. ■ ... • ,• ..
A NATIONAL PAPER, PU BLISHI.D WE ON KSD AYS AND SATURDAYS BY JOHN FENNO, No. 34, NvRIH FIFTH-STREET, PH IL A DKLPHI A.
[No. 79 of Vol. IV.]
JCaNGRESS.
BOUSE OF RFPRt.SrNTATIVFS.
SATURDAY, February 16.
IV committee of the whole on the bill to ef
tablifii fees to be paid on the transfer of pub
lic securities.
Mr. Steele in the chair.
The bill v.'as read by the chairman —an a
mendment was propofcd, which was, to strike
out the last line of the bill, and to fubllitute a
clause providing for the disposal of the fees,
which are to be received by the Comptroller of
the Treasury and the Loan-Offices.
Mr. said he did not know whether
he should vote for the bill or not; at. prefsnt he
had his doubts on the expediency of departing
from a principle eftablifhtd in the government,
which is, that public officers fliould becompen
fated for their lervices without being authorised
to receive any feeS. This principle has been
adhered to in all cases whete it was praflicable;
and i' mill appear the nioft eligible mode when
it is corfidered how difficult it is to guard a
gainst abnfes and frauds: he considered 4t would
TO if not impoflible, :o pri>-
vide adtqua e checks nrthe^brctirfefa.
Mr. Benfon objefled to the provitlon gene
rally, he confidercd it as laying a tax on a par
ticular species of property already encumbered
with variou«reftridtionsinrefpe>ft to which there
is no option left to one of the parties. The go
v rnm nt has prefcribcd for its own security a
particular process i.i the business of transferring
pr.blit certificate*. He saw 110 reason in impof
inga tax in addition to thete regulations.
\>r avton, in replying to Mr. Fitzfimons
ob (' ved I." the process of the business inmak
ifig the t - 'rs atthefeveral Loan Offices would
afford ■ ' tunity to provide compleat and
adij.m;; any ahufe in the business
or em'ic**': it 0f the fees; the names of the
par :, r.tffed in bqoks kept for the
j> ; ! ♦ would f'.unilh the neceffary_
c: U : -'. fpecSl to the objsdlipD-»"''ng
fr..; m • he c ""-
ceive> spp. y with any greater forcc
flfan what might be urged again <1 fees imposed
on deeds, &c. Mr. Davton conceived that as a
hod of clerks were employed in the Treasury
Dirpartmant on thfs hufinefs of tiSnafer which
was done for the benefit of individuals,'be tho't j
it no more than reasonable that they Ihould pay
the expence.
Mr. Clark followed Mr. Dayton in a train of
similar observations; he laid he saw no difficul
ty in, the business, the expence wiil fall on the
speculators only.
Mr. Sturgesfaid, it appeared to him that the
bill would operate as an infraction of the law
shaking provision for the public debt; he con
ceived that that law does not contemplate any
charge being paid by the proprietors of public
securities for transferring the certificates . they
never supposed that they would be clogged with
any such charge. In this view of the fubjed he
Ihould be oppofedto the bill.
Mr. Benfon replied to Mr. Dayton's remarks
on the tax imposed on deeds; he said the cases
are rotparellel. In th* present cafe there is ho
option to the public creditors; the government
has already prescribed how this bufiliefs shall be
don*; it must therefore be considered as a breach
of the rights of the creditors. With refpedt to
the expence* falling exciufively on speculators,
he said the gentleman was mi (taken, and men
tioned an infbance,to fliew that perfom who are
not speculators will be fubjedl to the tax. Mr.
TSenfon doubted the propriety however, of a re
gulation which ihould operate so partially He
very much doubted the legality of framing a tax
that Ihould be pointed at any class of citizens in
particular.
Mr. Mercer, after a few mtrodu&ory remarks
on the general utility of public institutions, and
the obligation which every citizen is under to
support them, remarked, that however true this
principle is, yet it is but just that those who de
rive peculiar personal advantagesfrom these in
stitutions, Ihould pay foi those advantage*. He
applied this reasoning to the cafe in hand, and
obferved,that on this principle he thought the
provision contemplated by the bill was reafona
bls and just. With refpeii to taxing the proper
ty in the funds, he remarked, that the fubjeCfc in
volved the moll extensive conliderations. He
ihould not at present enter into a difcuflion of
them; but,he observed, that it wa9 clearly his
opinion, that that specie* of property was liable
to taxation in common with every other; and
this idea he said was famflioned by the usages
tuftoms of nations.
Mr. Barnwell said it appeared to him that
the particular regulation eftablilhed in the Trea
sury department were made for the public ad
vantage : if so, he could not fee the justice of
throwing the expence on individuals. If the bill
fliould be fuilained,he contended that the indi
viduals should have the alternative of transferr
ing or not, as is the cafe in refpeft to deeds. He
ihould therefore be opposed to the bill unless
fbme provision for an alternative Ihould accom
pany it.
