writes me he is fending forward a quantity or
woollen overalls and locks by General Boiler's
orders : I have ordered them to be depofite.l ac
Fort Jefferl'on. Some few Indians about us, pro
bably those the militia fell in with a day or two
ago. .T wo of the levies were fired upon about
three miles off, one killed: two of the miikia
likewise, one oftheni got in, and cite oilier raid
ing, supposed to be taken. 291b, Pyamingo and
his people, accompanied by Captain Sparks u.id
four good riflemen, gone on a scout ; lli.*)' d-j
not propose to return ur.der ten days, unless they
fooncr succeed in ta'-.ing prilotiers and scalps.
30th, the army moved about nine o'clock, and
with much diificulry made seven miles, having
left a conliderable part of the tents by the way ;
the provision made by the quarter-malter for that
purpose was not adequate—three days flour iifii
ed to the men to aid the horses fli.tt carried it to
his arrangements ; the Indian road still with us
—tlie course thisday N. 25. \V. 31ft. Thismorn
ing about sixty of the militia deserted—it was at
firft rejiorted that half of them had gone off,and
that their design was to plunder the convoys
which were'upon the road—detached the firft
regiment in pursuit of them, with orders to Ma
jor Hamtramck to fend a fufficienp guard back
with Benham whenever he met with him, and
follow them about twenty-five miles below Fort-
Jefferfoni or until he met the second convoy,and
ihen return and join the army. Benhain arrived
last night, and to-day, Nov. ift, the army is halt
ed to give the road-cutters an opportunity of get
ting foine distance a-head, and that I might write
to you—l am this day coiiliderably recovered,and
hope that it will turn out what I at firll expell
ed it would be, a friendly fit of the gout come
to relieve me from every other complaint.
Yesterday I was favored wilh yours of ihe 28t !i
knd 29th September, I have enclosed my commu
nications with the old and new contractors and
their anfweis—My orders for the polls to rheni
are not yet definite, but they will be very soon,
in the mean time I expect they are both at work.
With great refpeift 1 have the honor to be,
Sir, your moll obedient servant,
ARTHUR St. CLAIR.
The Hen. Maj. Gen. Knox,
Secretary of War.
cROld THE WINCHESTER (VIRGINIA CI ST IX EL
AFTER Gen. St. Clair's army left FOl t-V/afh
ington, they eredted two forts, the fiiit of which
is called for Hamilton, the second Kort-Jeffer
fon—that*, within about ij miles of the Maumee
towns, they halted for the purpose of erecting
a third—that the savages hovered round their
camp 011 the day preceding the aiftion, which
caused the troops to lie on their arms duiing the
night—that the former began the attack about
day-break—that the carnage was great on both
fides—that two troops of light horse cut their
way through an imineufe multitude of the sava
ges, and finding a ftilf greater number in their
rear, \vere compelled to leturn in the fame man
ner—that the gallant Colonel Darke cut his way
thro' parties of the savageS three different times
—that the artillery was captured by tbe ene«>y
five, and recaptured by our troops four times
that Gen. St. Clair was lying ill of the gout in
his tent during the unhappy conflict—that his
guaids prevented fouie of the Indians from en
tering the tent, to butcher him, by mere dint of
the bayonet—that many of the enemy fell in this
that some women are among the
Haiti oa the p?rt of the Americans.
The Chickafaw Chief, Mountain Leader, with
42 warriois of that nation, pafled through Lex
ington fonie time in (Mober last, on their way :o
jjun Gen. St. Clair—that at the time of the acftion
many of these were prefcnt, who fought with
great bravery on the part of the Americans, but
the Mountain Leader himfelf had been sent by
the General,- some days previous thereto, as a
pilot to a detachment of the army, which was or
dered ag3inlt some of the enemy's towns.
LONDON, September 50.
I '■- famous Baron Trenck, whose pension
-*■ the Emperor had augmented from icoo to
1500 florins, on condition that he engaged under
his hand not to publish any thing either in the
Auflrian dominions or elsewhere, has been guil
ty of an unpardonable breach of faith. Noi'oon
ei was lie arrived in Hungary, than at Buda he
committed a w>,ik to the p tfs in favor of the
French Revolution, in which he had the temeri
ty to declare, that the convulsion of the French
ought to fei ve as a model for o'her States, and
that himfelf had contributed much to the Revo
lution.
The Hungarian government having feiaed his
pcrfon, lie was conducted to Vienna under an
efco'tof twelve grenadiers, and is put into the
madjioufe, where probably he willendhis days.
