liis office—That it is made his duty by law, is a
Sufficient apology for him in undertaking and
discharging it, but not for the House in transfer
iug it to linn ; I deny that the Honfe can be
bound by a law with refpedi to its powers and
duties—This House is as free to originate money
bills as the lalt House was, and any future House
will be as free as this—The coiiftirution is the
only law whereby the powers and duties of this
House can be governed, nor can we either de
cline a duty or transfer a trull which has been
specially bound on us by it.—Nor will I agree
with the gentlemen, that if it is an evil it arilcs
from necelfity—certainly if we are capable of al
tering, amending, or changing the principles of
the Secretary's reports altogether, as is granted,
we must be capable with due industry and atten
tion to originate them ourselves.
But we are further told in defence of refering
to the Secretary, iliat if we do not do itonrfelves,
the comuiitte&employed, or some ofthe members,
will have reconi fe to the Secretary foraffiftance,
and that in this way his principles and argu
ments will be introduced with equal influence
fecretJy—and that it is better to face it openly,
and for all the members to have equal advantag
es from it.
This argument is plausible indeed, but will
not bear examination—So far is the method con
tended for from preventing private influence,
ihat it produces it in a much greater degree—
From the nature of the cafe we may conclude,
that a minister will not digest a revenue system
without adapting it to the views and interests of
a number of influential members, who will assist
him in preparing and influencing others to sup
port it when introduced—indeed it gives the
greatest poflible ftiinulus to private influence ;
for it not only combines an influential private
interest to support it, but the minister's charac
ter and the character of his friends, are much
higher pledged for its success, than if the influ
ence was private—Thus, I apprehend this me
thod is not only objevfiionable on account of the
ministerial fyltems and arguments which the
members receive in this House, and peruse in
their closets ; but also, on the account of the
greater inducement it must give to a more dan
gerous private influence, and in time to corrup
tion.
But the gentleman from North-Carolina, (Mr.
Steele) observes that we may upon the fame
grounds objert to the President's address, recom
mending business to the legillature ; thatmyfelf
and others who oppose the reference in question,
very lately advocated a report of tlie Secretary
of War, which he opposed ; that by carrying
the substance of that report into a law, we have
saddled the government with a debt for which
we are now about to provide—and he suggests
the impropriety of those, for whose immediate
defence the debt is incurred, objecting to the
usual method of providing for its discharge.
1 have observed already that the Prelident has
a right, created by the constitution, to recom
mend bnfinefs to the legislature, as well as to
give information of the (late of the Union; in
cor.feqnence of this trust he, by a report of his
Secretary, gave us information of the state and
misfortunes of the Indian war, and his opinion
of the force and expence that he judged necert'a
ry to enable him to bring it to a happy and
fpetdy conclusion ; this information was consti
tutional and neceflary—well knowing that an ina
dequate force and the short inliftments, rendered
the two lad campaigns difgraceful, and increased
the strength and irritation of the enemy.—l vot
ed (or the encreafe of the army, and for longer
enlillments ; but 1 voted for higher wages than
was reported, and we will yet re<*ret that this
was not agreed to—and I think in doing so I was
promoting the bed interests of the country, and
countenancing no unconstitutional influence
Surely if the gentleman would reflect for a mo
ment, he would not quote this as a precedent to
jullify this House in voting a transfer of the pe
culiar and exclusive constitutional privilege and
unalienable trull ol this House, to originate or
digest the principles of revenue, fyflems, to an
executive officer, not known in the constitution,
nor appointed by or dependant on this House.
I will further beg leave to inform the gentle
man, that the people of the frontiers do not claim
protection as a favor, they demand it as a light
- T hey know that protection and allegiance are
inseparable—that if they are not protected, their
connection with the government is diflolved ; it
is their lot and their misfortune to be exposed
as a constant picquet guard to the interior inha
bitants—too frequently has their habitations
been rendered desolate, and they have had their
dearest: relations butchered —When the ntlan
tic Jliores were the object of invaflon, the incle
mency of the season, nor the dangerous situation
of their families at home did not prevent them
from giving assistance—They have had little
weight in the councils which have, by affording;
inadequate means of protection, increased their
d lit re Is ; they think it ungenerous to be aided
with a too fpanng hand, and at the fame time
mlulred with unmerited reproach.