Mr. Ottrj ohje&ed to the bill on general
principle*; he iUted (undry confcqiwnces cx
Saturday, 2. 1795.
tremely injurious to the publte credit, which
might be grafted on the principle contained in
the regulation proofed.
Mr. Boudinot observed t" at when the propo
rtion was firft brought forward, he entertained
a favourable idea of the provision ; he had not,
however, till this morning, critically examined
the operation of the principle in relation to the
contra& between the Government and the pub- j
lie creditors : He was indebted, he said, to the
gentleman from New-York for the idea of an
interference. Mr. B. then analyzed the provi
sion refpedhng the public debt, in order to fhewj
that the regulations adopted were considered as
final and conclusive; full *nd compleat provifipn
was made to defray the expence by the govern
ment ; from hence he deduced this consequence
that the tax contemplated would have a retro
fpe&ive afpc&, would interfere with the flipula
tions of the contract, and go to injuring the
public credit effentiaUy; for, said he, if Con
gress can lay a tax on the transfer of the public
securities, they may extend the principle to such
a degree as to interdict all transfers whatever,
yea to taxing the debt—an idea he conceived
totally fubvedive of public credit.
remarWd, tlfe reasoning of
his coileaguc, and of the gentleman from Maffa
chulet'rs (Mr. Gerry) went too far,it would ap
ply to every fptcies of imposition whatever; and
the government would thereby be in effe6l pre
cluded from laying any duties on Impost and ton
nage.
Mr. S. Bourne was in favour of the bill—he
cited precedents from Probate and other Offices
in the several states, to fliew that paying fees
w. s customary, and was submitted to by the
people; the parties deriving the benefit, it is
universally conceived should bear the expence
incurred.
With refpeft to the fee 9 he conceived the pre
cedent is already established by the government,
fees are paid in the department of state : these
fees are accounted for to» the Secretary of the
Treasury—he thought a similar mode might he
adopted in the present cafe ; let the fees be paid
for the benefit of the United States, and let the
several officers account with the head of the
Treasury department for the fame, who will ac-
c ount to the legislature.
t Mr. Clark bill by furthe*-*»«..
marks; he extended his ideas toTEaxlrijythepub
lic fccu ities; this expedient, he said, the public
exigencies may poflibly require. He repeated
his observations relative to the number of clerks
in the Treasury, employed on the business of
transfers; the great expence hereby incurred he
said was for the advantage of speculators, of
which a host was colle&ed in a neighbouring
city ; where, as from a center they extended,
their negociations to all parts of the Union.
Mr. Lawrance laid he always considered it
as indicative of the badness of a cause, when a
person descends to general invectives against
public bodies; —he alluded to Mr. Clark's re
flection on the city of New-York. Mr. C. said,
he had not mentioned New-York. Mr. Law
rance said his remark was applicable to the
gentleman's refle<stioin,let him refer to any city
whatever, Mr. Lawrance then entered into a
general consideration of the fubje&, and stated
the various steps of the process prescribed by the
funding law in relation to transfers. The de
du&ions he drew were similar to those made by
Mr. Ben foil.
Mr. Murray was agairft the bill—he tho't
it wrong in principle, and thinking lb, no ar
gument fpejcioufly drawn from a final! gain to
the public whiah it_\vas unworthy in them to
demand, (hoiild tempt him to vote for it.
He declared that when the bill was fir ft no
ticed —his reflections h'ad preftnted the provt
fion merely in a sort-os analogy with fee? juft
lv demanded in courts, and in common civ : l
oJiices, as oifices for the registering of deed
—But the moment the course of his reflexi
ons had traced the fub}e£fc in that analogy, he
discovered a strong and insuperable obje&ior.
These inftiturions, for the li.poort of which
fees were derir; ndable from such as had busi
ness, were fucli as the law eftablifned for tie
intercourse between one individual and ano
ther—here, on the contrary, the law relates
to a proceeding in which a debtor pubi c is to
transfer its promiftbry notes to individual cre
ditors—The public is a debtor—has iflucd ne
gotiable paper, part t f the value of which de
pends on t'le i'i ility of negociation—the ne
cessity ef regifttfjfcig transfers being merely to
fccurc the publ trr-As the debt was -übferibed
under t le idea vf trailers being of ex
pence, so to force the pur ties to pay fees would
diminish the value of the piopert}—for if it
be an cxpecfe now to the public, and that ex
penfe lie intended to be taxed on the thing
transferred, it would amount to something
like diminiihing of the debt without d) (charg
ing it. There is a (olid diiference between
laws that regulate fees to be paid on the trans
actions between man and man, and such as
relate to t ran fa <51 ions like this between a debt
or public and an individual creditor —If a
debtor const tutes a debt of a negotiable kind,
and at the time ofiffuing bis note makes each
transfer necetiarily to depend on an ai°t of his
own, We cannot expect to be paid for this—
313
l'iquality farms a part of the value he has
parted from.
