A NATIONAL PAPER, PUBLISHED WEDNESDAYS AND SATURDAYS IT* JOHN FENNO, No. 34 , NORTH FIFTH-STREET, PHII. A'Dhl.l'Hl A
[No. 81 of Vol. IV.]
CONGRESS.
HOUSE of REPRESENTATIVES.
THURSDAY, Feb. 28.
ON the motion for referring the resolutions
refpefting the official conduit of tiie Se
cretary of the Treasury to the committee of
the whole,
The two firft resolutions being read, refer
ring them to the committee was objected to; it
•was said they were abilrafl proportions—may
contain felf evident truths in themselves, but
Jiable to modification in their application to
particular circumstances ; if these are refer
red—the committe may wale their ti*ne'in
<lifcufung propositions which do not in
to the merits of the main object of the enquiry;
this discussion may and probably would be
spun out to such a length as to preclude a con
sideration of the main object; the charges
adduced against the Secretary. The coofe
cjuence will be that the resolutions will be
printed, go out into the world, and make im
pr#>4foiw op t*ie public mind without being ■ac
companied with any statements or reasonings
to counteract or obviate their tendency
That the present enquiry may involve a fur
ther step—an impeachment; it therefore ap
peared improper for the House to commit it
felfin refpeeV to abftraft portions, which would
tend to embarrass both the Houle and the Se
nate should an impeachment be the confe
rence of the firft discussion.
In answer to these obje&ions it was said,
that it was furel v not the way to obtain a full
difcuflion of a proposition to mutilate that
proposition in the firft instance—That every
member has a right to bring forward such
propositions as he thinks proper—that it ap
peared a strange way to decide on the merits
of a proposition, to preclude the House from
a •lonfideration of all the parts of such propo
sition.—That a difference of opinion appears
to exist in the conftruftion of the lawbetween
Congress and the Secretary of the Treasury—
That the two firft propositions may be confi
«iered in the light of a preamble to a fubfe
<)»ent act—whieh is afterwards susceptible of
ificJ.M4»n io any ftegp of th*
deliberation on the a<st, fetter or embarrass
that deliberation.
The last resolution is to this purport, That
a copy of the foregoing resolutions be laid be
fore the President of the United States.
It was remarked 011 this, that the obvious
motive sos it is, that the President may take
a hint to dismiss the officer in question from
office—this it was said was giving the Reso
lutions all the force and effect of an impeach
ment; for dismission from office is the only
confeauence of impeachment—so that the
responsible officer is in this way to fuffer all
the consequences of criminality without one
of the forms prescribed by the constitution in
cases of impeachment.
The following remarks were made by Mr.
Smith, of South-Carolina, on this occasion :
Mr. Smith was decidedly opposed to re
ferring thole resolutions to the consideration
of the committee of the whole house, because
he neither viewed a discussion of them as ne
celTary on the present occasion or warranted
by the nature of the inquiry into the Secre
tary's conduct. It was trifling with the pre
cious time of the House tolavifh it on abftraft
propositions, when the obje<ft of the enquiry
ought to be into facts ; he was fatisfied that
should the House once involve itfelf in an in
vestigation of theoretic principles of govern
ment the short residue of the fellion would
be exhausted, and no opportunity remain for
examining the charges themselves ; t.hofe
charges being made, it became the House
from a sense of duty to the public and jultice
to the accused to proceed immediately tocon
fider them. If the mover intended to apply
the principles of the two fir ft resolutions to
the fatts contained in the subsequent ones, it
was unquestionably proper firft to substantiate
the fa&s and then eftablilh the principles
which were applicable to them, but it was
surely a reversal of order to spend much time
in eftabliihing principles, when it might hap
pen that the charges themselves would be to
tally unsupported. He did not like this mode
of proceediag because it might tend to mis-
Jead the House; it was sometimes a parlia
mentary practice to endeavor to lead the
mind to vague and uncertain results by firft
laying down theorems from which no one
could dissent and then proceeding to imper
ceptible ihades to move unsettled positions in
order ultimately to entrap the House in a
vote which in the firft instance it would have
rejected. This mode of conducting public
hufinefs he confickjred as inconliftent with fair
inquiry. The qneftion was, had the Secreta
ry violated a law ? iffo, let it be shewn ; eve
ry member was competent to decide so plain
a quettion; he could examine the proofs,
read the law, and pronounce him guilty or
innocent without the aid of these preliminary
methaphyfical djfcufllons.
