A NAHON4L PAPER, PUBLISHER WEDNESDAYS AND SATURDAYS BY JOHN FENNO, No. 34, NORTH FIFTH.STREET, PHI LADE J. PHIA
[No. 82 of Vol. IV.]
CONGRESS.
HOUSE of REPRESENTATIVES.
FRIDAY, March I.
in committee of the whole, Mr. Muhlenberg
' jn the chair, on the 3d, 4th, sth, 6th, 7th,
and Bth resolutions, refpefting the olfitia!
jarcduft of the Secretary of the Trealiiry,
far which fee 6azette of Wedneldav h.ft.
MR. B»Rn wp L ,i.
BEFORE J proceed to discuss the j
observations which yesterday fell
-from the gentleman who introduced the
resolutions now before us, I cannot ie
frain from faying, that I am extiemely
happy, that in palling through the medi
um of that gentleman's examination, this
fubjeft has changed its hue from the foul
of peculation to the milder colouring
(tain illegal exercise of discretion and a
want of politeoefs in the Secretary of the
Treafttry. 1 fed happy hecaufe I always
am so when any man chaTged with guilt
can acquit himfelf; and the mote so
now, when a man in a high responsible
office, and high in the estimation of his
countrymen, can reduce a charge from a
.quality calculated to have excited an alarm
even in Pandemonium to such a shape as I
fancy will scarce f-rve to fatisfy the un
common curiosity which it appears to have
excited. As I have never been in the ha
bit of taking notes, I (hall depend upon
memory in answering the gentleman from
Virginia ; although I imagine as that gen
tleman usually (ticks very close in his
point, whatever it may be, that in pursu
ing his charges I (hall substantially an
swer his arguments. In commenting up
on the two tirlt resolutions to which I am
by order confined, I (hall consider in the
firft inltance, what regards the tight of
drawing monsy into tilia country—the j
gentleman appears not to have confidcred
the law properly, for tkere cannot be a
doubt that the President had a right to
make what arrangements he pleated in
order to attain what he might consider a
proper modification of the debt due by
thp United States abroad ; he might have
borrowed the money here or have paid
here; he might have borrowed the mo
ney in England, or wherever he thought
lit. I will a(k the gentleman by what pre
cise authority he borrowed the money in
Amlterdamand Antwerp, and paid it in
Paris ; certainly by none, but that discre
tion which has been depended upon to
modify the debt in the manner most pro
ductive to the interest of the United
States, I take it then for granted, Mr.
Chairman, that th; right of the President
to draw the money bqrro\ved here, or to
fend it any where must be conceded : The
question will then arise, whether the Se
cretary of the treasury had a right to do
this cir no, and whether thU-iias not been
done without, nay, againlt the in(l ructions
of the President. I really consider this
83 one of the mod extraordinary cases
that I have ever known exhibited. Let
us cpniidev its form, a highly important
wuftof no ltffer import than the discreti
onary use of 14,000,000 of dollars is pla
ced in the President of the United States.
jl,e by a general commifiion and by spe
cial instructions, deputes his power to the
Secretary of the treasury, dating that he
is to conform to tbefe and whatever in
tuitions he might from time to time
give him. Let any man seriously examine
thelis powers, and 1 am of opinion that the
Secretary under these had aright todraip
if he thought proper, unless inttrinfted to
the contrary : For the President conveys
a cempleat power to modify the debt,pro
vided that it (hall be with all convenient
dispatch applied to pay the principal and
interest <3ue to France } for where the
payments are to be made are certainly left
to the Secretary. If this has not been
exercised advantageously thib is another
circumltance which the gentleman him
felf has not questioned. But fays the get»-
tleman, the Secretary under these instruc
tions had no special authority to draw,
notwithftciriding which he began to draw
ip 1790* 1"d has continued to diaw ax
Wednesday, March 15, 1793.
different times into the cnor
moui sum of 3,000,000 of drtllats, and
therefore he mntt have <J<*ne this without,
nay, again ft the inilm&ions of the Pieil
detK> who it is presumed having' delegat
ed this great trufthas newer for three years
inquired into the performance of it.
j Can this be the inference of common
ienfe—can this ixe the inference of the ex
perience which we have had of the Presi
dent, one of the prominent features of
whose character always has been an induf
iry to wvelligate particulars, as remarka
ble as his sagacity :o frame generals. If
then tnfttafticms,have not been given or
have been exceeded, was it neceifcfy for
11s to come in aid of the Prefideut, he who
by ow law has the power which we our
tetoes cannot exercise of removing any of
the executive officers at pleasure ; it cer
tainly cannot be neceffaty, for as this offi
cer continues to ast, wa must conclude,
that he has either a£ted by iriiuuiflioHs,
or in. fiich manner as to have given fatis
faition to his principal without them.—
Really, Mr. Chairman, I cannot fcilt be
lieve that if suspicion had not led thE'gen
tleman from Virginia astray, ths ufijal
correftnffs of his underltartding would
have prevented him from pursuing such an
ignifs futuus 33 this.