J he Princes of the German empire have refer
*«•!• the "^ o!e °f ,htir concerns refpeifting tlie
a . f r °f France, and the proceedings of the.Na
tlonajAflembly to the Emperor, \vi h a promise
CeVerh€ 111311 advise in that
CONGRESS.
PHILADELPHIA
HOUSE OF RE P R ESE NTATIV ES,
WEDNESDAY, DECt:.i3Er. 7, 1 791.
i n committee of the whole,
6/; //,(? Pefl-Qjficc Bill.
("CONCLUDED.) - — _ y .
/l/r. Sedgwick's motion under conftdcratioa.
MR. MADISON Giid that the arguments which
are offered by the gentlemen who are in
favor of the amendment, appear to be drawn ra
ther from theory rather than any line of prac
tice which had hitherto governed the house.
However difficult it may be to determine with
precision the exuift boundaries of the legislative
and executive powers, he was of opinion that
those arguments were not well founded, for they
admit of such a conftrncftion as will lead to blend
ing those powers so as to leave fio line of separa
tion whatever.
The greatest obstacle to the due exercise of the
powers vested in the legiflatiire by the bill, which
has been mentioned, is the difficulty of accom
modating the regulations to the various interests
of the different parts of the Union—and this is
said to be almost impracticable—but it may be
remembered, that finiilar einbarraflments appear
ed u hen the inipoft and tonnage bills were under
confidei ation ; on those fubjeifts, the members
were obliged to be governed, in a great degree,
«by mutual information and reciprocal confidence,
in respect to the ellablifhment and arrangements
of the different ports of entry and clearance, and
other objedts—that was a bnfinefs of much greater
importance and difficulty than this; but it was
accump'ifhed.
1 he conflitution has not only given the legis
lature the power of creating offices, but it exut efs
ly reft rains the executive from appointing offi
cers, except such as are provided for by law. As
has been well observed by the gentleman from
Delaware, the President is inverted with the ppw
er of filling those offices—but does it follow that
we are to delegate to him the power to create
them ?
The referenceiotheappointnients and arrange
ments made by rlie executive, pursuant to the
powers delegated to the executive by the excise
law, cannot be considered as a parallel cafe; no
liinilar exigency exilts to jultify a similar delega
tion. rhe danger of infringing on the powers
of the executive, which has been suggested, and
the caution to the house againtt touching on the
appointment of officer*, is a species of reasoning
on the fubjedi, which may be carried so far as to
fay that we ougjht not rt> make any appointments
by law—and yet this has been done as in the in
(tance of the appointment of the commiifioneis
• for purchasing in th© public debt, all of whom
were appointed by the atft making provision for
the rcdutftion of the public debt.
Where is the necelfity of departing from the
principles of the conltitution in refpecft to the
poll-office and :ioft-roads, more than in all other
cases ? The fubjet.l is expressly committed to le
gislative determination by the conltitution.—lf
the second fecftion of the bill requires amend
ment, it can be rectified when it comes before
us; and with refpecftto future cases, (hould there
be a necefiity for additional post-roads, they can
be provided for by fuppleinentary laws—and
therefore no reason on that account can be urged
for delaying the provision proposed by the bill.
He concluded by faying that there did not appear
to be any neeefliry for alienating the powers of
the house—and that if this (hould take place, it
would be a violation of the Constitution.
Mr. Sedgwick said he would make a few ob
servations, which he felt himfelf obliged to fub
init to the confiderarion of the committee,as well
to defend himfelf as his motion, from the unwar
rantable attacks which gentlemen had made on
both.
The powers of the constitution, he was sorry
to fay, were made in debate to extend or con
tract, as seemed tor the time being to suit the
convenience of the arguments of gentlemen
The member from Virginia, (Mr. Madison) had
discovered an additional quality of unconftituti
onality involved in the motion under considera
tion. It was, that the creation oj offices was by the
constitution confined solely to the Ugiflature This
position was undoubtedly jult, if by it was meant
that the powers and duties of offices mnft be defined by
i law But he understood the gentleman to ex
tend his meaning much further, and to have de
clared in substance, that all offices, however fubor
dtnate and dependent, mujl be numerically provided
Jor by law.—The gentleman had, with his ufuai
266
ot Ins princtpteto the power wiii<ii on-the fam.
fubjett had been delegated by the excise law !r
which the executive w:.i anthorifed to j.atce/-'-'
whole country into diitri&s, and to appoint f„
various ulEcers neceffai y to execute thj bufin •
Nothing more was in tTiat inllance done tl
to define the powers and duties annexed to th
offices, but the li=nits to wliicm their authorirv
was to extend ; and their i> mber was Ve -v ~r o.
perly left with the ex-;s ve. J., t j lat inltaiite*
■ Juch a delegation w is indispensably neceilan
»>•' '-yas it, in his opinion, lef's necVliary in th"
iiiuh It. iiyis nri inijemtn l - of j>oft-o:ficcs, 7 'ml
gen tie in an had supposed this lieceiiity had ii M !
