A NATIONAL PAPER, PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FENNO, No. 69, HIGH-STREET, PHILADELPHIA
[No. 112, of Vol. lII.]
SECOND CONGRESS OF THE UNITED STATES.
AT THE FIRST SESSION,
Begun and held at the city ot Philadelphia, in the State of Pcnn
fylvania, Monday the twenty-fourth of O&ober, one
thousand seven hundred and ninety-one.
AN ACT to continue in force the Adt, intituled,
" An atft to provide for mitigating or remit
ting the penalties and forfeitures accruing un
der the revenue laws in certain cases," and to
make further provision for the payment ot
pensions to invalids.
BE it enacted by the Senate and House of Reprcfentatives of the
United Slates ot America in Congress aflembled, 'lhatihe
aSt, entitled, " An ast to provide lor mitigating or remitting the
forfeitures and penalties accruing under the rever.ue laws in cer
tain cases therein mentioned," lhall be, and hereby is, continmd
in full force for the term of three years, fiom the palling of tins
ast, and no longer. Provided, That nothing in the said a£t lhall
be construed to limit or restrain the power of the Pi efidi n> of the
United States to grant pardons for offences againfl the United
States.
And be it further enacted, That the yearly pensions which
have been, or may be, allowed by, or in pursuance of, any ast or
Jaw of the United States, to persons who were wounded and dis
abled in the public service, fball for the space of one year from
the fourth day ot March last be paid out of the treasury of the
United States, under such regulations as the President of the
United States may direst.
JONATHAN TRUMBULL, Speaker
of the House of Representatives.
RICHARD HENRY LEE, President
pro tempore oj the Senate.
APPROVED, may the eighth, 179 .
GEORGE WASHINGTON,
President of the United States.
AN ACT to provide for calling forth the Mi li
tia to execute the Laws of the Union, sup-
prefa Infurretfions and repel Invasions.
BE it enaQed by the Senate and House of Reprefentativrs ol
the United States of America in Congress alfcmbled, That
whenever the United States fliall k>e invaded, or be in imminent
danger ol invasion from any foreign nation or Indian tribe, it
lhall be lawful for the Piefident ot the United States, 10 call forth
such number of the militia of the Stale or States molt convenient
to the place of danger or scene of action, as hi-may judge necessary
to repel such invasion, and to issue his orders for that purpofr, to
such officer or officers of the militia as he lhall think proper:
and in cafe of an infurreftion in any Stale, against the government
thereof, it lhall be lawful for the Preftdent ot the United States,
on application of the legislature of such State, or of the executive
(when the legislative cannot be convened) to call forth such num
ber of the militia of any other State or States, as may be applied
for, or as he may judge fufficient to suppress such infurreftion.
And be it further enabled, That whenever the laws of the Uni
ted States (hall be opposed, or the execution thereof obftrufted,
in any State, by combinations too powerful to be fupprefled by
the ordinary course of judicial proceedings, or by the powers
veiled in the marshals by this ast, the fame being notified to the
President of the United States, by an allociate justice or the dif
trift judge, it shall be lawful for the President of the United
States to call forth the militia of such State to suppress such com
binations, and to caufethe laws to be duly executed. And if the
militia of a State, where luch combinations may happen, (hall re
fufe, or be inefficient to suppress the fame, it (hall be lawful for
the President, if the legislature of the United States be not in
session, to call forth and employ luch numbers of the militia of
any other State or States most convenient then to, as may be ne
ctlfary, and the ufi of militia, so to be called forth, may be con
tinued, if necessary, until the expiration of thirty days after the
commencement of the ensuing session.
Provided always, and be it further enafled, That whenever it
may be neceflarv, in the judgment of the President, to use the
military force hereby directed to be called forth, the Prefidem
lhall forthwith, and previous thereto, by proclamation, command
inch infurgeots to disperse, and retire peaceably to their respec
tive abodes, within a limited time.
And be it further enacted, That the militia, employed in the
service of the United States, ihall receive the lame pay and allow
ances, as the troops of the United States, who may be in service
at the fame time, or who were last in service, and ihall be fubjeft
to the fame lules and articles of war: And that no officer, non
commiflioned officer or private of the militia shall be compelled
to serve more than three months in any one year, nor more than
in due rotation with every other able bodied man of the fame
rank in the battalion to which he belongs.