If it were urged that the proportions are so
and obvious that no time wouldbe loft
Saturday, March 9, 1795.
in confuli-ring them, he then b«gged leave to
observe that all antecedent difcnfGons of con-*
ftitutional questions had never failed to occu
py a larjre portion of their time and that how
ever felf evident the resolutions might at the
firft glance appear, a more critical attention
would fatisfy a mind notmuch given to doubt
that they were by 110 means so conclusive as
ta be free from objections.
Though the position contained in the firft:
resolution, as a general rule, was not to be
denied ; yet it malt he admitted that there
may be cases of a fufficient urgency to jufti
fv a departure from it, and to make it the
duty of the legislature to indemnify an officer ;
as, if an adherence would in particular cases,
and under particular circumstances, prove
ruinous to the public credit, or prevent the
taking meafuresefTential to the public fafctt,
against invasion or infurre&ion. In cases of
that nature and which cannot be forefeen by
the le.ifUture, nor guarded against, a dilcre
tionary authority must be deemed to reside in
the President, or some otberexecutive officer,
to be exercised for the public good ; fucn ex
ercise instead of being construed inro a crime,
wotfM always mert ttaf approbation of the
national legislature : if tliere be any weight
in these remarks it does not then follov.* as a
general rule, that it is eflential to the due ad
ministration of the government, that laws
making Specific appropriations should in all
cases whatsoever, and under every polTible
circumstance be ftri£tly observed. Before
the committee could come to a vote on such
a proposition, it would be proper to examine
into the exceptions out of the rule, to state
all the circumstances which would warrant
any departure from it, to whom the exercise
of the discretion should be entrusted, and to
what extent. Did any member wilh at this
period to attempt this enquiry I He supposed
not. Let every deviation fiom law be tested
by its own merits or demerits.
The second resolution v/as liable to stronger
objections ; it might with propriety be ques
tioned whether as a general use the position
was well founded. A law making appropri
ations may be violated in various particulars
without infringing the constitution, which
only enjoins that no monies (hall be drawn
irom tik treasury but in consequence of the
appropriations made by law j this is only to
fay, that every disbursement must be author
ized by foine appropriation ; where a sum of
money is paid out of the treasury, the pay
ment of which is authorized by law, the con
stitution is not violated ; yet there may have
been a violation of the law in some Collateral
particulars ; there may even have been a
fhifting of funds, and however exceptionable
this may be on other accounts, it would not
amount to that species of offence which is
created by the constitution. The comptrol
ler of the treasury must countersign every
warrant, and is responsible that it be author
ized by a legal appropriation—yet it cannot
be supposed that he is to investigate the source
of the fund.
One of the alledged infractions stated in the
subsequent resolution*, namely, the drawing
part of the loans into the United States with
out the inftru&ions of the President, evinces
that the opposite conftruftion is not a found
one, for suppose the fa ft proved, and suppose
it a violation of the law, it certainly would
be a very different thing from drawing mo
ney out of the treasury without an appropri
ation by law, for in this cafe there would be
no drawing money from the treasury at all,
the money never having been in the treasury.
Mr. Smith then said, he should also object
to referring the last resolution, -which is in
these words, Resolved, that a copy of the
foregoing resolutions be transmitted to the
President.
The object of this resolution went clearly
to direst the President to remove the Secre
tary from office : the foregoing were to de
termine the guilt, the last to inflidt the pun
ifhment,and both the one and the other with
out the accused being heard in his defence ;
when the violation of the constitution was so
uppermost in our minds, it would be indeed
aftoniJhing that we should be so hood-winked
as to commit such a palpable violation of it
in this instance. The principles of that con
futation, careful of the lives and liberties of
the citizens, and what is dearer to every man
of honor his reputation, secure to every in
dividual in every class of society, the prc
cious advantage of beirg heard before he is
condemned.
That constitution, peculiarly careful of the
reputation of fcreat public funttionaries, di
rects that when acciifed of a breach of duty,
the impeachment must be voted by a majority
of the House of Repreientatives, and tried by
the Senate, who are to be on oath, and two
thirds of whom must concur before a sentence
can pass, by which the officer is to be deemed
guilty-—The officer is to be furnifhed with a
copy of the charge, and is heard by himfe!f or
his counsel ill vindication of his conduct.—
Such ie the fo'emnities and guards by which
they are protested, and which precede a sen
tence, the only effect of which is a removal
from office. But if the House proceed in the
321
mantfc'r contemplated hy this TPfoUrtwm, if
thfcy. firft vu te the chargevand lend a
of them to the Pieiid-.nt, as an inflection to
him to remove the officer, they will violate
the sacred and fundamental prn :cipiesof thi?,
and every free they wjjl con
demn a man unheard, nay, without his having
even been furniftied with the charges
him j they will condemn to infamy a high
and responsible officer, eopviCled by the Re
presentatives of the people, <>1 a violation of
the important trusts committi d to him, with
out affording bim one opportunity of vindi
cating his character and juftifying his conduct.
In committe* of the whole, Mr. Muhlen
berg in the chair, on the 3d, 4th, sth,
6th, 7th, and Bth ltfolutions, as pub
lifted in the Gazette of Wednesday
last.
MR. Giles, the original mover of the
refolutions,rofe. He was fenlible,
he said, that he flood in a peculiarly de
licate. iituation, iu which nothing
,tk« public good, could have indited him
to place himfelf. If a public and highly
responsible officer had violated the laws,
it was neceflary that he should be called
to an account for it ; and to determine,
whether in the inrtances before the house
he had been guilty of that violation, it is
neceflary to compare the teftimouy with
the facts alledged in the resolutions befoie
the committee. He firft adveited to the
law authorising the President of the Unit
ed States to borrow 12 millions of dol
lars, for the purpose of paying the foieigft
debt. On this he remarked, that the au
thority of borrowing was expressly given
to the President, no doubt with an eye to
the personal virtues of the charafier who
fills that office } the loan is also diredted
to be made, solely for the purpose of pay
ing the public debt. Here he remarked,
that in every appropriation-law the appio
prrAtlun i» always emphwifcaily mtifition
ed, which is an evidence that the legisla
ture intend to remain the sole judges of
the applications of money. He read a let
ter from the Secretary of the Treasury,
who was employed by the President to ne
gotiate this loan, to Mr. Shoit, the Se
cretary's foreign agent 'for this purpose,
dated ihe 9th May 1791, i" which the
Secretary informs Mr. Short, that one
million and a half of the money he had
obtained on loan was destined for Franct ;
of which sum he was authorised to apply
immediately one million, but to relei ve
800,000 florins to answer subsequent di
rections he should receive from the treasu
ry. He cited this paflage to fliew-that the
million and an half which had been ob
tained on loan, was defined for France.
To remove any doubt that might re
main npon this head, he referred to a pre
ceding letter from the Secretary to Mi.
Short, dated the 13th of April, in which
it is also expiefsly said, that of the two
millions borrowed, one million and an
half is intended for France, the remaining
half million to wait for further dire&ions.
Having eflablifhed this point, he advert
ed to the resolution before the committee,
which fays, that he applied a portion of
the principal borrowed to the payment of
the interest falling due upon that princi
pal, without being authorised so to do by
any law. To (hew this he referred to a re
port of the 3d January, containing sun
dry statements refpefting foreign loans.