The gentleman fays he lias heard me -cften
moving to refer petitions to one or other of the
Secretaries myfelf-—I acknowjedge it—When
the petitions are for personal claims, being of a
judicial nature and connected with the docu
ments in the Secreiary's office, I think it proper
to refer them there for information with refpetft
to faifts—Wlien I moved for a reference of the
excise petitions which came in by me, 1 did it in
obedience to the customs of the House, but with
an express declaration that I thought the custom
then wrong—this 1 have no doubt the members
will recolletft.
The genrlenian has also observed, that there
is independence and good feni*e enough in this
House to examine, to alter or rejetft a report of
the Secretary, notwithstanding his arguments
which accompany it—and that we have done so
in various instances. This 1 freely grant —nay
I advocate more than this, I believe there isgood
sense and independence enough in this House,
to digest and originate revenue systems without
the Secretary's doing it for us. But what does
this argument amount to ? Why it amounts to
giving the peculiar trust of originating to the
Secretary, and reserving that power to ourselves
which theconllitution vests in the other branch
—:the Senate cannot prepare a money-bill, but
they may alter, a'mend or reject such as we pre
pare and transmit to thein ; and they have done
fo—ls not this giving the power and influence
in a great degree ro the Secretary, which the
constitution gives to us !—ls it not in fadt giving
up (he point ?—The Sen'ate is not permitted
lo digell their arguments and transmit them to
us in support of business which they prepare,
neither are we permited to do so with them —
Nay it is unparliamentary to mention what we
think would be agreeable to the Senate or the
President, in our arguments on the floor, left it
(hould have the appearance of influencing the
measure—The one branch cannot call upon the
other officially to originate business—how unrea
sonable then is it, to refer the mofi important
business to the Secretary to digest and prepare ;
and also to digest arguments for us, which we or
der to be printed and put into every member's
hand.
liut this method is highly objectionable on a
nother ground —it is putting the power of the
business out of our hands with refpe<ft to tlie
time of our deliberation ; this is certainly more
than we are authorized to do, or can be account
able for to our constituents—lf this pra<flice be
comes established, 1 shall not befurprized to find
a minilter in connection with his friends in the
House. delaying to report 011 the most important
buiinefs until near the end of the fellion, when
many of the members are gone home, or so anx
ious to get home that there will not be a fuffici
ent opportunity for deliberation—such things
are not unusually attempted in public bodies
without the aid of a minilter ; in this House I
have heard the dole of a session mentioned as an
apology for the pafiage of an improper law it
is not nt'ceflary to create newfnares for the de
liberations of the House. Before 1 had the ho
nor of a feat in this House, I was informed ofthis
method of originating revenue fyfteins, and I al
ways thought it wrong— lam not confident the
opposition 10 it will succeed at this time ; the
session is drawing near a close, and the oppofiti
-011 of members who advocate thepropofed refer
ence, may delay the business if originated in a
way disagreeable to them ; these reasons may
induce some members to vote for it now, that
would not do so in other circumstances—howe
ver if in is carried, I hope the precedent will not
be strengthened by a large majority.—For my
part, 1 pledge myfelf to persevere in opposition
thereto ; and have no doubt but when a more
equal and more numerous representation occu
pies this floor, this unwarrantable pradtice of
transfering so influential a part of the legislative
irult, will be changed.
MONDAY, April 16
Mr. Secretary Lear, by order of the President
of the United States, delivered the following
communicptions :
Si r,
AS we could not, in our opinion, convey the
enclosed extracts from the minutes ot the circuit
court now fitting here, to ihe Congress of the
United States, in lo refpeclful and proper a man
ner as through the President, we take the liberty
to transmit them to you, and to request the fa
vor of you to communicate them to that honora
ble body.
We have the honor to be,
With perfect refpeJt,
Sir,
Your molt obedient servants,
C JOHN JAY,
Signed J W»i. CUSHING,
/ JAMES DUANE.
The President if the United States.
At a Hated circuit court of the United States,
held for the didric.l of New-York, at the city of
410
Ne-w-Tark, April 10, I 792
New-York, on Thursday the fifth day of April
one ihoufand seven hundred and ninety-two at
ten of the clock, A. M.- Present, '
The Hon. John Jay, Esq. Chief justice of the
United States;
The Hon. Wm. CuAiing, Esq. one of the Afl'o
ciate Justices of the Supreme Court of the United
Slates ;
The Hon. James Duane, Esq. Judge of the
diflridt of New-York.