And be it further enafcted, That evciy officer non-commission
ed officer or private of the militia, who shall fail to obey the or
ders, of the President of the United States, in any of the cases be
fore recited lhall forfeit a sum not excteding one yeai's pay, and
not lels than one month's pay, to be determined and adjudged
by a court martial ; and Inch officer shall, moreover be liable to
be cashiered by fenter.ee of a court martial ; and such non-com
xniffioned officers and privates lhall be liable to be imprisoned by
a like fentencc, on failure of payment of the fines adjudged a
gainst them, for the space of one calendar month for ever) five
dollars of such fine.
And be itfurthcr enattcd, That courts martial for the trial of
militia lhall be composed of militia officers only.
And be it further enacted, That ail fines to be affefied, as afore-
Jaid, shall be certified by the preliding officer of the couit mat
ttal before whom the fame shall be afTefTed, to the marfnnl of the
diftrift, in which the delinquent Ihali rcfide, or to one of his
Wednesday, May 23, 175)2.
deputies ; and also to the fupcrvifor of the revenue of the fame
diftrift, who (hall lecord the said certificate in a book to be kept
tor that purpose. The said marshal or his deputy (hall forth
with proceed to levy the said fines with costs, by distress and iale
of the goods and chattels of the delinquent, which costs and the
manner of proceeding, with refpetl to the sale of the goods dif
i rained, Aiall be agreeable to the laws of the State, in which the
fame (hall be, in other cases of distress ; and where any non-corn
miflioned officer or private (hall be adjudged to fuffer imprison
ment, there being no goods or chattels to be found, whereof to
levy the said fines, the mar(hal of the diftrift or his deputy may
commit such delinquent to gaol, during the term, for whicn he
lhall be so adjudged to impriionment, or until the fine (hall be
paid, in the fame manner as other persons condemned to fine and
iinprifonment at the suit of the United States, may Lc committed.
And be it further enacted, That the marshals and their depu
ties lhall pay all such fines by them levied to thr supervisor of the
revenue, in the diftri£l in which they ale collected, within two
months after they shall have received the fame, deducting there
from five per centum, as a compensation for their trouble ; and
in cafe of failure, the fame shall be recovered by ast ion of debt
or information in any court of the United States, of the diftrift,
in which such fines (hall be levied, having cognizance thereof, to
be sued for, prosecuted and recovered, in the name of the super
visor of the diftrift, with interest and costs.
And be it further enacted, That the marshals of the several
diftrifts and their deputies (hall have the fame powers in execut
ing the laws of the United States, as (heriffs and their deputies in
the several States have by law, in executing the laws of their icf
peftive States.
And be it further enacted, That this ast (hall continue and be
in forcc, tor and during the term of two yeais, and from thence
to the end of the next feflion of Congress thereafter, and 110
longer.
JONATHAN TKUMBULI., Speaker
ojthe Houjc oj Representatives.
RICHARD HENRY LEE, Prefldent
pro tempore of the Senate.
APFROV ED MAY THE SECOND, 179 2
An ACT supplementary to the A6l for making
provision for the debt of the United States;
BE ii enaftcd by the Senate and House of Reprefentauves of
the Untied States of America, in Congiels ailembled, Thai
the ter m tor receiving on loan that part ot the domeltic debt ot
ihe United States., which hath not been iubferibed purluant to the
terms proposed in the ad, intituled, " An ast making piovifion
for the debt of the United States," shall be, and it is hereby ex
tended, on the fame terms, as in and by the laid ast ts provided,
to the fi-ft day of March next i and books, for receiving such tar
ther fubferiptions, ihall be opened at the Treasury of the United
States and by the commiflioners ol loans in each ot the said stales,
on the tirft day of June next, which Ihall continue open until the
(aid tirft day of March next inclusively ; tor which purpose, the
said commiflioners, refpeftivelj, are hereby wvefted with the
like powers, and required to perform the like duties, as m and by
the said ast is directed.
