand
dollars of her debt remitted by the United States. But how did the
case really stand? New York had availed herself of the act of
Congress, not because she acknowledged the debt to be just, but
because she preferred doing something to remaining in the situation
towards the United States in which she stood. It was strange, then,
to hear gentlemen say that New York had been favored. What was
the fact? North Carolina, according to the gentleman, had not, and
would not, pay one cent; and New York had discharged a greater
sum than was due by all the other debtor States, with the exception
of Delaware. She was, therefore, instead of being favored, placed in
a worse situation than any other State. It was from the existence of
this state of things that he wished a final decision to be made this
session. New York having agreed to make certain payments to the
United States, it was important to her to know whether the United
States meant to enforce payment by the other States. Her situation
would be truly unfortunate, if after agreeing to pay, the United
States suffered her claims against the other States to sleep. She
would not only have to pay her quota of the debts, but would see no
prospect of deriving her share of benefit from the payments of the
other debtor States.
Mr. Macon said the subject was a very old one, which had occupied
much time every session for many years, and he thought it would be
as well to try the question now as at any other time. No information
of a select committee could throw any new light upon it.
There was a fact which ought to have great weight with the
committee. One of the Commissioners who made the settlement,
who was a member of this House, had, after the settlement,
proposed a resolution to extinguish the balances of the debtor
States; and he had stated, as a reason for this measure, that the
principle adopted by the board had operated very harshly upon
particular States. Mr. M. had it from authority not to be questioned,
that in the settlement by the Commissioners, teams, with the usual
number of horses, had not produced twenty shillings.
This subject had hung over our heads for eight years, and no
scheme was yet devised for collecting the balances. How could they
be collected? Congress had, it is true, authorized expenditures by
the States in the erection of fortifications; but this very act was a
tacit confession of the impracticability of getting the money into the
public Treasury. As to a settlement with North Carolina, it was
involved in great difficulty. In the act of cession of lands by that
State to the United States, it was provided that the territory ceded
should be pledged to pay a proportional share of the balance due
the United States. How could that share be estimated?
Mr. M. regretted that this subject had been brought up. He should
not himself have been for bringing it up, for he thought the claims of
the United States not worth a rush. The truth was, the States had all
exerted themselves in one great and common cause; they had done
their best; they had acted with great glory. As to the State which he
represented, he would ask if the first blood that had been spilled
after that shed at Boston was not in North Carolina? and that was
the blood of brother against brother. He desired not, however, to
make comparisons, which were always unpleasant, but to show that
North Carolina had no reason to shrink from an inquiry which would
demonstrate that she had fully contributed her share in the common
cause, without meaning to assert that she had done more than other
States. Let, then, Congress decide at once, and abandon the claims
altogether, or devise some plan for collecting them, that we may
know how we stand.
Mr. Dana said, I hope the amendment will not be agreed to. However
gentlemen may be possessed of a wholesale intellect, that enables
them to decide on interesting questions without a moment's
reflection, I confess I am not blessed with so happy an intuition. I do
not know that I have ever been called upon to form an opinion on
this subject. As to a reference of it to a committee, I think their
investigation may be useful, and after we get that, we may take time
to decide. But now the plan is changed, and we are called upon to
decide at once the principle. This mode of transacting business may
be called an economy of time. You may give it the name, but it is
not the substance. For my part, I desire to proceed according to our
old plan, and go through the slow process of investigation. This is
my way, and gentlemen may rest assured that this mode of hurrying
business is not the way to save time, but to lose it.
Mr. Bayard declared himself in favor of the amendment, and he could
not think, notwithstanding the remarks of his honorable friend from
Connecticut, that any gentleman in the House was unprepared to
vote upon it. The subject had been frequently discussed, and he
believed that the House was then as well prepared for a decision as
they would be for a century to come. It involved but a single
principle; and, as to information, he could scarcely tell what
information was wanted. He felt much of the indifference of the
gentleman from North Carolina, (Mr. Macon.) He was sure the United
States had neither the right, nor the power to recover these
balances; and he repeated it as his opinion, that it had not been the
original intention that the debtor States should pay them. Will
gentlemen recollect that the commission was instituted under the
old Confederation. Had Congress, then, a right to do any thing to
bind the sovereignties of the independent States? All they could do
was to pass resolutions making requisitions, which the States might
or might not comply with. They could appoint Commissioners to
settle the accounts, but could they impose the debts upon the
States? No, they could not. It, therefore, never could have been
contemplated that they would establish those debts. The only effect
that could have been contemplated, was, that the creditor States
might rely that, on a settlement, Congress would assume their
balances.
On the question being put, the amendment was lost—yeas 41, nays
46.
When the original resolution for referring to a select committee the
consideration of the expediency of extinguishing the balances was
carried.
Ordered, That Mr. Thomas, Mr. Bayard, Mr. Dana, Mr. Hill, and Mr.
Butler, be appointed a committee, pursuant to the said resolution.
And the House adjourned.
Tuesday, February 16.
Judiciary System.
The House then went into Committee of the Whole on the Judiciary
bill from the Senate.[66]
Mr. Henderson.—I should not rise to offer my opinion on the great
question before the committee, were I not placed in a situation
different from that in which I have been since I have had the honor
of a seat in this House. The Legislature of the State of North
Carolina, one of whose representatives I am on this floor, have seen
proper to instruct their Senators and to recommend to their
Representatives in Congress, to use their exertions to procure a
repeal of the law passed the last session of Congress, for the more
convenient organization of the Courts of the United States, and the
bill on your table has for its object the repeal of this law, and as I
shall probably vote against its passage, a decent respect for the
opinions of those who have framed and sent forward those
resolutions, demands that I should give the reasons which influence
my conduct.
The people of America have obtained and established that the
powers of Government shall be vested in three great departments;
the Legislative, the Executive, and the Judicial. They have said that
there shall be a House of Representatives, the members of which
shall be chosen by the people of the several States every second
year. Though this House is composed of members chosen by the
people immediately; though they can have no other interest than the
great community from which they were sent; though they must
return to the common mass in the short period of two years; yet
enlightened America did not see proper to intrust the power of
making laws to this body alone; they knew that the history of man,
and the experience of ages, bore testimony against the safety of
committing this high power to any one Assembly not checked by any
other body. They have therefore erected another branch of the
Legislature, called the Senate, the members of which are not to be
elected by the people immediately, but by the sovereignties of the
several States; they are to be chosen for six years, and not for two;
and the qualifications requisite to entitle those to a seat is different
from that of a member of this House. To these bodies are given the
power of initiating all laws; but after a bill has passed both of these
Houses, before it becomes of binding obligation on the nation, it
must be approved of by the President; it is a dead letter until life is
given by the Executive. The President is elected not by the people,
not by the Legislatures of the several States, not by either House of
Congress, but by Electors chosen by the people. He is to hold his
office during four years. This is the second great department of the
Government. It will be easily discovered from this cursory view of
our constitution, the caution and jealousy with which the people
have conferred the power of making laws, of commanding what is
right, and prohibiting what is wrong. But, sir, after this law was
made, after its authoritative mandate was acknowledged by the
nation, it became necessary to establish some tribunal to judge of
the extent and obligation of this law. The people did not see proper
to intrust this power of judging of the meaning of their laws, either
to the Legislative or to the Executive, because they participated in
the making of these laws; and experience had shown that it is
essential for the preservation of liberty that the Judicial and
Legislative authorities should be kept separate and distinct. They
therefore enacted a third department, called the Judicial, and said
that "the Judicial power of the United States shall be vested in one
Supreme Court, and in such inferior courts as Congress may from
time to time ordain and establish. The judges both of the Supreme
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  • 5. Clinical and Fieldwork Placement in the Health Professions
  • 7. Clinical and Fieldwork Placement in the Health Professions Second Edition OXFORD UNIVERSITY PRESS AUSTRALIA & NEW ZEALAND Edited by Karen Stagnitti, Adrian Schoo and Dianne Welch
  • 8. OXFORD UNIVERSITY PRESS Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trademark of Oxford University Press in the UK and in certain other countries. Published in Australia by Oxford University Press 253 Normanby Road, South Melbourne, Victoria 3205, Australia © Karen Stagnitti, Adrian Schoo and Dianne Welch 2013 The moral rights of the author have been asserted. First published 2010 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence, or under terms agreed with the appropriate reprographics rights organisation. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. National Library of Australia Cataloguing-in-Publication entry Author: Stagnitti, Karen. Title: Clinical and fieldwork placement in the health professions / Karen Stagnitti, Adrian Schoo, Dianne Welch. Edition: 2nd ed. ISBN 978 0 19 551960 0 (pbk.) Notes: Includes bibliographical references and index. Subjects: Medical personnel-In-service training. Clinical medicine-Study and teaching. Fieldwork (Educational method) Other Authors/Contributors: Schoo, Adrian Welch, Dianne Dewey Number: 610.711 Reproduction and communication for educational purposes The Australian Copyright Act 1968 (the Act) allows a maximum of one chapter or 10% of the pages of this work, whichever is the greater, to be reproduced and/or communicated by any educational institution for its educational purposes provided that the educational institution (or the body that administers it) has given a remuneration notice to Copyright Agency Limited (CAL) under the Act. For details of the CAL licence for educational institutions contact: Copyright Agency Limited Level 15, 233 Castlereagh Street Sydney NSW 2000 Telephone: (02) 9394 7600 Facsimile: (02) 9394 7601 Email: [email protected] Edited by Anne Mulvaney Text design by eggplant communications Typeset by diacriTech, India Proofread by Valina Rainer Indexed by Jeanne Rudd Printed by Markono Print Media Pte Ltd, Singapore Links to third party websites are provided by Oxford in good faith and for infonnation only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work.
