%\)t <ESay ttc»
PHILADELPHIA,
FRIDAY EVENING, July 7. '
THE modest Mr. Bacile, in bis paper of
this Morning, has, -with his ufudl regard to De
cncy and Truth, endeavored to impress a be-
Tie/ that the deiefed Jacobin, PLOUNT, of
the " virtuous" minority in the Senate, is one
of the " British fcaion" j as this RctuUer of
Sedition denominates the friends of their coun
try in the admimflration of the Government.
Blount was, indeed, " one of .the late
Pre/ident's officers" ; and like ALL who mere
feleßed from the party to which he ever belong
ed, he has given evidence thai those who op
pafi the free government of their country, and
its atlmin'flraiion, are uncheckedLy Moral con
fideratioHS. Tr> oppose, thwart, misrepresent,
and defame a government, refling on Confidence
\ alone, thereby to dejlroy this confidence, has
been a. game as.of ten repeated as free govern
ments ha ve been deflroyed. The late President,
fiduced ly hie own consciousness of integrity,
and mijed by the hypocritical pretensions of'the
Antifederalifls, to superior attachment to liber
ty, the Conjlant tant of diforganizers, appoiv,'-
ed to 9 many of them to offices of importance.
And whr.( have been the returns ? While he
continued in office, they confiantly endeavored to
■'excite opposition, ty mifreprifentation andfalfe
hood;—their malignity has folk-wed that
father cf his country to his hallowed retire
ment. And this friend of General Washing
ton, as the honest Bache wijhes he should be
believed, endeavors, bycajling " all the blame
on the late President", to give himfelf conse
quence, ly " exciting ike savages againfl our
country. 0 shame I'when wilt thou rejlrain
the votaries of feditioei ?
This infamous tranfaaion is, at present veil
ed, iV fame degree, with myflery When the
whole of the Prrfident'f communications /hall be
published, it will be obvious, that the objects of
the traiterous combination were not confined to
the application to the British Mvificr, but that
that application ttfelf was dfigned to produce
ej?Bs which should defeat the execution of our
treaty with Spain, and it has. fa far, at leafl
for the present, succeeded. The probability is,
that the principal agent, Blount, -was an in
s rumen.' in the hands of wily Frenchmen.
That it was hoped the bait would succeed as it
refpecled Great-Britain, and thereby involve
us in hof.ility with that country ; and for this
it is probable they relied upon our prejudices a
gairflthat nation—At any rate, it was believ
ed, that it could not fail to excite fear and jea
lousy in the Span 'tfh government, and probably
might facilitate the cession of territory to France,
of which we have heard so much, and which
we know is so ardently desired.
Refpeaing Mr. Blount, it is a faß well
known, that he has invariably attached himfelf
to the oppofers of the admimflration—that on
no national quejlion has he ever voted with its
friends —that his personal associations have ev
er been consonant with his votes—that during
the laH winter his house was the rendezvons of
those who were canvassing for the eleßion of
the Correfponaent of Mazzei to the Preftdency
—that there has been a corfiant and open inti
macy between him and the French and Spanish
agents here ; and it is believed that he is not e
■«en personal ly known to the British Minifies,
but that all bis applications to him were made
by other men andin other names. '
Juflice demands that it should be added,
that Mr. Liflon gave no encouragement to the
proposals, but repressed the firfl advances ; and
that in his official communications, the reasons \
which influenced him in declining, produced a
rejection of the proje3 by the Britijh admiuif
tration.
July 6.
• COMMUNICATIONS.
That pure and incorruptible patriot, th« Editor
of thd Aurora, in order to raise a dust to cover the
ignominious flight of one of tii * faction, and di
vert the public attention from the objed to which <
_ .it ought, and r.eyerthelcfs will be dirt ded, viz. the
urif<undnc*fs of the pretended patriots—has with
his accustomed candor, attempted to pass on the
pobiic a !>afe misrepresentation refpediing the Bri
' rift) miniftcr. No other refutition is necelfary,
than the publicatian of Mr. Dillon's letter.' One
, thing in Bache'silatcment is remarkable. " What
are we to think (fays he) of -those Americans, who
have been 01110 iamiiiar a footing with him," (the
British mihiftar.) Hah ! it is something fulpi
ciousthen, to he 011 a familiar footing with an am
balTador ! 1 hose who know that Bache never made
love to all the French ministers that have come to
America since their revolution; that his houfc was
not open to and frequented by them, and theirs by
him at all h?urs, and particularly at midnight—
will at once perceive the peculiar propr : ety with
which a remark of this kind comes from .him.
Men ef glass ! throw no stones.
*lt h believed that this Mwtb P'uteof the Ja
cobin Fiflion is father confeffor and privy counfel
to mod cf illc tejftr gudgeons ami.ng the Rrprr
ftmtttin tf frjnu in an American Council of One
Hundred.
■ fkefublhnc Theory of the celebrated
irankkfi realised. ' '
MR. MAISON, lhcw his gratitude
t3 the refpetftable Companies who do him
the honor to be present every evening at the Philo
fcphical and Jdtchanical Expedients, executed by
three artificial per/ons, informs the lovers of arts
and fciencen, that THIS tViiNING, the 7th inft
the're will be a furpriftog addition to the Phllofo
phicat Experiments, which are ioalily exccuttd by
the artificial Lady: after having fired the Cannons
de Valta, Incited metals through means of her in
flamed brcaft, &c. &c. (he wijl direct the eledtric
fire os. a building, which, being provided with a
pointed will remain perfedly'l'afc, but 1
Suving applied alnetalic ball to the point, a fecpnd ,
ilroke of tht elcdtric fre will fa 1 011 the fame, and
lieftroy it imlantaneoufly.
This oifcoveiy alone is fufficientto insure to the 1
celebrated Franklin an undoubted right to the gra
titudc of the public : it is ill the country of this
great man that an European I'hilofoph r (who al
ready at Palis obtained marks of his efteern) will
repeat thio beautiful experiment, beiarc his worthy
fel'ow citizens, in order to celebrate and horior the
men. "y of its author
Thefc experiments will continue every Monday,
Wednesday, a-r.d Friday evenings, at 8 o'clock rre
cifcly, in the dancing-room of Mr. M DouclaH,
in Fourtli-ftrect, between Chefnut and Walnut
greets, and will be varied and augmented.
Entrance half a dollar—Children, one quarter ol
*4«fer July 7. —oiw&ftf
OF THE UNITED STATES.
Piiblijhed by Authority.
FIFTH CONGRESS
OP THE UNITED STATES. I
♦
AT THE FIRST SESS;OT>",
' Piq'un and held at the City of Philadelphia,
ir. the State of Pennsylvania, on Mon
day, the fifteenth day of May,
one thousand seven hundred
and ninety-seven.
, An Aa for reviving and continuing Suits arid
( Process in the Circuit Court for the Diflrlß
, of North-Cdrolina.
WHEREAS, a fulTicient quorum of
judges did not attend to lipid the
• circuit court, for the diftridt of North-Caro
• lina, for the purpose of doirtg bufmefs in
' June term, one thousand seven hundred and
- h:nety-feven, in consequence whereof, cer
t tain provisions are now become neceflary and
- expedient, to prevent a failure of juftire in
- the said court. •
f Sedlion 1. BE it therefore enaUed by the
t Senate and House of Representatives of tfe
United States of America, in Congress affem
r bled, I'hat it ihall and mgy be lawful for the
1 diftrift judge of the slate of North-Carolina,
to direct the clerk of the said court, to issue
- such process for the purpose of causing per
f sous to be summoned to serve as jurymen at
- the said courts at the term to commence the
t thirteenth day of November next, as has
» been before iff tied by the- clerk faid
f court for the like purpose, returnable to
■ June term, one thousand feyen hundred and
ninety-Jeveri ; that the persons ordered by
? the said process to be summoned for the said
> purpose, shall be ordered to be summoned
■ | in the fame proportion, and from the fame
• counties, as those persons who were ordered
' to be summoned for the like purpose, by.
- process returnable at June term, one thousand
' seven hundred and ninety-seven : Provided,
• that if it shall appear expedient, to the said
- ' diftrid judge, that a different time of ro
- ! tice shall be prescribed, than that hitherto
' : prescribed, he may cause such other time of
> notice to be direfted to be given, as to him
' ftiall appear mod conducive to justice, aud
convenient to the persons to be summoned :
I And. the marshal is-hereby directed to cxe
' cute the said process, so to be issued ; and
'■■ j. the persons who shall be legally summoned
' to attend as jurymen, in consequence there
• ; of, are 1 ereby required to attend the said
' court, under the like penalties for difebedi
r ence, as if the said process had been ordered
r to be issued by the said court, in the ordina
' ry method of proceeding ; and the marshal
■ and the persons who (hall attend-as jutymen,
1 • in virtue of the said process, so to be issued,
■ i shall be entitled to the like allowances for
> ; their services, refpedtively.
Scftion 2. And be it further enaHed, That
all suits and proceedings, of what nature or
kind soever, which have been commenced
' in the said court, and not fmifhed, shall be
proceeded on at the ensuing term, in the
| fame manner, and to the fame effeft, as if
: the said circuit court had been regularly held
for the purpose of business in June term,
one thousand ' seven hundred and ninety
feven, and continuances had been regularly
entered, of all suits and proceedings of the
said term, in which they were depending,
in the usual manner of proceeding, as the
cafe might be.
Section 3. J!nd be it further enaded, That
; all writs and other process sued out of the
clerk's office of the said circuit court, accord
ing to the accustomed method, bearing test
in November term, one thousand seven hun
dred and ninety-fix, or J%ne term, one thou
sand seven hundred and ninety-seven, shall
be held and deemed of the fame validity and
effeft as if the term of June, one thousand
seven hundred and ninety-seven, had been
regularly held by a judge or judges compe
tent to do business, and continuances in ,re
fpeft to suits or other process returnable to
the last mentioned term, had been regularly
entered.
JONATHAN DAYTON,
Speaker of the House of Representatives.
THOMAS JEFFERSON,
Vice Prefideilt of the United States, and
President of the Senate.
JlpproveJ, July. <,' 17Q7 :
JOHN ADAMS/
President of the United States.
Deposited among the Rolls in the Office of
the Department of State.
TIMOTHY PICKERING,
Secretary as State.
An A& to continue in force', to the end of the
next Session, cersSin Aas, andparts of ABs,
of limited duration.
BE it enaßed by the Senate and Hoife of
Representatives of the United States of
America, in Congress assembled, That all
laws of the United States, and parts of laws
now in force, and which, by the terms of
their limitation, will'expire with the end of
this session of Congress, shall be, and hereby
are continued in force, until the end of the
next session.
JONATHAN DAYTON,
Speaker of the House of Representatives.
THOMAS JEFFERSON,
Vice-President of the United States, and
President of the Senate.
AptruVed, July 5, 1707 :
JOHN ADAMS,
President of the United States.
Deposited among the Kelts m the Office of tie
Department of Slate.
Timothy Pickering,
Secretary of Stats.
C a N ,G K £ S S.
HOUSE of representatives,
Monday, July 3.
Mr. W. Smith, proposed a resolution,
appropriating a sum of money for creating
goals iu those States, in which there are not
fufficient ones at present, for containing the
prisoners of the United States.
Thispropofitionvvasoppofedonihe ground
of its being no way conne&ed with the pre
f-nt session, and -negatived without a Ci
vilian.
The bill for laying a (lamp duty was read
a third time, and the blanks filled up, viz.
that for fiijng the time of the a£t's taking
effe£t, with the 31ft d n y of December next
—the fine ami imprisonment for counter
feiting stamps, See. with 1000 dollars and
7 years iraprifonpiAt ; and the time for
which the duration of the act was limited,
with five years.
The yeas and nays upon the palling of
the bill were'as follow :
YEAS.
Mtffrs. Aljen, Bayafd, Brookes, Coch
ran, Coit, Craik, Dana, Davenport, Den
nis, Der.t, Evans, A. Folter, D. Foster,
J. Freeman, Gillefpje, Glenn, Goodrich,
Gordon, Grifvrold, Hanna, Harper, Hart
ley, Hindman, Holmer, S. Lyman, Ma
chir, Matthews, Morgan, Morris, Otis,
Potter, Reed, Rutledge, Schureman, Sew
all, Shepard, Sinnickfon, Sitgreavss, J.
Smith, N. Smith, W. Smith, (Charles.)
Thatcher, Thomas, Thompson, Van Alen,
Wadfworth, J.. Williams- 47.
NAYS.
Messrs. Baer, Baldwin, Baird, Benton,
Blount, Bryan, Burgess, Cabell, Champ
lin, Claiborne, Clopton, Clay, Davis, Daw
lon, Elmendorf, Fowler, Gallatin, Havens,
Holmes, Jones, Livingiton, Locke, Lyqn,
Macon, M'Clfuachan,M'Dovvell, Milledge,
New, Nicholas, Parker, Skinner, W.
Smith, (P.) Sprigg, Standford, Sump
ter, A. Trigg, J. Tiigg, Van Cortlandt,
Varnuni, Venable, R. Williams— 41.
Mr. Gallatin moved the order of the
day on the bill making additional appropri
ations for the year j 797.
The houfc accordingly went into a com
mittee of the whole on this fubjeft, and the
blanks of the bill were filled.
The firft five items were agreed to with
out objeftlon. On Mr. W. Smith's pro
poling to fill the 6th item with 60,000
dollars,
Mr. Nicholas, called for the reading
of the particulars which composed this sum.
They confilted of the falai-y and outfits of
Ministers to France ; to Prulfia, and to
the Barbary powers. Mr. N, wilhed the
sum mentioned to be forthe tyfinifter of Ber
lin, viz. 13,500 dollars to be deducted from
the 60,5 ro, as he knew of no pollible use
that a Minister to Berlin could be of. He
thought the present extension of foreign in
tercourse was far too great ; he wished
much to fecit narrowed, andtrultcd it would
be done at the ne*t feflion, as the law on
that fubjeft would then expire. He "wish
ed, therefore, to reduce this sum, in order
to to fliew their wish to have the business of
foreign intercourse circumscribed. He mo
ved to fill th>; blank with 47,000 dollars.
Mr. Harper thought it was too late for
the gentleman to talk in this manner, bc
caufe a sum of money . had uniformly beeu
appropriated for the purpose of foreign in
tercourse. It. was extraordinary, therefore,
that at this day, if there were no good reasons
for it, that lhey (hould now be called upon
to depart from their usual praftice. He
hoped it would not meet with the approba
tion of the house.
Mr. M'DoweLl was opposed to voting
any considerable sum for this purpose. It
might have been proper heretofore : but he
could fee rio reason at present for entering
into treaties with nations with whom we
neither had, nor could have any considera
ble connection. He wished to pAuse before
they agreed to this measure ; because, if a
greed to, he expected it would hereafter be
produced as a reason why they should extend
the business Hill farther.
Mr. Nicholas said, the gentleman from
S. Carolina seemed' to have miltaken him.
He did not propose to ftr/ke out any thing
which had heretofore been agreed to, but
whpt related to a further extension of our
foreign intercourse. Of the four northern
powers, he thought it was least necelTary to
have any connection with Prufiia j Ihe Was
in a situation to favor us less than any other
power. If a new treaty were entered into
with Pruflia, he supposed it would be next
proposed to have one with Sweden, Den
mark and Rufiia, as we had a much greater
commercial conn«£tion witb those powers
than with Prulfia. As to their having once
agreed to go into this business of foreign in
tercourse, it was no reason for continuing
it after they were convinced the fylletn was
injurious to the welfare andhappinefs of this
country.
Mr. W. Smith said, this motion invol
ved in it a very delicate conlideration. They
were called upon to vote for a less sum thai!
that estimated, upon the ground that
President had done wrong in fending a min
ister to Berlin. His colleague was right,
when he said this was running counter to ef
tablilhecLrule. He thought it would be con
trary to the spirit of the constitution, be
cause the power of judging of the propriety
of fending mi Mitel's to foreign 'countries rest
ed with the'Prefident and Senate ; but this
house conceiving they had made an injudi
cious exercise of that right, fay they will
withhold the necessary appropriations ;
which, he said, would be fxercifing a pow
er over th.t branch of government in which
the constitution had alone placed the power
of doing the
that the President having sent a minister to
Berlin, they were as much bound to appro
priate money to pay the expense, as they
were bound to provide for the salary of the
President, or of the judges. Some gentle
men, however, thought, that fueh a litua
ticn might exilt, rt> would juft'fy the with
holding of epprojniiftons. Admitting that
there might be fueh a situation, a question
would arise whether it should be done by
withholding an, appropriation, by impeach
ment, or by a vote of eenfure on the Presi
dent. For if that House were to arrest an
appropriation, be supposed the Senate would
not fuffer the bill to pass without it, and un
lesS they came into the opinion of the Sen
ate, no bill could pass.
He found Ir.mfelf embarrassed in discus
sing this question, bccaufe it was not their
province to adduce reasons for fending a min
ister to any particular place ; but he thought
if it were desirable we lliould have a minis
ter at any foreign court, it was that of Prus
sia ; and from the connexion which fublift
ed between that monarch and the French
republic, he should have supposed that those
gentlemen who wilhed so much to harmo
nize with the French Republic, would not
have objedted to the fending of a minister
there.
The treaty we formerly had with Pruflia
was expired, and he believed that court had
requeued a renewal of it ; the President had
also recommended it in his speech at the
opening of the feflion ; and there might exist j
reasons for it which were not proper
laid before that house. He agreed frivA pri
ma facia there appeared to be a jjifeter pro
priety for us to enter into tre; / with Den
mark, Sweden and Ruflia than with Pruflia.
We had a treaty with Sweden about to ex
pire ; and it was riot improbable that the
gentleman fer,t to Berlin, might also be em
ployed in making a treaty with Sweden. If
gentlemen had intended to make the present
ferions opposition to the measure, he thought
it would have been more candid to have
given notice of the intention, that gen
tlemen might have been prepared to meet it.
Mr. Gallatin said, it was rather An
gular that the chairman of the committee of
ways and means should be unprepared to
meet any opposition to this measure, since
he knew that several members of that com
mittee were opposed to it, and he mult there
fore have expedted that they would have
moved to appropriate a less sum. But it
appeared as if the gentleman wilted to make
a very serious question of what he considered
as merely incidental, viz. whether they
should vote so much money, or a less sum.
He believed he should shew it was of little
importance.
I In relation to the constitution, it was
merely said that the Prefi dent should have
\ ppwer to appoint ministers, ambafiadors, &c.
but, by the power to appoint ministers,
could never be meant that he had the power
to fend ministers to all the courts of Eu
rope, and to all the principalities of Germa
ny, and call upon that house only in an indi
rect way to agree to the appropriation. As
to the'power of appointing ministers, it was
a new power gfiven to the Executive by the
present constitution. The firft Congress
took up the fubjeCt. They might have said
there should be four or fix ministers employ
ed. They did not do this ; but they de
clared that the salary of a minister lliould not
f :ceed 2,000 dollars, nor his out fit a similar
f n, nor the whole 1 annual expense 40,000
dollars. By this check they divided the
power with the Executive ; and if this pow
er were not ailed upon, it would have been
absurd to have given it to them. He did
not look upon the present question as by any
means a constitutional one. The President
had appointed a minister for Berlin, for rea
sons best known to himfelf; and the question
betwixt them was, whether the appointment
was a proper one.
They had been yearly called upon for
additional appropriations for this object :
if they thought it necelTary to check this
fnirit for foreign connections, or were de
termined not to renew the law relative to
foreign negociations, it would be right to
agree to the proposed reduction. As to
impeachment, or eenfure, they were out of
the question. The President thought a mi
nister to the court in question would be of
some use ; they thought differently, and that
the money would be more valuable. Where
was the cause of acufation ? It was merely
a difference of opinion.
Another collateral argument of the gen
tleirtan from S. Carolina, related to what the
Senate would do. He did not think it par
liamentary to fay the Senate would do this
or that.
1 - To enforce the propriety of fending a
minister to Berlin, the gentleman from S.
Carolina had suggested two reasons, viz. the
'of the President, and the
of renewing our treaty. He did
not think a renewal of that treaty would be
of any advantage to us ; nor did he think
any gentleman was anxious about it. By
that treaty the United States were prohibit
ed from fitting out privateers in any cafe.
But he thought that gentleman had used a
strong argument againji fending a minister
to Berlin. He did not know how far the
the gentleman was well informed ; bi)t if the
object of the minister was to prevail upon
the king of Pruflia to obtain an accommo
dation for us' with France, he thought it
would be the worst policy which could be
adopted. Such an offer of mediation would
not be likely to produce an accommoda
tion. [Mr. S. said he had mentioned this
merely as a suggestion of his own, without
any authority.}
Another consideration, Mr. G. laid, in
duced him to be in favor of reducing the ap
priation was, that the money was altogether,
unnecessary. He did not suppose the gen
tleman from S. Carolina vvilhed to appro
priate for ministers/ which had no existence,
and the money now asked had been appro
priated already in full. It was true it was
appropriated for a minister to be sent to Por
tugal ; but none had been sent there, so that
the money remained unexpended, and the
fame gentlemen intended for the former em
bassy, was now employed on this. The fact
was that their appropriations for foreign in
tercourse were not particularized, but made
in gross. There was. therefore, a fufficient
sum of money in hand, iince the oEjeci ha 3
merely been changed.
Mr. J. Williams argued in favor cf tits
larger fuhi, as it had been' usual to- appro-'
prial< money to pay the expense of any mi- 1
nitter Vvhi'ch the Prefiden - . (accordingto the '
power placed in him by the conft't-utioii)
though? it neteifary to fend abroad. He
thought it might He attended with bad'ccn
ftquences to withold the appro- -
priations for this [purpose, especially when
a miniiler had already been appointed.
Mr N. Smith iai 1 tTi*i>
had agitajed i\c house ever since the gentleman
fiom Pennfyl,vania came into five government ;
as it had been ins eonjtant endeavour to swallow
up the executive power in that lioufe- For cer
tainly, if that hoUse had the powir to approp-i
---ate'or r.ot to appropriate, to deflroy, or support
the appointment of a miniiler, at their pleal'ure,
it was terta'|i that the executive was r-o longer
an independent branch of government. Mr. S.
'said, as he wilhed to preftrve the government
pure, he should always bear teitimonv ag.inft
such a doQrine. He considered the executive
as the sole judge as to the propriety of appoint
ing fc tien ministers ; and being sole judge, that
houfc had no rtgh-t to judge over his head, any
mote tljan over the head of the judiciary ; and
w>. *-?ver any one branch of government fhalJ
ptciume to judge over the head of another,
'liore was an end to 1 lie' puritv of ouf' system.
, Mr. Baldwin spoke < f the ground upon
which this business was originally fettled. He
laid '.hey determined not to lay to the President
to what place a miniftej should be fern, or what
quality of miniiler fhou.ci be appointed; but t}iey
stipulated the quantity of money to be expended.
At the tim* the furn was firft enlarged, a parti
cular urgency ex'ift: d. He looked upon the ex
tension of this power as unfortunate for this
country, and he IhouM be against its going far
ther. The gentlemap from Conuedticut had
therefore difturbedhiralelfunneceffarily, when he
thought this doilrine was of recent date ; it waa
certainly as old as the government.
Mr. Thatcher. thought'the gentleman last
up was mistaken. He did tiot believe that bv
confiniug the expenditure in'rdpefl 1o fpfeigu
neget iations to 40,000 dollars,- it was. meant to
irammel the powers of the President; but that
the ftm was granted because it was thought it
would be fuflkiem for.tl»e purpose. He had no
idea that they had a light to 1 the Presi
dent in this refpeift.