And be it lurther-enafled, That such of the creditors of the
United States, as have not fubfcr.bed and Ihall not lublcnbe lo
the said loan, (hall neverthclefs receive a rate per centum on the
amount of so much ot their relpeftivc demands, as well for inter
est a* principal, as, on or before the fitlt day ot March, Ihall be
registered, conformably to the directions ot the laid att, as thall
he equal ts the interctt payable to the iublcr ibing creditors,which
(hall be payable at the fame times and places, and by the lame per
lons, as in and by the said ast is direftecl.
And be it further cna6tcd, That the term for receiving upon
loan that part ot the debts ot the refpett.ve ttates, which hath not
been fubfenbed pursuant to the terms propoted in the ast afore
faid, (hall be, and it is hereby enlaiged on the tame terms, as in
and by the (aid ast is provided, untilihe firlt day ot March one
thousand seven hundred and ninety-three inclusively ; tor which
purpose, books (hall be opened at the trtalury of .he Unwed
States, and by the commiflioners ot loans in each ot the said ttates,
on the tirft day of June next, which Ihall continue open until tnc
firft day of March, one thousand leven hundred and ninety-three
inclusively; for wheh purposes the said commiflioners are here
by invested with the like powers, and required to pertorm the
like duties, as in and by the said ast is directed.
Provided always, and be it further enaftcd, That the comnnf
lioner of loans for North-Carolina Ihall not De allowed 10 receive
anv certificate lffued by Patrick Travers, cotnrniflioiier ot Cum.
herland county, or by the commiflipneis ol a,n.y accounts at
Warrenton* . ...
And whereas the United States are indebted to certain foreign
officers, on account of pay and services during the late war, me
interest whereof, puifuant to the certibcales granted to the laid
officers, by virtue of a refolutiori of the United Stales in Congrels
aflembled, is payable at the house ot Grand, banker, at
Paris, and it is expedient to dilcharge the fame ; Be it therefore
enaftcd, That the President ol the United States be, and he here
by is authorized to cause to be-difcliargrd ihe principal and in
terest ot the said debt, out ol any of the monies, which have been
or shall be obtained 011 loan, in virtue ot the ast atorelaid, and
which Ihall not be neceflary ultimately to fulfil the puipofts tor
which the said monies arc, in and by the said ast, autnorized to
be borrowed.
And be it further ena&ed, ThSt ihe Prefidcnt of the Senate,
the Chief justice, the Secretary of State, the Secrciary ot theTrea
fury, and the Attorney General, tor the time being, lhall be com
i»i(T)oners, who, or any three ot whom, are hereby authorized,
wiiW the appiooation ot the Piefident of the United States, to pur
chase the debt of the United States, at its market price, if not ex
ceeding the par or true value thereof ; tor which purchatethe in
teieft on so much of the public debt, as ha, already been, or may
heieatter be purchaled for the United Siates, or as ihall be paid
into the treasury, and so much ot the monies appropriated tor the
payment of the interefl. on the foreign and domestic debt, as ihall
exceed what may be lufficient tor the payment of iuch interelt
to the creditors of the United States, ihall be and are hereby ap
propriated. And it lhall be the duty of the laid commiilioneis
to render to the legifl iture, within two months alter the commence
ment of the firft feifion thereof in every year, a lull and preciie ac
count of all such purchases made, and public debt redeemed, in
pui fudcce oi this ath
445
GEORGE WASHINGTON,
Prcjidcnt of the United States.
[Whole No. 520.]