  • 9. Contents Lists of Figures. Tables and Case Studies Preface Contributors Acknowledgments PART 1: ISSUES FOR P RACTICE Chapter 1 Getting Ready for Placement Jane Maidment Chapter 2 The Three Rs: Roles, Rights and Responsibilities Linda Wilson Chapter 3 Becoming a Reflective Practitioner Helen Larkin and Genevieve Pepin Chapter 4 Models of Supervision Ronnie Egan and Doris Testa Chapter 5 Making the Most of Your Fieldwork Learning Opportunity Helen Larkin and Anita Hamilton Chapter 6 Assessment of Clinical Learning Megan Smith Chapter 7 A Model for Alternative Fieldwork Rachael Schmidt Chapter 8 lnterprofessional Learning in the Field: Multidisciplinary Teamwork Nick Stone Chapter 9 Learning from Failure Eva Nemeth and Lindy McALLister viii xii XV xvi i i 1 3 13 31 43 57 70 83 95 115 v
  • 10. vi Contents Chapter 10 Using Digital Technology for Knowledge Transfer Anita Hamilton and Merrolee Penman Chapter 11 Fostering Partnerships with Action Michelle Courtney and Jane Maidment Chapter 12 Supporting People's Decision-making Genevieve Pepin, Joanne Watson, Nick Hagiliassis and Helen Larkin Chapter 13 Working in Palliative Care Lorna Rosenwax and Sharon Keesing Part 1 Checklist PART 2: CONTEXTS O F P RACTICE Chapter 14 Working in Diverse Settings Sharleen O'Reilly Chapter 15 Working with Mothers and Babies Joanne Gray Chapter 16 Working with Children and Families Kelly Powell Chapter 17 Working in Acute Settings Jo McDonall and Dianne Welch Chapter 18 Working with Older People Jennifer Nitz Chapter 19 Working in Mental Health Genevieve Pepin Chapter 20 Working in Workplace Practice Lynne Adamson and Michelle Day Chapter 21 Working in Private Practice Tim Kauffman. Phoebe Maloney and Adrian Schoo Chapter 22 Working in Rural and Remote Settings Paul Tinley Chapter 23 Working in Indigenous Health Settings Deirdre Whitford, Judy Taylor and Kym Thomas Part 2 Checklist 128 146 158 174 186 193 195 211 224 239 253 270 286 302 313 329 348
  • 11. PART 3: TRANSITION TO P RACTICE Chapter 24 You Become the Supervisor Uschi Bay and Michelle Courtney Chapter 25 Starting Out in Supervision Liz Beddoe Chapter 26 Health Workforce Recruitment and the Impact of Fieldwork Placements Adrian Schoo. Karen Stagnitti and Brenton Kortman Part 3 Checklist Appendix: Legal Issues Richard lngleby G lossary List of Useful Websites Index Contents vi i 353 355 368 382 392 394 400 416 418
  • 12. Lists of Figures, Tables and Case Studies Figures 2.1 Common foundation for information between stakeholders 20 2.2 University mechanisms to address student concerns 27 3.1 Gibbs' model of reflection (1988) 39 4.1 The Reflective Learning M odel showing the four stages of reflection to arrive at a practical outcome (Davys & Beddoe 2010) 53 5.1 The Fieldwork Learning Framework 58 8.1 I P L umbrella terms 99 8.2 Links between I P L and outcomes 103 9.1 Readiness to learn from failure in a fieldwork placement 122 10.1 Healthcare Blogger Code of Ethics symbol 131 10.2 H O N code symbol 131 10.3 RSS symbol 137 12.1 The doughnut principle 163 12.2 The person-centred risk assessment 164 12.3 The supported decision-making model 166 12.4 The decision-making pathway 168 13.1 Appropriate care near the end of life 177 13.2 Gibbs' model of reflective practice 183 14.1 The Australian hospital system: A patient perspective 197 14.2 The iceberg concept of culture 203 15.1 Main skills of a health professional working with mothers and babies 213 16.1 The effective paediatric practitioner 231 16.2 Paediatric clinical reasoning process 235 16.3 The clinical reasoning process (thinking process) used by the health professional for Sarah 236 viii
  • 13. Lists of Figu res, Tables and Case Studies ix 17.1 The 5 moments for hand hygiene 18.1 Scope of fieldwork settings when working with older people 20.1 Stakeholders in the occupational rehabilitation process 25.1 The focus of supervision 25.2 The focus of the fieldwork placement supervision 25.3 Student and practitioner supervision: Key differences Tables 1.1 Planning and organising for placement 1.2 First week: Planning and organisation 2.1 Examples of stakeholders' interests 2.2 Outline of stakeholder three Rs 4.1 Function and task checklist for you and your fieldwork educator 249 254 288 369 370 374 6 7 15 16 45 4.2 Five approaches to supervision 47 4.3 Strengths and limitations of the apprenticeship approach 48 4.4 Strengths and limitations of the growth therapeutic approach 48 4.5 Strengths and limitations of the role systems approach 49 4.6 Strengths and limitations of the competency-based approach 49 4.7 Strengths and limitations of the critical reflection approach to supervision 50 5.1 Personal attribute scenarios 60 5.2 Reframing generational attributes and behaviours 61 5.3 Alternative response types 62 5.4 Reflecting on practice window 64 6.1 Differences between clinical assessment and assessment in formal academic settings 6.2 Assessment criteria used during clinical placements. and activities used to reveal achievement of these criteria 6.3 Developing self-assessment skills throughout a clinical placement 8.1 Stereotypes: Helpful and unhelpful approaches 8.2 Myths and realities of I P L 8.3 I P L sample objectives 8.4 Post-placement objectives and activities 8.5 Stages of interprofessional competence 9.1 Characteristics of students experiencing difficulties and possible competencies affected 10.1 Digital technology tools: Function and application in fieldwork 71 73 77 97 100 107 111 112 116 138
  • 14. x Lists of Figu res, Tables and Case Studies 14.1 I nterdisciplinary team members 15.1 Learning another Language 17.1 Preparation List before beginning an acute care placement 19.1 Me as part of a team 19.2 My proactive p lan 22.1 Ratio of health professionals to population 25.1 The course of the supervision relationship 25.2 Supervisee Levels of independence 25.3 Coping with uncertainty Case Studies Grier's situation What information is missing in the following situation? Three scenarios Working with Mr Omar J enna. part 1 J enna. part 2 J enna. part 3 The OWLS program Eliot Teamwork in adversity An illustration of structured post-fieldwork I P L Chris's story of failing fieldwork Rita's story of failing fieldwork Meg the blogger Forcefield analysis of the fieldwork enterprise Lillian's story David J im and June Samuel the dietitian's first day on placement Fragmented care Sarah What a day! It's all in a day Comparison of management for elective hip replacement surgery between a well and a frail elderly person 201 220 244 279 283 316 371 375 377 10 21 28 52 62 65 67 go 91 g6 105 117 120 133 154 166 179 180 200 214 225 250 251
  • 15. Lists of Figu res, Tables and Case Studies xi Comparison between two frail older persons who both have complex and chronic conditions 266 Alfie 280 A referral from the OVA 293 Workplace safety 295 The negotiation 296 Be quick in private practice 309 Pleasing the client 310 My first week 326 Nancy and Geoff 339 Jane's fieldwork experiences 358 Sri at work 361 Leah as a fieldwork educator 364 Learning to work together 373 N ita 375 J osie 378 J ohn Leaves home for the country 386
  • 16. xii Preface Welcome to the second edition of this book! This book is aimed at students enrolled in a health profession. It is not a discipline-specific book. This second edition places more emphasis on competencies in practice and includes two new chapters-one on reflective practice and one on palliative care. Gaining competencies through clinical fieldwork placement or working in the field is experienced by all health students and is an important part of education for those who are planning to start their career in a health-related area. In all health professions. there are common competencies as all health professions are concerned with providing best practice to patients or clients. Curran et al. (2011) noted that competency is more than discipline-specific knowledge. skills and attitudes. but also includes understanding the context of the workplace. a person's cognitive and affective resources and provision of a common understanding towards interprofessional collaborations. These common competencies include professional behaviour. ethical behaviour. communication. knowledge of discipline-specific assessment and treatment. lifelong learning and interprofessional practice (collaboration and working in teams). In order to gain these competencies through clinical fieldwork placement. the student is required to spend a certain number of hours in a healthcare setting working within their discipline-specific profession. This requirement is essential to becoming a competent health professional/ practitioner and is called various names, such as authentic learning. work-situated learning or work-integrated learning. While you may have thought that. 'This is voluntary, so it is not that important to me. but since I have to pass it to pass the course. I'll have to go through with it!'. the clinical fieldwork placement or clinical practicum is where you. as a student. start to understand how theory becomes applied when real. live people require your professional service. It is also the context where professional and ethical behaviours are honed. Writing a book for all health professions has meant that we. the editors. have made some pragmatic decisions about terminology throughout the book. By using the same terminology throughout, it will be clearer to you what is being referred to. and chapters can be compared using the same terminology. As there are several disciplines represented in this book. the decisions made on terminology were based on the most common terminology used by authors across these disciplines. Here. in the Preface. we want to make it clear what the terminology means. The term 'fieldwork p lacement' is used throughout this book as the term that refers to the place where the student is learning about how to apply their competencies in practice through developing and consolidating professional behaviour. knowledge and skills. 'Fieldwork' was chosen as it is broader than 'clinical', as not all placements of all students are always in a hospital or clinical setting. For example. sometimes. the student is placed in