The debate on the fub'efl was continued till
a late hour ; several other gentlemen spoke on
the occpfion.
The motion to amend the bill was at length
agreed to, the committee then rpfe arid reported
accordingly.
The bill and the amendment were laid on the
table.
Foreign Affairs.
PARIS, December 23.
NATIONAL CONVENTION.
Saturday, December 1 5.
Letter from Lieutenant-General Miranda.
' " Head Quarters General at
Ruremond, Dec. ft.
" Tbe citadel of Antwerp being taken,and
the navigation ofthe Scheldt opened,l inarch
ed forward on tbe 6th current with the army
under mv command, to attack Austrian Guel
dres, This mmcU.ofaSJtaguesfor the most
pin . .i'er a wild country, was executed with
aftoniiiing order and rapidity. On our ar
rival at the Mettfe, we found several posts of
tlie entmy, which the vanppiard easily requir
ed, Imingtaken some of them prisoners. We
took possession alio without opposition of the
townsof Wefem and Wert, belonging to Aus
trian fiueldres, and of all the territory on
this fide of the Meufe. We then crofTed that
river ;t the town of Wefem, by means of
some boats, as the enemy had destroyed all
their lying bridges. In Ihort, with 3000 in
fantry, and 300 buffars, we attacked our ene
mies, <vho, to the number of 3000 infantry,
and 3so cavalry had retired to Ruremond.
At break of day the head of our army having
appeared before Ruremond, found the bi idge
on tie Roer burnt. Our cavalry finding a
ford,,pafted the river, and the infantry effect
ed a falfage, by procuring pontoons. At nine
in thi morning, our troops entered the Capi
tal olGueldrcs in triumph, amidst the accla
mations of tbe inhabitants, who, in their joy,
invo!«d liberty, and blessed the French who
had lipught thr.m that prefcnt.
" 1 then found by the best information,
theenemy to the number of 3»5 30 regular
troops, commanded by General Gentreuil,bad
retired precipitately at five in the morning.
The Austrian Council, or government of the
Netherlands, who had taken refuge here, did
the fame four or five days before. My van
guard, which I immediately sent in pursuit of
the enemy, will not fail to come up with them
in their flight. Some of the inhabitants of
Prussian Gueldres, have already presented
themselves before me; to offer me their Cer
vices, and to solicit the fame happiness which
Austrian Gueldres mnft enjoy under the egis
of France.
(Signed)
After the reading of the above, Cambon in
the name of the military and Diplomatic Com
mittees, said, that the progress of liberty
should no longer be checked. 14 You must
(said he) freely declare our revolutionary
power in every country which weentcr. You
mnft overturn eftablilhed conftitutionr, and
cnnvoke primary afiemblies. This, instead
of infrjjfginp; oil the fovereigoty of nations is
eAablifhing it. 1 now present a decree for
that purpo'e."
I. The Generals in all those countries,
which are, or may be occupied by our armies,
lhail immediately proclaim in the name ef
the Republic, the abolition of the ancient
contributions, nobility, taxes, feudal right',
real and perfonat servitude, the exclulive right
of tumung and fifliing, and all privileges.
They aifo declare to the people, that they
bring them pcape, liberty and fraternity.
11. They, (ball declare at the fame time
that the constituted authorities are suppressed.
They (hall pioc'-im the lovereigntv of the
people. They (hai> convoke the Primary Af
femi'ltes to elect Judges and provifioiial Ad
njiniftvators, anil fliatt post up the Proclama
tion of this dcx. ee.
111. No on; can be admitted into the Pri
mary AifemWy, nor lie eietled a Judge or Ad
minifUator, if he has not taken an oath to be
fait'-.fyt and Equality, and if he has
not reiioß«ci-d all the privileges which hn en
joyed. ' &i.c r.ember< of the existing admi
ni(lr?tl»r>s and judicial powers cannot be oo
minatfrf »n the firft election.
IV. The National Convention shall ap
point commifliorers ciiofen from their own
bodv, to go and tofraternife with the people.
V. The Council (hall also ap
point Commiifioners for the fame end, and to
regulate the 'um due to the republic for the
expences it may have incurred.
VI. They (hall give an account of their
proceedings every fifteen days.
VII. The Fxeuc'n Republic (hall keep an
accAint of the expenccs it has beijn at, and
Iba'.l make arrangements for the payment of
tliefe expences.