That part of the report to which he allud
ed in proof of the fad, dated in general
terms, a sum paid on account of foreign
loans, and this sum was taken from the
principal borrowed, and amounted to
189 florins. If his statement was
accurate, the fad he wilhed to eftablifli
was, he said, proved. He wanted more
light, however, he confeffed, than he
could colled from the Secretary's official
communications. He should not go into
the examination of what circumitancts
might have induced the Secretary to devi
ate from the poGtive injunctions of the
law, or to make any remarks upon his
condud, until he had heard what gentle
men would fay to controvert the fad he
wished to eftablifli.
Another fa A of confluence be wiflied
[Whole No. 405.]
to prove, viz. that part of the money ob
tained on loan in Europe bad been drawn
over, though not wanted here fui any pub
lie purpose : this appeared, he (aid, from
other papers—He turned to the iintitic
tions from the Prelident to the Secietery
of the tre a fin y, authorizing him to bor
row fourteen millions of dollars, in which
the Secretary is cautioned to keep in view
the two several atts authoring the loans,
and the diftinft conditions they content
plate. By the inltru&ions of the Preli
fident the Secretary is authorised to apply
the monies. In the execution of the trult
confided to him, the Prelident generally
dire&s him to employ Mr. Short to nego
ciate the loans, to borrow in the manner
prescribed by the a«Sts, and to discharge
immediately the arrears of interest due to
the French, to which purpose and tt> the
complete payment ef that debt, the 12
million loan was appropriated.
If this money, then, was fliewn to have
been drawn here, it was neither warrant
ed by law nor by the Prefident'g inltruc
tions. The Secretary d'd begin to draw
as early as 1790, and had continued to
draw from time to time, till 1793. with
out giving notice of this to the legislature.
Having (hewn that the Secretary had
drawn without authority to draw, he next
proceeded to consider the object of thole
drafts.
The money thus drawn for was not,
he dated, applied to the purchase of the
public debt ; no money obtained from fo
reign loans was thus applied until this
year ; the resources appropriat
ed to this objedt were never exhaufled.
These were the fadts involved in the firft
resolution, which he \vifhed to eflablifti :
before he proceeded further into the dif
cuilion, he Ajeilhed to hear what gentlemen
had to fay to controvert them. He wiftted
to fee jullice doiie in the bufincf* before
the house ; he meant justice, also, to be
tempered with moderation and mercy,
and if gentlemen could fliew a necedlt v for
the deviations from positive law, whichhc
had endeavoured to point our, it would
exonerate the Secretary from a very great
share of blame.
Mr. Barnewell called for the reading of
certain paits of the two acts authorising
the loans. Out, of the 4th of August, ati
thorifes a loan ps 12,000,000 to be ob
tained without limitation as to the inter
ell, for the purpose of foreign
debt, the other is of the 12th of Angufl,
for 2,000,000, the interest to be not more
than 5 per cent, and for the purpose of
reduciug the domcllic debt.
Mr. Sedgwick lamented'the fhortnef*
of the time for the difcuflion of an obje&
of so milch impoi tance to the party accu
sed, and in which the honor of the go
vernment ami the peafce and quiet of the
community were so deeply interested.
For what object, he was thi6 extra
ordinary invelligation at this time ? It
was not for the dete&ion of fraud, cor
tuption, peculation ? Thef? chargeswere
relinquiflied, and now the prosecution
was confined merely to enquiry whe
ther this officer had discreetly and ably
discharged the important duties assigned
to him; whether he had observed by
(hillings and pence, during the conrfe of
his adminifttation, the precise limits of
his authority, in points of appropriation;
and whethrer, fiom confcions innocence,
he has dared to express to thin House, the
natural fentimer.ts of an injured and me
-1 itoiious officer in language ofFenfive from
being too plain not to be understood, and
too bold not to give offence, in short, io
the language of freedom. Gentlemen
did not hesitate, for these unimportant
purposes, to r.onfume the greater portiqn
of the few days allotted to our political
exiltence, and even attempt to agiute by
founding an alarm, the public mind from
St. Croix to St. Mary's : and for what
ends ? Did the gentlemen prosecuting
propose an impeachment ? No, they r*-
prefsly disavowed any such intent ion. Fcr
what other puq>ofe we were authorize A
V