Thus Sir I think I have ftiewn that the
President of the United States certainly
had the authority to draw the furos t>m
rowed here, and that both under his co>m
miffion and his inftru&ions given, and in
evitably implied, the Secretary had also
this power, to do this. I (hall therefore
now proceed to a more special confidera
tioo of the firtt charge, that the Secreta
ry has violated the law in applying a por
tion of the principal borrowed to the pay
ment oF the TnterelE railing due upon that
principal, which was not authoiifed by
law.
Before I proceed, Mr. Chairman, I
would wish to remark, that whilll I consi
der no principle in legislation more cor
re&, than that no money (hall be drawn
from the Treasury but under appropria
tions by law ; yet I consider both as itn
pra&ible and mischievous the doctrine,
that the money arising from a special tax
(hall in no instance be used for any other
than that special purpose for which the
the Aims vaifed ought rather to be <;onii
deted as an aggregate fund applicable to
aggregate purposes, and indeed if a rigid
adherence 10 the precise letter of the law
is neceflary there. has been no occasion to
go abroad to feerch for violations; for
our government at home has been able to
atS only by this violation. Itis wcllknown
that the duties of impost and tonnage are
appropriated si.-si to produce the sum of
600,000 dollars for the civil lift, then to
pay the interest of the foreign debt and so
pn ; so that by q. rigid observance of this
law the secretary must have firft colle&ed
the 600,000 into the public coffers and
then a sum fufficient to pay the interest
of the foreign debt, a process which only
requires Hating to ihew its absurdity and
which must neverthelef9 have been connec
ted with a minute conltruAion of the law.
Indeed, Mr. Chairman, if theadls of com
mon life bear any analogy with public
management, which I believe, what could
be considered as being more extraordina
ry than that an individual (hould appro
priate the proceeds of one farm to pur
chase bread, of another drink, and to de
clare in the face of contingencies, that
happen what may, he would llarve (hould
the breed crop fail, rather than use the
surplus of that appropriated to purchase
drink, for its purchase. But to return,
what is this charge, a sum of money was
due abroad for the interest of 1791 and
1792, to be paid out of the domeltic re
venues of 179 1 and 1792; the United
States had an offer to make a payment in
part of what was due France, for which
money had been borrowed and wa9 alrea
dy on hand abroad, in a supply of provi
sions from here to the Island of St. Do
mingo, tbefrcretary therefore, aod doubt
325
l(:f» with the corffent orfthe Prefjdetit, in
stead of transmitting either bills or money
from this country to Fiance, 111 order to
pay the interest due there, and bringing
the money borrowed to pay the French
debt into this country, in order to f jnifh
supplies for St. Doming®, has committed
the great crime of diredting the money
borrowed and already upon the spot to be
applied to the payment of the interest due,
a-.d h.13 taken the sams applicable to the
payments of that interest which was al
ready here and made u£e of it to pay the
debt due to France in the produce of the
United States. So that although appa
rently a portion of the principal bojrow
ei bus been applied to pay an interest due,
yet in reality its capacity to be thus used
arose from its constituting in thiu country
an equivalent fuin applicable, and which
ha» been applied to pay off the princrpal
of the French debt, the object fur which
the money vva.s furrowed. Let candour
iuyeftigate this tranfaftion and fare I am
its deductions will be direAiy the contra
ry of a charge of crimination, I (hall con
clude with cbferving, that I (hould have
proceeded to examine the other reloluti
ons which I conlider cs weak as those I
have made fhorl comments upon, were I
not retrained by the rules of the houfc.
But this I will venture to fay, that they
will be proved unfounded in their investi
gation, and will merit the witty obfetva
tipft of a celebrated wi iter, that though
ihcy rose like a rocket, they will fall like
the stick.
Mr. Findley next rose and exprefled
l/imfclf nearly at, follows:
Mr. Chairman, being strongly impref
;cd with the importance of oiw time which
is now lo near an end, though I had the
fcOnunr of fcumidiug thtr rcfeintic»»j-1-
took no part in the debates of yelterday ;
nor will I now detain you with replies to
many of the arguments which have been
offered againll the resolution now under
dUctiflior).
Upon one argument, frequently intro
ducetl by the gentleman lad up, viz. the
greatness of the Secretary's ehara&er, See.
I will only make a Tingle remark ; there
ia no chara&cr officially known in the ex
ecutive departments of this government
who merits pre-eminence, or to whom a
degree of greatness can be aferibed, but
in proportion to his prompt execution of
the laws and the attention with which he
dilcharges the duties of his office. From
this rule the President himfelf is not ex
empted, much less a subordinate Secreta
, rjr» B'hofe appointment is. during pleasure,
and the duties assigned him of a changea
ble and temporary nature.