The Court proceeded to take into considera
tion the following adt of the Congress of the
United States, viz.
" An adl to provide for the fettlemetrt of the
claims of widows and orphans barred by the li
mitations heretofore eltablifhed, ami to regulate
the claims to invalid pensions."
[Mere follows the adt, verbatim.]
The Court were thereupon onanimoully of opi
nion, and agreed,
Thiat by the Constitution of the United States,
the government thereof is divided into three dif.
tinift and independent branches; and that it is
the duty of each to abftain-from, and to oppose
encroachments on either :—
That neither the Legislative nor the Executive
branches, can confticutionally aflign to the Judi
cial any duties but such as are properly judicial,
and to be performed in a judicial manner:
That the duties alfigned to the Circuit Count
by this atft, are not of that description ; and that
the act itfelf does not appear to coi)t?nip]are\beai
as such, inasmuch as it fubjetfts the decilions of
these courts, made pursuant to those duties, firlt
to the consideration and suspension of the Secre
tary at War, and then to the revision of the Le
gislature—Whereas, by the Conftitiition, neither
the Secretary at War, nor any other executive
officer, nor even the Legislature, are
to fit as a Court of Errors, on the judicial aclsor
opinions of this Court.
: As therefore the butinefs, afligned to this Court
by the aifi, is not judicial, nor directed to be per
formed judicially, the n<ft can only beconfidered
as appointing comniiffioners for the pur,poles
mentioned in it, by official inflead of perfonai
descriptions.
That the Judges of this Court regard them
selves as being the commissioners designated by
the act, and therefore as being at liberty to ac
cept or to decline their office :—
That as the objetfs of this act are exceedingly
benevolent, and do real honor to the humanity
andjulticeot Congress ; and as the Judges de
sire to manifefl on all proper occasions ; and in
every proper manner, their high respect for the
national Legislature, they will execute this aJt
in the capacity of commissioners : —
That, as the Legislature have a right to extend
the session of this Court for any term which they
may think proper by law to assign, the term of
five days, as directed by this acft, ought to be
punctually observed : —
That the Judges of this Court will, as ufaal,
during the session thereof, adjourn the Court
from day to day, or other short periods, as cir
cumfiances may render proper ; and that they
will regularly, between the adjournments, pro
ceed, as coinmiffioners, to execute the bufinefsof
this atft, in the fame court-room or chamber.
A true extrart from the Minutes,
(Signed) Robert Trout, Clerk.
WEDNESDAY, APRIL IS.
Mr. Boudinot prefemeil a bill for fettling the
claim of A. W. White against the United States,
which was read the firft time.
A petition of Charles Caldwell and \Y 111. Ro
bertfon, lately released frbni captivity at Algiers,
was read, praying to be reimburled the ainonnt
of the ranfoni paid by their friends —and that the
(ltuatiou of the Americans, now in captivity ar
Algiers, may be taken into consideration, and
leliefgranted them.
This petition was referred to a feleift committee.
The Ho life agreed to the amendment proposed
by the Senate to the bill authorizing the grant
and conveyance of certain lands to the 0..10
Company'of Afl'ociates, on the terms therein
mentioned. _ .
Mr. Gerry laid on the table a motion for < ' e
appointment of a committee to enquire into t e
recruiting service, and (if necellary) to report a
bill for promoting the fame, by encreahng tie
pay of the privates to four dollars per mont 1.
A report of the feledt committee 011 the peti
tion of Wlll. Hey burn, the invalid otiicei (w 10 e
application to the Judges of the Circuit ourt
is mentioned in last Saturday's Gazette) wa
read—it contains, according to order ol t' c
House, a statement of fac r ts only.
A ineflage from the Senate, by Mr. Secretary
Otis, informed the House that the el^ te ' a
palled a bill making alterations in the Trea u
and War Departments ; —he also informei
House, that the Vice-President of the Unit
States, having obtained leave of absence, 01
remainder of the session—the Senate procee
to the election of a President pro tempore, a
conllitution provides, when the honora e
chard Henrv Lee was duly elected.