;nli life jollified the expedients ; if so, the lb,; »
conclusion might be drawn 0 ,. Uie present
fion. But, for Ins part, if he ihonlrt aflh.nc tha;
member's opinions, he (houldbe incapa'olcof J--
riving consolation from the fame source ; _fT
(hat there never had as yet been, ai.d probably
never would exist in the administration of tin*
government, a necessity so urgent as to authorii
an iifurpation of power. The motion before the
committee was constitutional, or the reverse—is
the latter, the fame was true of the exiftinn- aifi
in the instance alluded to. That in either in
stance, a supposed necell'ity could not jultify tii e
infraction of a constitution which the members
were under every obligation of duty, and their
oaths solemnly pledged, to support. Gentlemen,
laid he. should be nery cautious how, on flight
grounds, they aOent to principles, which, if t«ev
were true, would evince that the governmejji:
had scattered through the whole country, officers
w ho are daily seizing on the property <.f the ci
tizens, by the afTumption of uitconltitutional
powers
He said it was true, as had been observed by
his friend from New-York (Mr. Benfon) that it
was impoiiibie precisely to define a boundary
line between the bnfinefsof legislative and ex
ecutive ; but from his own . experience as a
public man, and from reflection, he was indu
ced to believe, that as a general ruie, the efla
blifhment of principles was the peculiar pro
vince of the former, and the execution of them,
that of the latter. He would therefore, at least
generally, as much as polfibie avoid gainer imo
detail. In adopting this as a general rule of
conduct, he 'was not influenced by considera
tions which gentlemen in opuofition to his mo
tion, had fuggelled ; the pre-eminently great
and good character of the man who was now
called by unanimous fufFrage to administer the
executive.—For he had always considered that
with fagacioas minds, that filould be the feafou
of political caution, when the executive was in
the hands of one to whom all hearts justly bow
ed. From the nature of the business to be tranf
afted, he had drawn his conclufijn ; he thought
an executive officer refponlible to the public for
the performance of an important and interesting
trust, would enquire with more scrupulous cau
tion, and decide with more jullice, than could
be expetfed from a popular aflembly—who from
the nature of things, would be more remiss than
confided with a just determination ; and he ap
pealed to those gentlemen who were members of
the last house, for a recollection of that apathy
and torpor which prevailed on a former attempt
to demark the poll roads.
He observed that the opposition to his motion
on the ground of unconttitutionality, came with
an ill grace from the gentleman who had report
ed the bill ; for by one fedlion, the poft-mafter
getieral was expressly authorised toeftablifh poft
roads not provided for by the bill, upon a con
dition that does not at all affeci the present ques
tion ; and by another feiSion, the iame officer
was authorised to appoint unrestrained all his
deputies, each of whom is to eflablifli and keep
an office. This, in his opinion, was not only
expedient but indispensably neceiTary. It was,
however, a delegation of power, attended by all
thole circumstances which rendered in the opin
ion of that gentleman, the present motion un
conllitutional.
He said, no gentleman had contended for car
ryinginto execution the principles they attempt
ed to establish, to an extent to which they would
go.—That no nad can be a pefl road but such as foall
be ejlablijhed by law. The bill establishes the
road from place to place, leaving the interme
diate didance untouched ; as for instance, from
Boston to Worceiter : Between those two points
is, or is not a poll road, if the bill fhowld become
a law, established ? If the former part of the
dilemma is embiaced, then also by the motion,
if adopted, will a polt-road be eftablilhed from
Maine to Georgia. For he ftippofed it impos
sible to make any well founded distinction be-
tween the one cafe and the other. Ilis motion
then would as effectually eftabliih a post-road
in ihe intermediate space us the bill in its pre
tenr form ; and all the objections which had
been made to the former would apply with equal
force to the latter.
Gentlemen, he said. had spoken in ftrongterms
of the dilintereftednefs, information, and res
n, fuiefa: