lie interest may fufFer extremely in cases of ficV
jiefs or einbarraduients, which may prevent a
member from attending.
This argument from the body's not exifling to
whom the resignation ought to be made, will ap
ply to the President of the United States, whnie
resignation is exprefsiy mentioned in the Consti
tution. The objection urged from the executives
of the States judging of vacancies, he conceived
had 110 great force, for Congress would finally
judge in every cafe of election.
It is uncertain how the pratftice of the British
Parliament originated. Blackftone fays nothing
of resignations. When a member wants to re
sign in that legislature, he gets appointed to Come
fictitious office which difqualifies him from fitting
in the house.—He thought it best to eftablilh some
precedent, rather than oblige members who may
■wi(h to resign, to have recourse to some similar
method, by accepting of some appointment in
the State which is incompatible with a feat.
Mr. Murray said he was in favor of accepting
the report, both on account of propriety and con
veniency—Vacancies may happen froin various
causes—by resignation, by death, or by expulsion
•—the executive of the State is the proper judge
in the firft cafe. He stated certain differences
between a resignation after a person has taken
his feat, and a resignation before that event-—in
the former cafe, Congress will of course give no
tice to the executive of the State—in the latter,
the executive alone can take cognizance of the
resignation. He stated the extreme inconveni
ency which would result from the ideas of the
gentleman from Virginia, as it would refpecSt the
State of Georgia. He then (tated several parti
culars to shew that Mr. Pinckney was not ainem
ber of the house agreeable to the Constitution,
and therefore the house cannot proceed with him
as one.
He said that we ought to be willing to derive
information from the experience of every conn
try—but he conceived that 110 precedents could
be drawn that would apply in the present cafe
from a country which had none, to one which
had a constitution that so clearly defined and
guarded the rights of the citizens.
The cuftoni which had been mentioned as ob
taining in that country, arose from a wi(h to pre
vent a frequency of elections.
From what bad been offered by the gentleman
from South-Carolina, and the ideas he had fug
geffed, he hoped the committee would be induced
to Accept the report.
Mr. Williamfon fald it appeared to him that
the Constitution contemplates that a member may
resign. He read the clause, which fays that no
member of the legislature (hall accept of an office
made during the time for which he was chosen—'
from hence he inferred that resignations were
clearly contemplated.
Mr- Gerry said that he had heard nothing to
fiiew that Mr. Pinckney had ever accepted of his
appointment, and therefore it ought to have been
expressed that he had declined—but granting he
had resigned after accepting his appointment, he
aflerted that nothing had been offered to prove
that resignations might not take place in one
ho.use, as well as in the other—and the Conftiru
tion plainly exprefl'es that a Senator may resign.
The House of Commons originated with the
Kings, who formed that body to controul the
Lords ; and hence arose the prohibition againlt
resignations, as they would weaken the body,
an.3 the expence of a new election would fall on
the King. With refpe«sl to the executive declar
ing improper vacancies,he observed thatCongrefs
inveftgd with full power to controul ibe exe
cutives of the States in refpe<fl to such declarations.
Mr. Seney observed upon a dittimftion made
by Mr. Giles, between a resignation on the pare
of,a Senatpr and a member of the House he sup
posed a resignation on either part would equally
vacate a feat, and that no difference did really
exist. ' J
Mr. Sedgwick observed that if* ppwer of ad
judication was veiled in the executives of the
States to determine, on a vacancy in cases of re
signation, it would involve this conference that
a power of judging of vacancies in all poilible
cases would be the .necessary result ; he thoiurht
the propofnion involved the inoft serious effects
with refped. to the privileges and independency'
of this House. '
This fubjeft was further difcufTed the next
"ay, ajid ended in an acceptation of the report of
the committee, which was in favor of Mr. Mer
cer's election.
{■RIDAY, December 2
IN COMMITTEE OF THE WHOLE.
On the Appropriation Bill for the ] ear 1792.
Mr. Parker observed that the sum contemplat
ed to be granted by the bill before the committee,
w-as nearly double the amount of that granted
ior a former year. He conceived it was the duty
ot the committee who reported this bill to have
examined into the expenditure of the former ap
propriations, and called 011 them for informati
on 011 this head.
Mr. Lawrance said that it was not the duty of
the committee to collect the information called
for. Public officers hail their accounts fettled
according to law, and those settlements were o
pen to the infpeiflion of the members. It was
only the duty of the committee to examine the
eftimares contained in the report of the Secreta
ry of the Treasury, and to report a bill, provid
ing for the expences of government and the dis
charge of claims due in 1792. The committee
ofthe whole would also examine thofeeftiinates.
—The amount of salaries depended upon thepo
fitive laws of the le»iflature, and the eftiinates
from the different offices Itated to what purpose
the money called for by each was intended to be
applied. If from the documents in the poffelfion
of the committee it was found that money was
wanted, money would be granted, he supposed ;
—If money was not found wanting grants would
not be made. When the former Congress made
grants of money for particular purposes, they
neceflarily relied on the honor of their officers,
that it would be expended agreeably to appro
priation.
Mr. Parker said he did not doubt bin that the
committee had done what they thought their du
ty, but his wifti in rising was to provoke an en
quiry into the expenditure of money heretofore
appropriated. He had no doubt of the integrity
of the officers into whose hands the money was
entrusted, yet he thought it the duty of the re
presentatives of the people to enquire in what
manner the money of their constituents was ex
pended. The funis intended for the war depart
ment he considered as very considerable, and for
the treasury department funis were called for. to
pay a number of clerks, who perhaps were not
all employed. He concluded by declaring that
hecouid not vote in favor of the bill until he had
obtained the information he called for.
Mr. Firzfiiuons remarked that the allowance
of the different clerks of the treasury would not
be paid, if it was not ffiewn to the proper officer
that they had been employed and had done their
duty.
Mr. Baldwin said the committee, of which he
was a member,had not been appointed to enquire
into the expenditure of former appropriated mo
ney) but to bring in a bill agreeably to the re
port ; yet as an individual member'he had called
at the register's office, and had been induced to
look over the accounts. In that of the secretary
of the Senate, 3000 dollars had been appropriat
ed last year for contingent expences. He did
not fee that that sum had fallen fliort, though
that officer now called for 4Joo dollars as an ap
propriation for the expences of 1792. The rea.
son for granting this increased sum, was stated
that some articles had risen in price.
Mr. Dayton observed, that the objections which
Mr. Parker made to the bill, were indefinite.
He wished he would joint out those parts on
which his dislike to it was grounded. They ap
peared to amount t* this, that he would not vote
for an appropriation bill.
Mr. Smith,(N.H.) said the bill was intended to
make provision for the expences of government,
and he could fee no neceflary connection between
the objeA of it and an examination into the ex-
penditure of money already appropriated. He
saw no reason, he said, for suspending his deter
mination on this, rill he had received fatisfatffory
information on the other head : For if the offi
cers were not able to account for one farthing of
the money appropriated, yet it would be neceila
ry to provide for future expences. He agreed
that the information called for was neceilary,
but contended it need not interfere with the bu
siness now before the committee, or interrupt its
progress.
Mr. Clark thought the enquiry not only tie
cefFary, but well-timed. There was no doubt
that the money appropriated had been expend
ed ; but he wilhed to know whether it had been
properly expended. It was neceilary to know
how it was expended, before any more was ap
propriated. 1 his information fliould form the
ground of future appropriations.
Mr. Parker declared he had no intention of
unneceflarily impeding the progress of the bill
before the committee ; but he saw no neceifuy
for hurrying the business—to give two or three
days for enquiries would be no injury to it. He
said he did not know that any money had been
applied by any of the officers of government im
properly ; but he conceived it his duty to en
quire. As soon as the enquiry was made, and the
information he called for obtained, he was rea
dy, he said, to grant every requisite supply ; be
cause he was confident that these enquiries once
made, would never be neglerted, and a habit
would follow to look into the expenditure of all
puolic appropriations. He again adverted to the
gieat inereaie of expence, by comparing the ap
planation of the 2 d feflion of Congress and the
one proposed by the bill before the committee.