Mr. SeWAll ct nfidered this qurtiion of so
much important* that heccpld not refrain from
delivering his opinion upch it. He mGft«d upon
the conllitutien being char in placing the pow
er in the executive, and that the appointment of
miniftera liood upon the fame ground as the ap
pointment of the judges of the federal »ourt.
The question, he said, l'eemed to c6nie to this:
Whether the Prelkeflt Ihould obtain an appro
priation from that lioufe, before he proceeded.to
appoint a irinilter A dosrir.e cf th; 3 kind
would beextrem ly inconvenient, finite Congress
Were only in feffi&n at certain period., whereas
it could not be said at what precift time it should
be neceflary 10 fend a miniiitr to a foreign coun
try. If the President should be guilty of exces
sive ill conduiH, gentlemen would do well to
come forward and fay he had done wrong ; but
even in that cafe, he should be doubtful whether
that house would be juftified in refefing an ap
propriation ; as it would be neeeflary to punish
the Prefioeot in a different way .• for in refufijig
the neccifary money, the perfon 1 employed on
the embalf) would be punilhed, and not the Pre
sident.
Mr. Gallatin wilhed the gentleman from
Connefl'u ut instead of being angry, had attend
ed to the fa<ft wtlich he bad itatid, viz, that,the
money asked for was already appropriated, tie
wiflicd alio that lie had. enquired into the fa&
whether at any time they had appropriated for
the'expence 01 niiniflers before they existed. If
they were found to appropriate, thtv wure not
bound to appropriate what was before
them. He did not believe that even rhe.gentle
man from Coanelticut would fubferibe to this
doctrine.
As to what the gentlemen had said rela
tive to what had takenplacclirtCe he came
into that houfe,-he ws? altogether.
In addition to what- had becij said to the
gentleman from Georgia, .he would afkwhy
the law of 1750 was limitted for two years,,
if r.ot meant to check the,power of the Pre
sident ? If Congress had beep of opinion that
they were bound, they would have made a
permament appropriation as in relation to the
public debt.
If, because they differed in opinion, they
were to charge each other with subverting
the government, there would be an end to
business. He gave the C6nftitution a con
ftru&ion whifch he thought right; that
gentlemen, he supposed, dicl the fame, and
though in his opinion, his doftrine brought
all legislative power into the hands of the Ex
cutive, yet he would not charge him with a
ny other than good intentions.
With refpeft to the judges of the Su
pre le Courts the President had the power
only to appoint them, their number was
fixed by the legislature ; so that there was
afimilar check in both cases. He thought
the true ground was the'expediency of the
business. •
Mr. Harper asked whether that house
was pofiefied of all the information necefia
ryto form a judgment of the propriety of
this measure. Gould they fay with pro
priety, that a minister ovght riot to be sent
either to Lisbon or Berlin ? And if t;he pro
posed sum were taken from the appropria
tion, one ofthefe millions must be given up.
Thus to controul the power of the prefidest,
in his opinion, would be to destroy a provi
iion of the confutation, and bring the presi
dent into a very humiliating fituijtiori.
Mr. Nicholas said, if the appropriation
of money was not veiled in their hands for
the purpose of exercising their judgment up
on the propriety of expence, he could not
fee the use it was of; but he did believe they
had the power of controlling what appeared
to them improper expence, and.that it wis
their duty to do so.
The queftlon was put for filling the blank
with the larger sum, viz, 60,5.00 dollar-.,
and carried, there being 50 votes in favour
of it.-
The 7th, Bth, 9th, 10th, nth, and
12 th, items were agreed without opposi
tion.
On the y,coo dollars proposed for the
hofpiyl department, some debate took
place. It was urged by Meflrs. W. Smith,
and Otis, on the ground of its having been
called for by the proper department, and
that if it was not expended, the money
would be fafe in the treafliry.
lt was opposed by MefT.s* Gallatin, Vat".
o'Jlh and Macon, as in-their opinion unr.ecefTa»
*