  • 17. Preface xiii a school or office setting where they work on a particular project. So, 'fieldwork p lacement' has been used to represent the following: fieldwork, clinical placement, clinical practicum, clinical education, fieldwork experience and work-integrated Learning settings. 'Fieldwork educator' is the term used for the person who supervises the student in the placement setting. Depending on your profession. this person could also be called your 'preceptor', 'clinical supervisor' or 'clinical educator'. Sometimes this person may also be an academic staff member from the university or educational institution that the student attends, but this is rare. The university staff involved in fieldwork organisation, collaboration or Liaison is clearly identified in the text as a university staff member. Other terms to refer to persons in this book are: 'health professional', 'patients' or 'clients', and 'student'. 'H ealth professional' refers to any person working in a health area and who has attained a minimum of a bachelor degree in their discipline area. Patients and clients are the people the student is assessing, treating, interviewing or working with in other ways. Both terms are used throughout the book as some case studies refer to clinical situations (where 'patient' is used) and other case studies refer to non-clinical situations (where 'client' is used). The student is you. We use the term 'entry Level degree' as this encompasses both bachelor degrees and masters entry Level degrees. The term 'work integrated Learning' (WI Ll is used in this book. This term is still used widely (at the time of writing this second edition) for what we would call 'fieldwork' or 'practicum'. In 2009, the then Australian Learning and Teaching Council completed a Large scoping study in thirty-five universities across Australia in relation to this topic from the perspectives of universities and students. The term 'WI L'was defined by them as 'an umbrella term for a range of approaches and strategies that integrate theory with the practice of work within a purposefully designed curriculum' (Patrick et al. 2008: iv, cited in Smith et. al. 2009: 23). In this sense WI L encompasses more than just fieldwork placements per se and is really Looking at how these are embedded and integrated within the whole student experience and how we endeavour within the curriculum to integrate the theory with the practice in order to develop a student's competence in practice. We have referred to 'work-integrated Learning' in some sections in some chapters when it is appropriate. The term is not always appropriate, and hence we have used 'fieldwork placement' to be more specific and used 'work-integrated Learning' when references are to the student Learning experience. There are three parts in the book. Part 1 is I ssues for Practice. In this part, information that is important for you to know-regardless of the setting where you will be undertaking your placement-is presented. Topics covered here are: what you need to prepare for placement your role, rights and responsibilities: models of supervision: assessment how to get the most out of your fieldwork experience: working in teams: how to positively move on from failure: technology: and reflective practice. Part 2 is Contexts of Practice, and in this part each chapter addresses a specific situated Learning experience and guides the student through what to prepare for. what to expect and issues that would be helpful to be aware of during placement. The final part, Part 3. Looks at Transition to Practice where the chapters cover aspects of becoming a fieldwork supervisor and how to plan for a student to come back and work in the area. At the end of each part is a checklist for easy reference. We wish you all the best in your fieldwork placements. Karen Stagnitti Adrian Schoo Dianne Welch
  • 18. xiv Preface References Curran. V. H ollett. A., Casimiro. L.. McCarthy, P., Banfield. V. Hall, P., Lackie. K.. Oandasan. 1.. Simmons. B. & Wagner. S. (2011). Development and validation of the interprofessional collaborator assessment rubric (I CAR). Journal of /nterprofessional Care. 2S: 339-44. Smith. M.. Brooks. S.. Lichtenberg. A.. M ciLveen. P.. Torjul, P. & Tyler. J. (200g). Career development learning: maximising the contribution of work-integrated learning to the student experience. Final Project Report. Australian Learning & Teaching Council. University of Wollongong.
  • 19. Lynne Adamson. Associate Professor. Occupational Science and Therapy, School of Health and Social Development. Deakin University. Victoria. Uschi Bay. Senior Lecturer. Social Work. Faculty of Medicine. N ursing and Health Sciences. Monash University. Melbourne. Victoria. Liz Beddoe. Associate Professor in the School of Counselling. H uman Services and Social Work. Faculty of Education. University of Auckland. Auckland. Michelle Courtney. Senior Lecturer. Occupational Science and Therapy. School of Health and Social Development. Deakin University. Victoria. Ronnie Egan. Associate Professor of Field Education. School of G lobal Urban and Social Studies. RM IT University. Melbourne. Victoria. Joanne Gray. Associate Dean (Teaching and Learning). Faculty of H ealth. University of Technology. Sydney. Nick Hagiliassis. Research Coordinator. Scope. G lenroy. Victoria. Anita Hamilton. Lecturer Occupational Therapy, School of Health and Sport Sciences. Faculty of Science. Health. Education and Engineering. University of the Sunshine Coast. Richard lngleby, Barrister. Victoria: Faculty of Law. University of Western Australia. Tim Kauffman. Kauffman Gamber Physical Therapy, Lancaster. Pennsylvania: and Adjunct Faculty. Columbia University. New York. Sharon Keesing. Lecturer. School of Occupational Therapy and Social Work. Curtin University. Western Australia. Brenton Kortman. Senior Lecturer. Coordinator of the Occupational Therapy program at Flinders University. South Australia. Helen Larkin. Lecturer. Occupational Science and Therapy, School of Health and Social Development. Deakin University. Victoria. XV
  • 20. xvi Contri butors Lindy McALLister. Professor and Associate Dean of Work Integrated Learning. Faculty of Health Sciences. University of Sydney. Jo McDonaLL. Lecturer. School of N ursing and Midwifery. Deakin University. Victoria. Jane Maidment. Senior Lecturer. School of Social and Political Sciences. University of Canterbury. N ew Zealand. Phoebe Maloney, Active Support Coordinator. Transport Accident Commission. Geelong. Victoria. Australia. Eva Nemeth. Director of Clinical Education. Master of Speech and Language Program. Macquarie University. Sydney. Jennifer Nitz. Geriatric Teaching and Research Team Leader. Division of Physiotherapy. School of Health and Rehabilitation Sciences. University of Queensland. Sharleen O'ReiLLy. Senior Lecturer. School of Exercise and N utrition Sciences. Deakin University. Victoria. Merrolee Penman. Principal Lecturer. School of Occupational Therapy, Otago Polytechnic. Dunedin. Genevieve Pepin. Senior Lecturer. Occupational Science and Therapy. School of Health and Social Development. Deakin University. Victoria. Kelly PoweLL. Lecturer. Occupational Science and Therapy. School of Health and Social Development. Deakin University. Victoria. Lorna Rosenwax. Professor and Head of School. Occupational Therapy and Social Work. Curtin University. Western Australia. Rachael Schmidt. Lecturer. Occupational Science and Therapy. School of Health and Social Development. Deakin University. Victoria. Adrian Schoo. Professor. Flinders Innovation in Clinical Education Cluster. School of Medicine. Flinders University, South Australia. Megan Smith. Associate Professor. Sub Dean Workplace Learning. Faculty of Science. Charles Sturt University. Albury. Karen Stagnitti. Professor. Personal Chair. Occupational Science and Therapy Program. School of H ealth and Social Development. Deakin University. Victoria. Nick Stone. Research Fellow. Faculty of H ealth Sciences. La Trobe University; Lecturer. Department of Management and Marketing. University of Melbourne: Consultant (including Culture Resource Centre. Deakin. Murdoch. Wollongong. Macquarie and Nelson Mandela Universities).
  • 21. Contri butors xvii Judy Taylor. Adjunct Associate Professor. School of Medicine and Dentistry. James Cook University: Adjunct Associate Professor. Centre for Rural H ealth and Community Development. University of South Australia. Whyalla. Kym Thomas. Coordinator. Aboriginal Health Unit. Spencer Gulf Rural Health School. University of South Australia. Doris Testa. Lecturer/Academic Leader Field Education. Social Work. Victoria University. Paul Tinley, Associate Professor. Podiatry Course Coordinator. School of Community Health. Charles Sturt University, Albury. Joanne Watson. Research Fellow (Speech Pathologist). Scope Victoria. Dianne Welch. Director of Clinical Studies. School of Nursing. Deakin University, Victoria. Deirdre Whitford. Associate Professor. H ead of Education. Spencer Gulf Rural H ealth School. South Australia. Linda Wilson. Coordinator Bachelor H ealth Science. School of H ealth and Social Development. Deakin University. Victoria.