VIII. The French ration declares, that it
will consider as enemies those people, who,
liberty, shall enter into accommoda
tion or negocjation with their tyrants.
IX. The French nation swears never to
lay clown its arms until the countries int»
which thev have entered shall be free and
their liberty fecmed.
The Proclamation referred to above was
then read. It wis in substance the lame as
the above decree, and was ordered to be sent
to the Generics by extraordinary couriers.
Sunday, December 16.
A letter was Tent to the Prefideht, ftating 1 ,
that the Rovalifts were beginning to shew
themselves ; and, that many writings were
circulated in favor of Louis s XVl.
Thuriot—" This is certainly true ; but
the best means of bringing hack tranquility,
and fupprclTing faction, will be to Decree,that
whoever {hall propose, or attempt to break
the unity of the Republic, or to detach any
part of it, in order to unite it to a foreign
country, fliall be punished with death.''—
Decreed.
Buzot-— 14 If this dec ee fe'ves to bring
baclf confidence, I fliatl propose another which
will tond fttl) to scco*iipri'ffi that objedt.
The Throne f* orcrtnrrred—tfce tyrant will
foon'he no more, hut despotism exists ;
its ancient habit?, its creatures ftiW exist ;
let us iipitare the Romans, they expelled
Tarquiw and his family;—like them let us
banish the family of the Bourbons. Louis
XVI. criminal and in chains is now not dan
gerous : we miift however facrifice him to
our fafety, and banish his family. If any Cfc
ception is to he made, it must not be in lavor
of the branch of Orleans. Thole who are the
most beloved a e the most dangerous. The
name of Bourbon is odious to every true Re
publican, and that of Fga/ify is so much the
more lingular as he a!Te<sb to conceal it. His
children have great courage, and they may
form alliances with the daughters of Princes.
I think them dangerous. If Orleans has made
facrifices to Liberty let him add to them, that
of delivering us from his p efence and froni
the lad branches of tie family of the Capets.
Charles I. died on the fcaffold, and yet En
gland recalled his son. The Lords placed
Charles 11. on the Throne. We have no more
Princes,but monarchy has its superstitious vo
r»»4e*» tfre~namc of King, and we
shall cease to be divided—drive from you eve
ry thing that may bring back arbitrary pow-
er."
Louvet—lil1 il I support this motior, and in
my opinion, except Antonietta and her son,
refpe&ing the fate of whom the Convention
re'erve to them r elves the right to determine,
every individual of the family ought to quit
France in 24 hours after the trial of Louis,
and to be punished with death if they return."
Laujuinais Remember the manner in* which
Egalire was ele&ed. Remember that the armies
are in the hands of his son are beloved
by the {©Idlers, and they defrrve to be To on ac
count of their bravery. K emember also, that an
attempt was made to get a person who was for
merly only Chancellor to F.galite, appointed
Minister at W?r ; any one may comprehend
these hints : Wedeteft Royalty—let us therefore
prove it by banifhwg all the relations of the ty
rant.
" MIRANDA."
Chabot.— If you wifli to exercise ostracism,
vf-'U must not confinc it to the family of the
Caocu.
The Convention, after some further re
marks, decreed by acclamation, That
" All the members of the family of the
BOurbonrs, Capets, except those who are de
tained at the Temple, {hall quit the depart
ment of Paris in 24 hours, and in three days
the territories of the Republic and the coun
tiies in which the French armies prelently
are."
The Convention likewise decree, that the
Ministers Pache and Roland should t>e replac
ed, and that the Committee of Constitution
should prefcnt, in as (hort a time as pofTible, a
pian for organizing an Executive Council aj>
pointed by the people.
JCerfaiiit. I request the Convention to lecoJ
!c£t the fatal epoch, when England, which al
ways takes advantage of the faults of the French
Government, caused to he exiled bv its intrigues
in 1757, M. D'Argcnfon and M. Machant, the
only two Ministers whose talents it dreaded, and
bv their means harried us into a difatlrous and
difgraceful war.
Pet ion Rabaud, and frveral other members
here attempted to fprak, but they were not able
to make themfelvcs heard.
Am adjournment was then twice proposed and
negatived, and Barrere proceeded to read the
firft article of a decree for banilhing the whole
family of the Bourbons, except those confined
in the Temple. A violent tumult now ensued ;
and after lons and uproar, during
which the President was twice obliged to putcn
his hat, it was refolvcd «fiat the queflion fhouid
be decreed; and that any member who might
interrupt the deliberation, fhouid be condu&ed
to the.Abbaye.
Rewbel hav'ng asked the Convention whe
ther they co\ild, without infringing the fort
reignty of the People, expel a member [Ega
lity] for no other reason than that he belonged
to this or to that family, a mod tumultuous
debate, or lather an uproar took place in tie
[Whole No. 40j.]
-