1 he fiut was about 600,000 dollars, and this un
waras of r,000,000. Perhaps there was a necef
fuy fortius mcreafe, and all money heretofore
granted had been properly expended, b it this
he wiflied might be made to appear
254
Mr. Lawrance said, he wifi ie *l every part of
the bill thoroughly examined, a.id every member
fatisfied that the sums called for were nereffarr
before they were appropriated. The gentleman
from Virginia who firff übjerted to the bill he
oblerved, only took a comparative view of' t!-e
sum total of former appropriations and of that
contemplated by the bill. Hewifoed theK n || e .
man would turn to the particulars, and view the
variety and nature of the calls on the Treafurv
tor 1792. He noticed the mention that had been
made of the increased sums called for, for th
contingent expencCs of the Senate, and raid, that
if the vrh«lc of this was not expended, the iC
inainder would lay in the treafury,and such pans
as were expended inuft be accounted for by the
proper officer, to the proper office where it was
open to infpedlion,
Mr. Smith (S. C.) wilhed that the gentlenia-i
from Virginia, to latisfy his doubts refpectin-r
the expenditure of former appropriations, woula
take the trouble of examining the accounts of
the Treasurer, which had already been layin r
011 the table for three weeks. He mentioned sonic
of the objects that occurred at the present fetfion,
and which called for an encreafe of the l'urn t<»
be appropriated. Among these he enumerated
the encreafe of our army in consequence of the
attacks on our frontiers—the expence incurred
in taking the census—the additional claims on
government—and the expence of the government
of the South Wel'tern Territory. HeTwifhed the
gentleman to state the particular parts of the bill
he objedted to. If he did this, the attention of the
committee would be turned to one point, and
progrefc might be made in the bufinels.
Mr. Steele thought the obje&ions-made by the
gentlman from Virginia (Mr. Parker) proper ;
and fully agreed in the propriety of checking
the progreis of the bill until the information
called for by that gentleman could be obtained.
The intention, he conceived in appointing a
felert committee was that they fliould examine
the estimates on which the appropriation bill was
to be founded. He wished to know how it hap
pened that the Secretary of the Senate for con
tingent expences of that body Ihould call for
4500 dollars, when the clerk of the House of
Representatives only called for 5500 dollars,
though the last mentioned body is so much more
numerous than the firft. He was of opinion that
the annual contingent expences of the auditor's
and comptroller's offices must now be well known
from experience, and that supposition was no
longer proper in estimating the sums necefiary to
be appropriated for those objedls. He conceived
that the last years expences being enquired into
would give tne sum neceflary for the next. He
wiftied to depend on the feledt committee for
every information of this kind, and if they were
not able to give it, he conceived they had not
done their duty.
Mr. Lawrance supposed, it was the duty of
Members to inrorm themselves on every subject
that came before the House. In this inflance
want of time could not be pleaded in excuse for
a negleifl of this duly. The eflimate of the Se
cretary of the Treasury had early in the feflion
been handed in, was printed for the use of the
House, and a copy put into the hands of each
member ; so that they had a full opportunity of
examining it. The bill now before the commit
tee had been rep . ted two weeks since ; so that
fiom the time of the bill's being reported, the
business had not been precipitated. Gentlemen
knew the fubjetft was before them, and if thev
had examined into the fubjetft, their minds would
be made up, because there were materials on
which their opinions could be formed. Relative
to the two particulars adverted to, fit ft the en
creafed elliinate of the Secretary of the Senate,
he observed, that it was iinpoi.jbfe for any mem
ber of the committee pofuively to declare that
the additional funi of 1500 dollars to the former
allowance was too much. With refpedl to the
efiimate of the clerk of the house, it was parti
cular, it was easily examined, and the committee
of the whole were competent to determine whe
ther any items of it appeared unreasonable. The
contingencies in -the war department, in the
comptroller's office, &c. if they were higher than
heretofore, it fliould be considered that rents are
raised, and wood higher, and an allowancefhould
therefore be made. He was sorry to hear itfaid
that the committee had not done their duty. The
information called for, he repeated, was 011 the
table. It was Impossible for the committee to fay
the exact quantity of wood, paper, &c. neceflkry
for the houses—something mult be left to the ho
nor and integrity of the persons entrusted with
making the purchase of these articles.
Mr. Gerry said, that the committee were di
rected to report a bill pursuant to the eflimate
made, and their duty had no relation to the ex
amination of the lalt year's expenditure. Yet
'ie conceived it the duty of the huufe to make
some such enquiry, and he hoped the committee
would r:fe to give time to colled} this informa
tion He wi.'bed the house would make it a rule
hat eve'y executive (hould, at every session lay
besot e the house an account of the expenditure