  • 22. xviii Acknowledgments Thank you to Michelle Day (Occupational Therapist. Coordinator. Early Years Program Bellarine Community H ealth Ltd. Victoria). J ennifer Pascoe (Occupational Therapist. World Federation of Occupational Therapists) and Angela Russell (Student Coordinator and Special Projects. Spencer Gulf Rural H ealth School. in partnership with Pika Wiya Health Service. Port Augusta). who contributed to the first edition of the book. The author and the publisher wish to thank the following copyright holders for reproduction of their material. British M edical Journal for extracts from Murray, S.. Kendall, M .. Boyd, K. Sheikh. A. 'I llness trajectories and palliative care'. 2005: Mapping Knowledge for Social Work Practice: Critical Interactions. E Beddoe and J Maidment. Cengage Learning. 2009, pp 27-28: Davys & Beddoe. (2010). Best Practice in Professional Supervision: A Guide for the Helping Professions. J essica Kingsley Publishers. London and Philadelphia. Reproduced with permission of J essica Kingsley Publishers: When caring is not enough. Examples of reflection in practice. S Mann and T Ghaye, Quay Books. London. 2011. p78 www.quaybooks.co.uk: Making the M ost of Field Placement (2nd edn). H Cleake & J Wilson. Thomson. 2007, South Melbourne. pp 57-8: World H ealth Organization for The 5 moments for hand hygiene http://www.who.int/ gpsc/smay/background/smoments/en/index.html October 2012. Every effort has been made to trace the original source of copyright material contained in this book. The publisher will be pleased to hear from copyright holders to rectify any errors or omissions.
  • 23. Part 1 Issues for Practice Chapter 1 Getting Ready for Placement 3 Chapter 2 The Th ree Rs: Roles, Rights and Responsi bil ities 1 3 Chapter 3 Becoming a Reflective Practitioner 3 1 Chapter 4 Models of Supervision 43 Chapter 5 Making the Most of You r Fieldwork Learni ng Opportu n ity 57 Chapter 6 Assessment of Clin ica l Learn i ng 70 Chapter 7 A Model for Alternative Fieldwork 83 Chapter 8 l nterprofessional Learning i n the Field: M u ltidisci p l i na ry Tea mwork 95 Chapter 9 Learn i ng from Fai l u re 1 1 5 Chapter 1 0 Using Digital Tech nology for Knowledge Transfer 1 28 Chapter 1 1 Fostering Partnerships with Action 1 46 Chapter 1 2 Supporti ng People's Decision-making 1 58 Chapter 1 3 Working i n Pal l iative Care 1 74 With the second ed ition we have put the broader issues relati ng to practice i n the fi rst part of the book. By doing this you have a broader view of the context i n which cl i nical fieldwork practice sits. In Part 1 we cover issues such as getting ready for placement, you r role, rights a n d responsi bil ities, su pervision, assessment, fai l i ng placement, reflective and eth ical practice and worki ng i n teams. 1
  • 25. C HAPTER 1 Getti ng Ready fo r P l a ceme nt Jane Maidment LEARNING OUTCOM ES After reading this cha pter you should be able to: u nderstand the pu rpose and scope of work-integrated learn ing be aware of the practical steps to take i n preparing for the fieldwork placement analyse aspects of workplace l iteracy with reference to oneself and the tea m raise self-awareness about bei ng a student on placement. KEY TERMS Emotional i ntel l igence (EI) Experiential learn i ng Fieldwork ed ucator I NTRODUCTION Fieldwork placement Self-awareness Self-regu lation Work-integrated learn i ng Workplace literacy This chapter outlines a range of factors to consider before embarking on a fieldwork placement. These considerations focus mainly on practical matters. and will be relevant to you. regardless of your health-related discipline. Work-integrated Learning (WI L) has a long and strong tradition in most health-related disciplines. Many seasoned health professionals consider their past student fieldwork placement as the most significant and memorable learning experience in their early careers. which shaped and radically influenced their style of working. future career choices and identification with their chosen discipline. Engaging with real clients in the context of a bona fide workplace brings a critical edge to learning that cannot be captured in the classroom. Together. these factors create an exciting. dynamic
  • 26. 4 Part 1 Issues for Practice and challenging milieu. In order to make the most of the Learning opportunities offered in the field it is important to build a sound foundation from which to begin your fieldwork placement. Understanding the scope and purpose of the fieldwork placement is the Logical place to start. SCOPE AN D PURPOSE O F WORK-I NTEG RATED LEARN I NG The scope of the profess i o n It may seem self-evident that the purpose of 'going out on placement' i s to Learn how to practise one's discipline. Learning to practise. however. involves more than demonstrating the technical skills associated with your discipline. such as conducting an intake assessment. constructing a splint or charting a patient's medication. It entails: discovering and articulating the connections between the theory you have Learnt in the classroom and the client situations you encounter on fieldwork placement developing greater awareness and analysis of your own professional values in situ. where challenging ethical dilemmas can arise Learning how interdisciplinary teamwork operates. and about ways in which you and people from your discipline might contribute to the team in order to better serve the client population. As such. the specific competencies you are Likely to develop on placement include interdisciplinary teamwork skills. ethical decision-making skills and enhanced communication skills as well as Learning various forms of client and agency documentation. The scope of work-integrated Learning is broad. and is influenced by the cultural norms of the workplace. and complex in terms of incorporating a range of stakeholders. Much has been written about this type of experiential Learning. Leading to a plethora of terminology to describe the activities associated with work-integrated Learning. Stints of structured Learning in the field have been variously described as clinical rounds. placement. field education and the practicum. Similarly, the roles of those people primarily responsible for facilitating the Learning of students in the field are referred to as 'preceptors' in nursing. 'field educators' in social work. 'fieldwork supervisors' in occupational therapy and 'clinical supervisors' in other disciplines. While the names for the fieldwork placement and the names given to your principal supervisor differ from discipline to discipline. the functions of the fieldwork placement and the key people in the process remain the same: to provide a milieu in which you can engage in authentic work-integrated Learning. with structured professional guidance and supervision. In this context. the term 'fieldwork placement' is used for placement or practicum. and 'fieldwork educator' is used for the person who directly supervises you when you are at the placement. There are a diverse range of agency settings in which you may be placed. including Large hospital settings. community health and non-government organisations. The client group you work with will be determined by the setting of your fieldwork placement. and
  • 27. Chapter 1 Getting Ready for Placement 5 might include. but will not be limited to. older persons. mothers with babies. people with mental health issues or those attending rehabilitation. Throughout your degree program you will have opportunities to learn about and experience work in a variety of settings. The duration of a fieldwork placement can vary, and may include individual days in an agency. blocks of several weeks in full-time or part-time work. or year-long internships. Student fieldwork placement opportunities usually increase in length and intensity over the course of a degree program. with many prescribing regulations for the numbers of days and hours that must be completed. These guidelines are set down by professional accreditation bodies such as the Australian Association of Social Work. the Australian Nursing and Midwifery Council, the World Federation of Occupational Therapy and the World Confederation of Physical Therapists. In Chapter 11 you will be able to read more about the significant role of professional associations in providing governance and regulation influencing health education and practice. THINK AND LINK You are gai n i ng the knowledge and learn i ng the skills to become a member of you r profession. Chapters 2 and 1 1 d iscuss you r role and responsi bilities and how professional associations, u n iversities and government work together to enable you to take part in fieldwork education. While you may have entered the program with the goal of working in a specific field such as disability or mental health. it is important to be open to the professional opportunities that can be generated in all settings. Frequently after having been on placement. students become passionate about working in fields they had not previously thought about. It is important not to hold tight to preconceived ideas about a specific place or client group you want to work with until you have finished your degree. I f you are placed in an agency that differs from your preferred choice (which happens frequently), demonstrating annoyance or lack of interest will have a negative impact upon your engagement with the staff and clients in that agency. This standpoint can also lead to you becoming less open to exciting alternative learning and career possibilities. Wherever you go on placement. paying attention to planning and organising is the key to successful completion. Research on problems experienced by students on fieldwork placement identifies common stressors that can be addressed with some forward planning. These include issues such as financial constraints. managing child care. travel arrangements and attending to personal safety (Maidment 2003). G ETTI NG READY Planning for the placement begins well before your actual start date. Table 1.1 lists a series of factors to consider. and strategies that past students have utilised. Jane Maidment
  • 28. 6 Part 1 Issues for Practice Table 1.1: Planning and organising for placement Pre-placement planning and organisation Finances Program administration Police checks Working with children check Child care Travel Dress code Placement interviews Being out on placement i ncurs additional costs. Sta rt budgeting early for travel to and from you r placement, purchase of work-appropriate cloth ing, any req u i red equ i pment or books, add itional child care expenses, accommodation and depleted wages if you need to cut back on paid work hours. Some students apply for bank loans to cover extra costs d u ring this time. All programs orga n ising fieldwork placements req u i re you to complete a set of paperwork beforehand. Ensure that you submit this material to the field coord i nator by the dates req u i red and that you attend any i nformation sessions offered by the i nstitution. Most institutions req u i re students to prod uce a police check at the time of i nterview or on the start date. These can take several weeks to process. Make an appl ication for a pol ice check wel l in advance of begi n n i ng you r placement. A police check must be completed for each cu rrent year of you r cou rse. Most states now a lso req u i re students to provide a working with children check before placement with m i nors. These checks also ta ke some time to process, so begi n the process at least two months before you r placement begi ns. Students with children frequently need to find additional ch i ld care while on placement. Discuss this need wel l i n advance with you r fam i ly mem bers, loca l child care centre and other potential mi nders. You may need to use after-school care or employ a caregiver in your home. T h i n k a bout how you will get to you r placement, whether by car, ca r pooli ng, public transport or bike. Plan you r route from home to the placement agency if you are trave l l i ng to an u nfa m i l ia r location, and a l low for extra time on the fi rst day. Find out if there is a prescri bed agency d ress code or u n iform you a re expected to wear on placement. Sta ndard of d ress in an agency setting is l i kely to be more formal than the casual clothes you would wear to u n iversity. Some fieldwork placement programs req u i re students to attend an i nterview before begin n i ng. Prepare a curricu l u m vitae to take with you. Ensu re you a lso take you r d river's licence, police check and working with children check. Before attending an i nterview make sure you know the location of the agency, and familiarise yourself with the work of the agency on the I nternet or by requesting i nformation to be sent by post. Have some ideas about what you are wanti ng to learn during the placement, and prepare some questions to ask at the i nterview. If you do not need to have an i nterview, but a re sim ply given a start date, make contact with you r fieldwork educator over the telephone to i ntrod uce you rself before you begi n. Be i nformed a bout the pu rpose of the agency and the scope of the work before you start.