And whereas it is expedient to establish a fund for the gradual
reduction of the public debt ; Beit further enacted, That the in
terest on (o much of the debt of the United States, as h-.s been or
shall be pure ha fen or redeemed for or by the United States, or as
shall be paid into the treasury thereof in fatisfaftion of any debt
or demand, and the surplus of any sum or sums appropriated for
the payment of the interest upon the said debt, which shall re
main alter paving such interest, (hall be, and hereby are appropri
ated and pledged firmly and inviolably for and to the purchase
and redemption of the (aid debt, to be applied under the directi
on of the t'refident of the Senate, the Chief Justice, the Secretary
of State, the Secretary of the Treasury and the Attorney General
for the tim-' being, or any three of them, with the approbation of
the President of the United States, for the time being, in manner
following, that is to fay : First, to the purchase of the several fpe
cics of stock constituting the debt of the United States, at their
refpeftive market prices, not exceeding the par or true value there
of, and, as neatly as may be, in equal proportions, until the annu
al amount of the said funds, together with any other provisions
which may be made by law, shall be equal to cwo per centum of
the whole amount of the outftatiding funded stock bearing a pre
sent interest of fix per centum : Thenceforth, Secondly, to the re
demption of the said lad mentioned (lock, according to the
for that purpwfe reserved to the United States, until the whole a
mount thereot shall have been redeemed : and Lastly, after luch
redemption, to the purchase, at its market price, of any other
stock consisting of the debt of the United States, which may then
remain unredeemed : and such purchase, as far as the fund shall
'at any time extend, lhall be made within thirty days next after
each d -y, on which a quarterly payment of interest on the debt
of the United States, shall become due, and (hall be made by a
known agent, to be named by the said commiffnners.
And be it further enabled, That all future purchases of the pub
lic debt on account of the United States, (hall be made at the low
est price, at which the fame can. be obtained by open purchase, or
by receiving sealed proposals, to be opened in the presence of the
commiflioners, or persons authorized by them to make purchases,
and the perfonsmaking such proposals.
And be it further enabled, That quarter yearly accounts of the
application of the said fund (hall be rendered ior feitlement, as
other public accounts, accompanied with returns of the sums of
the said debt, which (hall have been from time to time purchaled
or redeemed ; and full and exa£t report of the proceedings of the
said commiflioners, including a ftatemcnt of the difburlements,
which (hall have been made, and of the sums which lhall have
been from time to time purchased or redeemed ; and full and ex
a6t report of the proceedings of the said commillioners, including
a ftat» ment of the disbursements, which lhall have been made,
and of the sums which dialL have been purchased or redeemed un
der their direction, and fpecify ng dates, prices, parties, and pla
ces, shall be laid before Congress, within the (irll fourteen days
of each feflion which may ensue the present, during the cxecunou
of the said tiuft.
JONATHAN TRUMBULL, Speaker
oj the House of Reprefcntativcs.
RICHARD HENRY LEE, Prefldent
APPROVED MAY THE XICHTH, 1/92. '
GEORGE WASHINGTON,
President of the United States.
NEW-YORK, May 18
Striflures on the Report of a Committee of Congressf f
on the Wefterti Expedition.
IN my notification to the public of the ijth inft.
I'promifed to expose Come palpable errors ill
the report of the committee of Congress on the
late western expedition, in order that a proper
judgment might be formed ofthislegiilativembde
of investigation. But previous to my entering
on the fubj'ed't, it is proper to observe, that 1 was
never, direc'tly or indiretftly, called upon by the
committee to furnifh any explanations, or to ob
viate any of the charges or insinuations contain
ed in this report: that the firft notice 1 had of"
it, was in Mr- Childs's paper of the 12th instant,
nnd that unfufpefling, unheard and unproteiled, I
have been ltretched on the rack of public inveA
ligation, as an objedl deferring' popular refent
inent. 1 But though, from circumltances arising
from 'misfortune and indifcretioii, (not guilty)
my person has been imprisoned, my mind pre
serves in full vigor its native freedom and inde
pendence—nor am I yet so debased, as tamely to
crouch under the lafli of injury, whilst I am sup
ported by the consciousness not only of inno
cence, but of merit, in those particulars which
are made the fubjedi of accusation.
1 fliall now proceed to a confederation offome
of the points, which the committee roundly as
sert as fadts, reserving to a future occasion, such
evidence and observations, as I fliall judge ne
cellary for a full refutation of every part of the
report of the committee, so far as it relates to
my conduct, as contractor for the army.
In order to prove my inattention to the fulfil
ment of the duties of my station, it is averted—
That on the 9th of May, 1791, Mr. Smith atCar
lifle, one of my agents, had no: received any mo
nies from me; that 011 the Bth of May, 1791,
Mr. Kean, another commiH'ary, was in the lame
situation ; and that even so late as the 9th of
June of the fame year, General Nevill, niy prin
cipal agent at Pittsburgh (which was the place of
general rendezvous and deposit) had likewifere
ceived 110 monies.
pro tempore of the Senate.