But to come to the rtfo'ution before
W»; the firit enquiries chat offer them
fcives arc, whether the money in question
was appropriated to special and diftindi
puipofes? I>id the Secietaiy of the trea
sury apply the money to other life* than
the law dire died ?
in answer to the firft it is only necessa
ry to advert to the law authorising the
loans. The law authorising the twelve
million loan, appropriates whatever amount
may be borrowed foMy to the payment of
debts then due to France and Holland.
The. law authorising the two- million
loan directs the application thereof to the
redemption of the domestic debt, in aid of
about dollars arifiug from the reve
nue previous to the firftof January.
These appropriations were precise, dif
tiniS ami unconditional, with refpedt to
the ufeß no room was left for the exercise
of discretion ; the will of ihs legiilature
was- esprefs aud clearly defigtied, it left
no rouin for evalion nor any excuft for
miftakc ; nor did the President transfer to
the Secretary any other authority or in
duction than what the law exptefied.
But the gentleman from South-Caro
lina fay», that preemption is, thasttli
the President did give other inftru&ions
tha* lie ha* that in this
cafe pcefumption (hould be admitted as
coftclufivc testimony ; aud'that the Secre
[Whole No. 404.
tary nor the PreficJent are not obliged ti»
communicate theinllrttclion or authorise*
to 11s.
The gentleman is » lawyer, I will ap
peal to himfelf, I will appeal to ail the
profeffi jHBI members on the floor, whe
ther presumption can be admitted as proof
where in the nature of the c»fe pofttive
tsfiimony can be procured.
Surely in courts of justice pufitire fef.
timony is always required, and prefurap
tive is rarely admitted ; but in this cafe
the presumptive is by the gentleman set
in oppofitiun to the positive. However
this is not the cafe in fa£h The President
did give cortimiffion and inftru&ions, and
these arc fully communicated to us. If ha
conceived irtt had no right to demand
them, he would have told U9 so j if he
had kept any part of them back, he would
have informed us, and nffijxoed his reason»
or doing so. I prefnme that the President
has a&ed the part of a canrli i honest man $
the gentleman picfumes the revtfrfe,
fuggt'ftion that this honfe, which has the
exclusive right of originating the appro
priation of money, has no tigh( to be in
formed of th< application of it, is so no
vel and extraordinary, so inconfrllent with
propriety and good government, that it
requires no reply.
Did the Secretary apply the money
borrowed in Europe agreeably to the le
gal appropriations of the Prescient? No he
did not, though some of the gentlemen
do not acknowledge this ; yet the Secre
tary has clearly acknowledged it himfeif,
and has filled his reports with laboured
and ingenious apologies for so doing ; he
has fuggelled a variety of motives, and
taken, infinite liberty to charm (is
with the mighty public advantages re
fulling from hie doing so. He acknow
ledges having drawn to this country and
applied in Europe to uses for which other
monies were appropriated, jmillfons of dol
lars ; out of this he has paid upwards of
400,000 dolls, of the French debt to St.
Domingo. I did not complain of paying
the interest due in Europe out of the mo
ney obtained there : The gentlemen ap
ply the force of their arguments with
great attention to support or apologize:
for this part of the Secretary's conduit,
as if against this only the charge in the re
folutton lay. But we do not object to ap
plying that money- in Holland, which
ought to have been brought here, if the
money which according to the appropria
tion should have gone to Holland had
been put to the life here for which the o
ther was intended, a simple eschange of
money for the purpose of eonveniency Se
(Bconomy ii properly one of these cases to
which ministerial discretion may solely be
extended ; but the qneftiort is, whether
the money has been replaced. The amount
of moiroy has not been applied-to the uses
intended, confeqjiently the appropriation
has been, disregarded. It is acknowfed'g.
Ed that though there were upwards of
1,300,000 dolls, of the d'omeflic (inking
fund, and upwards of 2,300,000 dbllan
drawn from Europe, be-fides the monies
applied to the relief of St. Domingo, and
yet when these enquiries began, there was
not 1,000,000 dollars applied to the re
demption of the public debt, and even ytt
the whole of the domestic appropriation
has not been applied to the finking fund,
notwithstanding that the public debt now
is and has for sometime been under par.
We have it on record, that the Secretary
Bever informed the commissioners of
draughts He made on Europe, although
the fund was exclufivcly to be at their dif
pofftt.
However I will not detain the commit
tee with minute ftntements, they are not
neceflary ; the Secretaty has acknowledg
ed that he drew more money from Eli-,
rope than the l*w awthorifed him to do :
that he was influenced todo so by motives
not contemplated in the law, and had ei
ther applied it or drawn it fiom Europe
with the dtfign of applying it to uftj not
authorised, and that be hasbroken in up
on the fund appropriate u»-the dHcWjr*
J