  • 29. Chapter 1 Getting Ready for Placement Table 1.2 outlines matters you need to familiarise yourself with during your first week on placement. Table 1.2 : First week: Planning and organisation Agency administration During the fi rst week on placement students freq uently need to com plete agency confidential ity contracts, provide personal I D to col lect and sign for keys or building secu rity ca rds, be suppl ied with a computer password or security code, learn the systems for car and room bookings, and become i nformed a bout office procedu re for record ing you r whereabouts d u ring the day. Safety Most agencies have pol icies and procedu res to add ress personal and occu pational safety i n the workplace. Ask to read these and discuss safety processes associated with office appoi ntments and home visits with you r fieldwork educator d u ring the fi rst week. Orientation First client contact It is usual to have an orientation phase to the physica l surroundi ngs and the work of the agency, and to meet you r new col leagues. By the end of the fi rst few days in the agency you should know where you can leave you r personal belongi ngs, use desk space and who to approach when you have questions or issues to add ress. Ask what people normal ly do at l u nchti me and how long you have for th is break. As the placement progresses you will conti nue with you r orientation to the field of practice and organ isational policy, and lea rn agency information record ing and storage procedu res. It is usual at the begi n n i ng of a placement to spend som e ti me observing you r su pervisor or other practitioners worki ng with clients. I n order to prepare for this observation it is helpfu l to have read the client file and spoken with the fieldwork educator a bout particular poi nts to look out for d u ring you r observation. Debriefi ng with the fieldwork ed ucator after these cl ient sessions is the time to ask q u estions, and discuss ideas. Havi ng observed a n u m ber of sessions, you may then often work with an experienced practitioner. Students in thei r final years of tra i n i ng ca n be expected to work relatively i ndependently with clients, while conti n u i ng to receive professional su pervision. Once you arrive at the agency to begin your fieldwork placement. it is important from the outset to demonstrate your workplace literacy. WORKPLACE LITERACY Traditionally. the term workplace literacy has been adopted to describe 'the written and spoken language. math [maths] and thinking skills that workers and trainees use to perform job tasks or training' (Askov et al. 1989. cited in O'Conner 1993: 196). I n this discussion the notion of workplace literacy is broadened. and defined as being the sets of skills. attitudes and behaviours required to practise competently in the field. This definition incorporates the spectrum of attributes that have been written about extensively under the umbrella Jane Maidment
  • 30. Another Random Document on Scribd Without Any Related Topics
  • 31. other description, was avowedly to be excluded, nor was any proposition to this effect deemed worthy of even a moment's consideration. The measure proposed, however, interested in a very particular manner that part of the community he had the honor to represent. They paid, it was true, a small portion of the internal taxes, but the various other taxes upon salt, brown sugar, coffee, &c., and the duties on imposts generally, fell more immediately and far more heavily on them. Was it not natural, therefore, that he should have some hesitation on the subject; that he should feel anxious to see this project thoroughly and completely investigated; that he should wish to receive every possible information which might either tend to satisfy his mind as to the expediency of repealing the internal taxes only, to the total exclusion of all others, or enable him to propose some other project, equally beneficial perhaps to the public at large, and which might at the same time accord better with the immediate interests of his constituents? His constituents, he was proud to say it, had ever contributed with alacrity and cheerfulness to the wants and exigencies of the Union. They were prepared and willing, he was confident, to do so still; and he made not the least doubt but that they would readily subscribe to the exclusive repeal of the internal taxes, and submit, without a murmur, to the continuation of all the other taxes, however burdensome to themselves, provided they are convinced and well satisfied that this measure was fairly and impartially adopted for the welfare of the whole, and not for the benefit of the one at the expense of the other division of the country. It was for this purpose, therefore, that he wished the present motion to be adopted, and that he had desired the attention of the Committee of Ways and Means to be directed, particularly, to those articles of importation and of general use and necessity, such as salt, sugar, coffee, common teas, &c. He was desirous that these and similar items should be compared with the carriage tax, the tax on licenses to retail spirituous liquors, and various other similar items of the internal taxes, and that the House might be furnished with such information with respect to both, as might enable him to judge,
  • 32. whether there might not be a partial repeal as well of some of the external as internal taxes, and not a total and exclusive reduction of the latter, as was contemplated; whilst all the former, however grievous and inconvenient, were to be retained. Did he then ask any thing which was unreasonable or improper? Could any possible inconvenience accrue from allowing him to obtain the information he desired? If not, why refuse to indulge him in what he deemed useful, and what (at the worst) could only be regarded by gentlemen themselves as superfluous information? Was it fair; was it becoming; did it comport with that civility and politeness which was due from the one to the other, by citizens of a common country, assembled together for the express purpose of consulting upon their common interests, to treat thus cavalierly what must at least be allowed to be a respectable minority? With respect to the two only reasons which had ever been offered in favor of the exclusive repeal of the internal tax, viz: the expense and number of officers required to collect it, was it not the immediate and precise object of the resolution under debate to inquire whether it was not possible to devise some means by which these inconveniences might be obviated, or at least greatly lessened? And what objection could there be to the inquiry? Were gentlemen perfectly and entirely convinced that nothing of the kind could be done, or were they apprehensive that the thing was in itself so feasible, that an inquiry of this kind would throw a stumbling-block in the way of the project already determined on, which although he would freely acknowledge, that as an abstract proposition it was expedient as much as possible, and to collect your taxes at as small an expense, and by means of as few agents as conveniently could be done, yet there was another still more important maxim which ought never to be lost sight of: this was, that the burdens of the Government, as well as the advantages which flowed from it, should be fairly, equally, impartially, and equitably distributed among every description of the citizens, in whatever part of the country they resided. If, therefore, it did happen, that a few more officers and a somewhat greater percentage were required to collect the taxes in
  • 33. one than in another part of the country, this alone would most certainly and indubitably not be a sufficient reason to do away all the taxes in the one, and throw the whole burden of the Government on the inhabitants of the other. Mr. Rutledge confessed himself much puzzled by the new forms of proceeding this day adopted. Ever since he had had the honor of a seat in Congress, it had been invariably the practice, when measures were proposed not agreeable to the majority, for them to offer their objections to them. This had ever been the practice, and the experience of its convenience offered strong reasons for its continuance. When the majority stated their objections to any measure, the minority in sustaining it answered them fully; thus, both sides acted understandingly, and when the proceedings of the National Legislature went out to the people, they were at the same time informed of the reasons under which their Representatives had legislated. This had not only been the usage in Congress, but the form of proceeding in all representative bodies with whose history we are acquainted. Even in the British House of Commons, which gentlemen had often and emphatically styled a mockery of representation, so great is the respect paid to public opinion, that the majority deem it their duty to assign in debate the reasons of their conduct. Although the Minister in England has quite as much confidence in the strength of his majority as gentlemen here can have in theirs, yet, in feeling power, he does not forget right, and his regard for public opinion is so great, that he never secures his measures by a silent vote. In these days of innovation, we, it seems, are to pursue a different course. When the resolution offered this morning by his honorable friend from New York (Mr. Morris) was taken into consideration, not a voice was raised against it. This profound silence made us expect a unanimous vote; but, in consequence, he supposed, of some outdoor arrangements, it was rejected by this silent majority. He had seen many deliberative assemblies, but never before witnessed such a procedure. He would not say whether this was respectful towards the minority, who, we have been told from high authority, have their equal rights—he
  • 34. would not say whether it was dignified as it regarded the majority, but, without pretending to any spirit of prophecy, he would venture to say it could not be deemed politic or wise by the people of this country. When the doors of Congress were open, and persons admitted to take the debates, the people expected to be fully informed of the views and motives which governed the votes of their Representatives. But it seems our constituents are not to be treated with this heretofore common civility. In proposing measures we are obliged to guess at what gentlemen feel against them, (for they say nothing,) and to defend them, without knowing in what they are objectionable to those who govern in this House. This kind of governing is but ill calculated to produce harmony, to restore social intercourse, and to heal the wounds inflicted on society by the spirit of party. The question was taken, and it passed in the negative—yeas 37, nays 57. Duties on Imports. Mr. Rutledge called up for consideration the resolution which he moved on Friday, on which the previous question was then taken, viz: "Resolved, That the Committee of Ways and Means be instructed particularly to inquire into the expediency of reducing the duties on brown sugar, coffee, and bohea tea." Mr. Griswold hoped the resolution would be decided upon. Mr. Rutledge hoped the reference would obtain. These articles paid the highest rate of duties and were of the first necessity. In looking over the rates of duties on imports, he saw many articles that were taxed enormously high. Those in the resolution were of the first necessity, the duty high, and laid when they were at war prices; while the people received war prices for their produce, they could
  • 35. with convenience pay for these articles, though high. The object of the resolution was merely to inquire, and he did not see how it could interfere with any object gentlemen have in view. Mr. Dana.—I beg liberty to tender the homage of my profound respects, for the dignified situation in which gentlemen have now placed themselves, and congratulate them on their silence. There is something peculiarly impressive in this mode of opposing every thing that is urged. It is seldom that gentlemen have exhibited such a remarkable appearance of a philosophical assembly. "That dumb Legislature will immortalize your name"—is said to have been the language of a certain distinguished General to a certain nominal Abbé, who has been represented as having pigeon-holes full of constitutions of his own making. During the memorable night at St. Cloud, when the French Council of Ancients, and Council of Five Hundred, were adjourned—to meet no more—it may be recollected, the powers of executive government were provisionally committed to three persons, styled Consuls, and two of them were the General and the Abbé. From each of the Councils, twenty-five members were selected, to compose a commission, and assist the provisional Consuls in preparing a constitution for France. Of the numerous projects of constitutions presented by the Abbé, it is said no part was finally adopted except the plan of a dumb Legislature. This, the General instantly seized with apparent enthusiasm, exclaiming to the Abbé, "that dumb Legislature will immortalize your name!" And it was determined to have a corps legislatif that should vote, but not debate. It was scarcely to be expected that any thing like this would soon take place in our own country. But it is the prerogative of great geniuses, when in similar circumstances, to arrive at the same great results, although with some difference in the process. Nor can I forbear offering my tribute of admiration, for the genius who has projected a mode of proceeding among us, that so nearly rivals the plan adopted in France. I know not to whom is due the honor of this luminous discovery. After ascribing to him, however, all merited
  • 36. glory, permit me to examine the force of the argument relied on by gentlemen in opposition to the proposed resolution. Their argument is silence. I hope to be excused if I do not discuss this subject in the most satisfactory manner; as silence is a new species of logic, about which no directions have been found in any treatise on logic that I have ever seen. It will be my endeavor to reply to gentlemen by examining some points which may be considered as involved in their dumb arguments. One of these points is—that certain members of this House have pledged themselves to their constituents, for repealing all the internal taxes. They may have declared their opinions to this effect, before the election; and, being chosen under such circumstances, may now deem themselves bound in honor not to vary. The terms assented to between their constituents and themselves may, therefore, be viewed by them as the particular rule of their own conduct. But is this House to be regarded in the same light with the English House of Commons, during the early period of their history, when the knights of shires, and the representatives of cities and boroughs, were instructed on what terms they should bargain with the Crown for special privileges, and were limited to the price agreed on by their constituents? The situation of gentlemen who have thus pledged themselves to vote for repealing the internal taxes, must be irksome, indeed, if on mature consideration they should believe it more proper and more beneficial for the country to have other taxes reduced. Those who have entered into a stipulation of this sort, so as to feel it as a point of honor, are so peculiarly circumstanced that they might think it too assuming in me, were I so much as to express a desire that they would vote for reducing some of the duties on imports, instead of repealing all the internal taxes. It is to be hoped, the number of members who have pledged themselves in this manner, does not exceed twenty-five or thirty. Another point involved in this argument of silence is, that other gentlemen may have pledged themselves to these, and given them a promise of support on this subject. It must be acknowledged that
  • 37. this was more than was required on account of their seat in this House. If any gentlemen have absolutely so pledged themselves to their constituents, it must indeed be difficult to convince them. On this point, their minds must be so differently constituted from mine, that there does not seem to be any common principle between us that can be assumed as the basis of argumentation. Another point is, the Executive has recommended a repeal of all the internal taxes, and not any reduction of the impost. And will gentlemen act upon this as a sufficient reason for their conduct? Is it now to become a principle, that the Executive is to deliberate, and the Legislature to act, and that no measure is to be adopted unless proposed by the Executive? Would it not be better for the country to abolish this House, and to avoid useless expense, if it is to be nothing more than one of the ancient Parliaments of France, employed to register the edicts of a master? The silence of the gentlemen may also be considered as having relation to their great desire for the harmony of social intercourse. To prevent its being disturbed in the House by debating, they may have come to a determination that all the great questions shall be settled by gentlemen of a certain description, when met in nocturnal conclave, and be only voted upon in this place. If such be the fact, it seems but reasonable that any of the members of this House should be admitted in meetings of the conclave, as delegates from the territorial districts are admitted into Congress, with a right to debate, although not to vote. If, however, this is thought too much, gentlemen should at least have galleries provided, so that other members of the Legislature might be admitted as spectators, and have the opportunity of knowing the reasons for public measures. The question was called for, when Mr. Eustis begged the Speaker would state it, as, in listening to the arguments of the gentleman from Connecticut, he had forgotten it. Mr. Rutledge said he was much pleased by the question of the honorable gentleman from Massachusetts. When gentlemen ask, What is the question? it is to be hoped that they will respect its
  • 38. merits; but, from the scene this day acted, he had learned that the only inquiry with gentlemen would be, from what side does this come? The question was then taken by yeas and nays, and lost—yeas 35, nays 58. Tuesday, January 26. Territorial Government for the District of Columbia. Mr. Sprigg reported a bill for the government of the Territory of Columbia. [The bill establishes a Legislature, chosen by the taxable citizens of the United States one year resident in the Territory, composed of a House of Representatives, to consist of twenty-five members, seven whereof to be chosen by the district of Rock Creek, seven from the part west of Rock Creek, and eleven by the county of Alexandria. The Governor to be appointed by the President of the United States. The Territory to pay the Legislature, and the United States the Governor. The judges to hold their offices during life, unless removed by the President on the application of two successive Legislatures.] Referred to the Committee of the whole House on Tuesday next. A memorial and remonstrances of sundry inhabitants of the county and town of Alexandria, in the District of Columbia, was presented to the House and read, praying that Congress will not agree to any plan, or pass any bill respecting the government of the said District, which shall, by the establishment of a subordinate Legislative or subordinate Executive, or otherwise, tend to unite under its power, the two parts of the district, as separated by the river Potomac.— Referred to the Committee of the whole House last appointed. Thursday, January 28.
  • 39. Lieutenant Sterret, his Officers and Crew. The House resolved itself into a Committee of the Whole on the report of a select committee of the nineteenth instant, on the resolutions of the Senate, in the form of joint resolutions of the two Houses, "in respect to Lieutenant Sterret, the officers, and crew of the United States' schooner Enterprise;" to which Committee of the whole House were also referred the said resolutions of the Senate; and, after some time spent therein, the Speaker resumed the chair, and Mr. Davis reported that the committee had had the said report and resolutions under consideration, and directed him to repeat to the House their disagreement to the said resolutions of the Senate, and their agreement to two resolutions contained in the report of the select committee thereupon, in the form of joint resolutions of the two Houses; which he delivered in at the Clerk's table. The House then proceeded to consider the said report and resolutions: Whereupon, the resolutions of the Senate, to which the Committee of the whole House reported their disagreement, being twice read at the Clerk's table, in the words following, to wit: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, as a testimony of the high sense they entertain of the nautical skill and gallant conduct of Lieutenant Andrew Sterret, commander of the United States' schooner Enterprise, manifested in an engagement with, and in the capture of, a Tripolitan corsair, of superior force, in the Mediterranean Sea, fitted out by the Bey of that Regency to harass the trade, capture the vessels, and enslave the citizens, of these States, the President of the United States be requested to present Lieutenant Sterret with a gold medal, with such suitable devices thereon, as he shall deem proper, and emblematic of that heroic action, and the mercy extended to a barbarous enemy, who three times struck his colors twice, and recommenced hostilities: an act of humanity, however unmerited, highly honorable to the American flag and nation; and that the President of the United States be also requested to present to each of the Lieutenants, Porter and Lawson,
  • 40. of the Navy, and Lieutenant Lane of the Marines, who were serving on board the Enterprise in the engagement, and contributed, by their gallant conduct, to the success of the day, a sword, with such suitable devices as the President may deem fit. "Be it further resolved, In consideration of the intrepid behavior of the crew of the Enterprise, under the orders of their gallant commander, and their receiving no prize money, the corsair being dismantled and released after her capture, that one month's pay, over and above the usual allowance, be paid to all the other officers, sailors, and marines, who were actually on board and engaged in that action; for the expenditure of which charge Congress will make the necessary appropriation." The question was taken that the House do concur with the Committee of the whole House in their disagreement to the same, and resolved in the affirmative. The resolutions contained in the report of the select committee, to which the Committee of the whole House reported their agreement, being twice read, in the words following, to wit: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That they entertain a high sense of the gallant conduct of Lieutenant Sterret, and the other officers, seamen, and marines, on board the schooner Enterprise, in the capture of a Tripolitan corsair, of fourteen guns and eighty men. "Resolved, That the President of the United States be requested to present to Lieutenant Sterret a sword, commemorative of the aforesaid heroic action; and that one month's extra pay be allowed to all the other officers, seamen, and marines, who were on board the Enterprise when the aforesaid action took place." The question was taken that the House do concur with the Committee of the whole House in their agreement to the same, and resolved in the affirmative. Ordered, That the said resolutions be engrossed, and read the third time to-morrow.
  • 41. Monday, February 8. Imprisonment for Debt. Mr. Smilie called up his resolution that a committee be appointed to revise the laws respecting imprisonment for debts due the United States. His objects, he said, were two; to secure the debtor's property, and to inflict some penalty or provide some remedy instead of imprisonment for life. Mr. Rutledge was opposed to imprisonment for life, where the debtor gave up his whole property, and was unable to pay all. He had known, in South Carolina, revenue officers imprisoned for debts due the United States, who had been many years confined; men of good character, men of honesty, but who, through ignorance of transacting certain business, or their misfortunes, were unable to pay. He knew an individual of that State who had applied to that House for relief; his petition was referred to the Secretary of the Treasury; the Secretary felt a delicacy in interfering in the case; the petition was not granted; and the person had now been in jail five years, though his inability to pay did not arise from having wasted the public money, or from aught but misfortune; for he was acknowledged to be a man of good character. He was averse to such cruelty. Hence the necessity of making some provision that the innocent, when distinctions can, as in most instances, be made, may not be subjected to cruel punishments, that were of no benefit to the United States. Why send him to jail? Why lock him up there? Why prevent his being able to support his family? Mr. Smilie.—It is the case that when you exceed in making your laws what is reasonable, those laws, as the present concerning debtors to the United States, will not be executed. The present law cannot be put in execution. He wished some sufficient penalty. This was not the proper stage to give his sentiments; were it, he should say, he thought the defaulter ought to give up the property, and perhaps be imprisoned a period. But the Legislature are not the proper judges,
  • 42. and ought not to interfere; the Legislative and Judicial Departments should be kept separate. We want some uniform law, operating on all according to their demerit. The subject was postponed till to-morrow. Friday, February 12. State Balances. Mr. Thomas called up his motion respecting State Balances, which is as follows: "Resolved, That a committee be appointed to inquire into the expediency of extinguishing the claims of the United States for certain balances, which, by the Commissioners appointed to settle the accounts between the United States and the individual States, were reported to be due from several of the States to the United States, and that the said committee have leave to report by bill or otherwise." Mr. Bayard hoped the resolution would prevail. The debtor States, not satisfied with the settlement made by the Board of Commissioners, had asked for information respecting the grounds on which it had been made. The information had been imperiously refused. In his opinion it was but right, if the debtor States did not dispute the validity of the debts due to the creditor States, that they should agree to expunge the claims against the debtor States. Indeed, he had been assured that the commission was not instituted with a view of sustaining any charges against the debtor States, but for ascertaining the amount due to the creditor States, and funding them; and he believed it had been so understood at the time. This was an affair not determinable by the ordinary rules applied to individual cases. Many of the States, not expecting a settlement, had kept no accounts or vouchers; and however great the supplies they contributed under such circumstances, they received no credits for
  • 43. them; while those States which had been most careful in the preservation of vouchers, shared a different and a better fate. Mr. B. believed it was the true policy of the creditor States to agree to the extinguishment of these balances. He believed they never could be paid, because no State allowed them to be due. They would not, therefore, be paid voluntarily; and he knew of no force in the United States to compel payment. Why, then, keep up a source of irritation, which could do no possible good, and which could only tend to repel some States from that constitution, which we all ought to endeavor to make the object of general affection? Mr. Southard said, he had yet heard no reason that convinced him that the resolution offered was just or proper. It would be recollected that this contract was made under the confederation. In the establishment of our independence, great and various exertions had been made. In the contributions made, great inequalities took place, which were unavoidable. Generally, where the war existed, the States became creditor States. It was just that those States which had contributed more than their share should be repaid, and that those who had paid less should make up the deficiency. If the debtor States were not to pay their balances, why settle the accounts? To relinquish the payment would be, in his opinion, not only unjust but unconstitutional. The constitution says, "All debts contracted, and engagements entered into, before the adoption of this constitution, shall be as valid against the United States, under this constitution as under the Confederation;" and the present Government had recognized those debts as just. The gentleman from Delaware says, the settlement is not just. But this was barely the suggestion of his own mind. To sustain it, he ought to have shown its defects; but this he had not done. Mr. Mitchill was in favor of the resolution, as he believed a refusal to adopt it would be attended with unpleasant sensations. He judged so from an historical review of the business. The several States had associated together for their common defence, and, in the eye of equity, whatever that defence required, should constitute a common
  • 44. charge. The accounts of expenses thus incurred were not settled till the new Government was established. That Government fixed the mode of settlement; it appointed a board of referees, to report the debts and credits of the respective States. In this report, it was the fortune of certain States, notwithstanding the greatness of their contributions, to be reported debtor States. These States became debtors from the independent spirit with which they asserted their sovereign rights. Not relying on the general contributions, they furnished great supplies without making any charge to the Union; by exerting all their strength, they paid as they went, and preserved no vouchers of what they paid. This, he averred, was the case as to the State which he had the honor in part to represent; a State as willing as able to contribute, and which did contribute to a great extent; but which had neglected to preserve her vouchers, the preservation of which would have made her a creditor State. He believed, therefore, that in equity, the States were not bound to pay these balances. But to this it is replied, the award is final. He would not agree to that; he denied it. Besides, there was a want of coercive power in the United States to enforce those demands. From this consideration alone, we ought to proceed with lenity, and endeavor to make the settlement a peaceable one. As in other circumstances, we ought to make a virtue of necessity. Mr. S. Smith said, he did not rise to take any part in the debate, but in order to bring the subject directly before the committee. To do which, he moved so to amend the resolution as to make it read, "Resolved, That it is expedient to extinguish the claims," &c. Mr. Lowndes hoped the amendment would not be agreed to. He did not see the expediency of volunteering a relinquishment of the claims established against several of the States. The amendment was calculated to take the committee by surprise. The original resolution went merely to consider the expediency of a relinquishment; the amendment involved the principle itself. Mr. Hill was desirous the amendment should not be made, not from any indisposition himself to agree to it, but from a regard to the
  • 45. sentiments of other gentlemen. Even if it was ascertained that these debts had arisen on a just consideration, yet, in his opinion, they ought to be extinguished, from the principle that, in our Government, whatever hazarded the harmony of the Union, ought to be avoided. Precedents were not wanting in which sacrifices were made to this principle. He alluded to the quieting the claims under Connecticut rights. But, whatever might be the general ideas on this subject elsewhere, he knew not a man in North Carolina, who did not believe the adjustment iniquitous. To show the committee how the citizens of that State felt, he would state a case that had occurred before the Board of Commissioners. Two claims had been made, both for the same amount and the same description of supplies, one on one side and one on the other side, of Pedee River; one in North, and the other in South Carolina; and, in one case, seven shillings had been allowed, and in the other, only sixpence for the bushel of wheat. The business generally was entitled to the attention of Congress. It had, in fact, already been attended to at different times. New York had extinguished eight hundred thousand dollars of her balance under certain provisions applied to her case. Mr. Bacon said, if the object of the motion was to go into a new liquidation of the old accounts between the United States and the several States, it would not only take up every day of the present session, but the work would be left unfinished for our successors. These debts had been incurred in a common cause, in which each State was equally interested, and towards which each State was bound equally to contribute. When Congress made requisitions on this principle, they were accompanied by a promise that there should be a final liquidation. This liquidation was made; the settlement was complete. But this settlement is now objected to, and what is to be done? Why we must annul the contract. This might satisfy some of the States, but he was sure it would dissatisfy others. He saw, therefore, no end to be answered by the motion. We must either set aside all that had been done, and begin de novo, to which this body is incompetent, or rest satisfied with what is already done.
  • 46. Mr. R. Williams observed, that since he had held a seat in the House, this subject had been almost every session called up. The more he had heard it discussed, the more he became convinced of the necessity of getting it out of the way. He found that whenever it was brought up, all was imagination. One State contended that it had contributed largely, and another, that its exertions had not been surpassed. We are asked, why relinquish these balances before we are solicited by the States? He would reply that North Carolina never had recognized the debt, and, in his opinion, never would apply for its extinguishment. He was in favor of the amendment, because the principle ought to be decided here, and not in a select committee. What, indeed, could such committee report? There were no vouchers or books whereon the settlement had been made to be got at. All they could do, then, would be to report the balances alleged to be due, which any member could at any time learn. It seemed almost useless to go into arguments to show the injustice of the claim, and of consequence, the justice of the resolution. It had been justly said, that those States which had contributed the most, had, by the report of the Commissioners, the most to pay; and this was peculiarly so with the State of North Carolina. Mr. W. had forborne to dwell on the injustice of these demands. But were he to enter on that branch of the discussion, he should say that the very act of destroying all the vouchers was of itself sufficient to justify any suspicion. He should say, that for what, in some States, there had been an allowance of one hundred pounds, North Carolina had not been allowed twenty shillings. Could, then, gentlemen talk of moral obligation, and say that this was a just debt? Mr. T. Morris said, it was contended that the accounts should be opened anew and re-examined. The fears, therefore, of the gentleman from Massachusetts, were entirely visionary. The resolution was a simple one. It proposes to inquire into the expediency of doing away these debts. The amendment goes to
  • 47. determine the principle here. He thought it proper the principle should be settled here. But gentlemen say they want information. If so, after the amendment is agreed to, they may move for a postponement. If the amendment were carried, he would himself move a postponement. It had been said that New York had had eight hundred thousand dollars of her debt remitted by the United States. But how did the case really stand? New York had availed herself of the act of Congress, not because she acknowledged the debt to be just, but because she preferred doing something to remaining in the situation towards the United States in which she stood. It was strange, then, to hear gentlemen say that New York had been favored. What was the fact? North Carolina, according to the gentleman, had not, and would not, pay one cent; and New York had discharged a greater sum than was due by all the other debtor States, with the exception of Delaware. She was, therefore, instead of being favored, placed in a worse situation than any other State. It was from the existence of this state of things that he wished a final decision to be made this session. New York having agreed to make certain payments to the United States, it was important to her to know whether the United States meant to enforce payment by the other States. Her situation would be truly unfortunate, if after agreeing to pay, the United States suffered her claims against the other States to sleep. She would not only have to pay her quota of the debts, but would see no prospect of deriving her share of benefit from the payments of the other debtor States. Mr. Macon said the subject was a very old one, which had occupied much time every session for many years, and he thought it would be as well to try the question now as at any other time. No information of a select committee could throw any new light upon it. There was a fact which ought to have great weight with the committee. One of the Commissioners who made the settlement, who was a member of this House, had, after the settlement, proposed a resolution to extinguish the balances of the debtor
  • 48. States; and he had stated, as a reason for this measure, that the principle adopted by the board had operated very harshly upon particular States. Mr. M. had it from authority not to be questioned, that in the settlement by the Commissioners, teams, with the usual number of horses, had not produced twenty shillings. This subject had hung over our heads for eight years, and no scheme was yet devised for collecting the balances. How could they be collected? Congress had, it is true, authorized expenditures by the States in the erection of fortifications; but this very act was a tacit confession of the impracticability of getting the money into the public Treasury. As to a settlement with North Carolina, it was involved in great difficulty. In the act of cession of lands by that State to the United States, it was provided that the territory ceded should be pledged to pay a proportional share of the balance due the United States. How could that share be estimated? Mr. M. regretted that this subject had been brought up. He should not himself have been for bringing it up, for he thought the claims of the United States not worth a rush. The truth was, the States had all exerted themselves in one great and common cause; they had done their best; they had acted with great glory. As to the State which he represented, he would ask if the first blood that had been spilled after that shed at Boston was not in North Carolina? and that was the blood of brother against brother. He desired not, however, to make comparisons, which were always unpleasant, but to show that North Carolina had no reason to shrink from an inquiry which would demonstrate that she had fully contributed her share in the common cause, without meaning to assert that she had done more than other States. Let, then, Congress decide at once, and abandon the claims altogether, or devise some plan for collecting them, that we may know how we stand. Mr. Dana said, I hope the amendment will not be agreed to. However gentlemen may be possessed of a wholesale intellect, that enables them to decide on interesting questions without a moment's reflection, I confess I am not blessed with so happy an intuition. I do
  • 49. not know that I have ever been called upon to form an opinion on this subject. As to a reference of it to a committee, I think their investigation may be useful, and after we get that, we may take time to decide. But now the plan is changed, and we are called upon to decide at once the principle. This mode of transacting business may be called an economy of time. You may give it the name, but it is not the substance. For my part, I desire to proceed according to our old plan, and go through the slow process of investigation. This is my way, and gentlemen may rest assured that this mode of hurrying business is not the way to save time, but to lose it. Mr. Bayard declared himself in favor of the amendment, and he could not think, notwithstanding the remarks of his honorable friend from Connecticut, that any gentleman in the House was unprepared to vote upon it. The subject had been frequently discussed, and he believed that the House was then as well prepared for a decision as they would be for a century to come. It involved but a single principle; and, as to information, he could scarcely tell what information was wanted. He felt much of the indifference of the gentleman from North Carolina, (Mr. Macon.) He was sure the United States had neither the right, nor the power to recover these balances; and he repeated it as his opinion, that it had not been the original intention that the debtor States should pay them. Will gentlemen recollect that the commission was instituted under the old Confederation. Had Congress, then, a right to do any thing to bind the sovereignties of the independent States? All they could do was to pass resolutions making requisitions, which the States might or might not comply with. They could appoint Commissioners to settle the accounts, but could they impose the debts upon the States? No, they could not. It, therefore, never could have been contemplated that they would establish those debts. The only effect that could have been contemplated, was, that the creditor States might rely that, on a settlement, Congress would assume their balances. On the question being put, the amendment was lost—yeas 41, nays 46.
  • 50. When the original resolution for referring to a select committee the consideration of the expediency of extinguishing the balances was carried. Ordered, That Mr. Thomas, Mr. Bayard, Mr. Dana, Mr. Hill, and Mr. Butler, be appointed a committee, pursuant to the said resolution. And the House adjourned. Tuesday, February 16. Judiciary System. The House then went into Committee of the Whole on the Judiciary bill from the Senate.[66] Mr. Henderson.—I should not rise to offer my opinion on the great question before the committee, were I not placed in a situation different from that in which I have been since I have had the honor of a seat in this House. The Legislature of the State of North Carolina, one of whose representatives I am on this floor, have seen proper to instruct their Senators and to recommend to their Representatives in Congress, to use their exertions to procure a repeal of the law passed the last session of Congress, for the more convenient organization of the Courts of the United States, and the bill on your table has for its object the repeal of this law, and as I shall probably vote against its passage, a decent respect for the opinions of those who have framed and sent forward those resolutions, demands that I should give the reasons which influence my conduct. The people of America have obtained and established that the powers of Government shall be vested in three great departments; the Legislative, the Executive, and the Judicial. They have said that there shall be a House of Representatives, the members of which shall be chosen by the people of the several States every second year. Though this House is composed of members chosen by the
  • 51. people immediately; though they can have no other interest than the great community from which they were sent; though they must return to the common mass in the short period of two years; yet enlightened America did not see proper to intrust the power of making laws to this body alone; they knew that the history of man, and the experience of ages, bore testimony against the safety of committing this high power to any one Assembly not checked by any other body. They have therefore erected another branch of the Legislature, called the Senate, the members of which are not to be elected by the people immediately, but by the sovereignties of the several States; they are to be chosen for six years, and not for two; and the qualifications requisite to entitle those to a seat is different from that of a member of this House. To these bodies are given the power of initiating all laws; but after a bill has passed both of these Houses, before it becomes of binding obligation on the nation, it must be approved of by the President; it is a dead letter until life is given by the Executive. The President is elected not by the people, not by the Legislatures of the several States, not by either House of Congress, but by Electors chosen by the people. He is to hold his office during four years. This is the second great department of the Government. It will be easily discovered from this cursory view of our constitution, the caution and jealousy with which the people have conferred the power of making laws, of commanding what is right, and prohibiting what is wrong. But, sir, after this law was made, after its authoritative mandate was acknowledged by the nation, it became necessary to establish some tribunal to judge of the extent and obligation of this law. The people did not see proper to intrust this power of judging of the meaning of their laws, either to the Legislative or to the Executive, because they participated in the making of these laws; and experience had shown that it is essential for the preservation of liberty that the Judicial and Legislative authorities should be kept separate and distinct. They therefore enacted a third department, called the Judicial, and said that "the Judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish. The judges both of the Supreme
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