) .\ v :.:v^...1- ri*l'J: '' A NATIONAL FAPiR, PUBLISHED WEDNESDAYS ANTS SATUR [No. 88 of Vol. IV.] CONGRESS. HOl'Sii of REPRESENTATIVES. FRIDAY EVEN'IN'G, March K 'lui'jta&f of.lite obferwtiini male h \lr. Day;au,it lite'aeifle.. cm the jf"iVwiug rtjtlptiar, vit.. h E'SQ'tX'Ep, that the- Sccrcraty of the CV Treal'ury has omitted to diftharge anef initial duty,of liis ofljce, in failing to give longre'ft uiSfial imoriuatiop in due jime of he mhiiies a. awn by hiia from Europe jintp he United Stats'; ; wl'/ch drawing commenc ul iii Oeremfeer, 1792, ai'd continued till' ja -1783, a'nd'oi thfe caufc's of making luth Irafts. V(r. Daytbii said, that s& Jo late an hour of lie was unwilling to detain the coin- Kitta'a uimeteirarilv'; he t ruffed however that iliej; w«jiit«l'gi ani him their :e'iition for a i'e\v moiiwut? before .the vots vas take a- The reftjjnilbii upon "which the enle of the comitiltcee v.-a$ aeon' to he ett >fefftri, contained a direct charge pgajnft the Secretary' riCthe Tieafu'iy for having; " foil rd to 4ve Congress official information itj lac tiras oftfie monies drawn by him from Europe into the Oniteci State?,; and of the li'uies of futh drafis." He role princijWllv :o remarli, that the argtaJnenjs which had >ejn uied by the advocates of tiiefe refbluti ,u; in fnpport of the firft that had been dif- Misled, anil particularly by the member frorr Virginia (Mr. Madifonj were of such a nature is ntuft, if applied to the one now urcier dc iate, compel that gentlem'pn to abandon thi hi g? and give it his negative, jffrewou jrclerve any fort of consistency between hi ifguments and his vote. It had been alTerted by him, and feemeid tc ie relied upon as an important fact, that the Secretary's agency in, refp'eft to foreign loans, 3id not neceiTarily result from the duties of lis ofac?, or the conftitutiou of* the treasury l;p'artinent which on that head was lent,but ii it it was founded upon a special commiiiio.n iod in'ftr udrions given to that ollicer by the 'resident in whom the laws had veiled an au :hbrity. Under that view then it was dt-em !&"convenient and'pfroper to regard the Pit ul.*nt as the 'principal, and the Secretary as lis agent, in order that there might ap,>car :6 be (brhe foundation for the charge avStlnft the*latter, for having acted in any inltance tvithdut the express inftruftioii o:' the former. If this was truly the relanonftiip in which the Secretary itood to the President—if the Pre sident's commifiion was his authority, and the Pre fide nt's inftr'uftions, his Jaw and guide—if the cafe" of loans wail in relpeft! to the treaty: ry department, an extraordinary and extra ofEcial one, not neceflarily falling* under the Head of it, bur dVfrm,CL from t!ie ordinary re venues which bounded his legal authority, as htfH hePn'declared by a member from Virgi nia and another from "Ponnfylvania, Mr.Day ton called upon thole two gentlemen to ex plain, with what propriety the Secretary of tht Treasury could be ceiikited for not com pnfing in his annual oHwial fiateiaent of* re ceipts and 't'/Kpenciftures of public monies in his department, a report, of hjs agency in a business unconvicted therewith, which he trahfaft&d not in quality of financier, but of agent,'and for which' he was reA)onfi b!& tb the' President, who,was his principal, ftoiitstlsfs Would, have di"f innied him from office, if he h.id aaed un fafthfuHy. There apjieaVed to his mi:..!, A? r. Dayton v faftfffutffi Vnconltlffiicy andcont/adic ticjn , reafonipg }j£, had and the resolution on tne table, as..indued him fed belie ve thaf all who gave the if aiVent tor thrift? argufnent-, but especially tho'e who had and fuffp*>rt«y tHem, would join votipg-agauift tjiis proportion. But there were otner reasons, Ms. Dpytop added, whivh fcemed to his judgment to lead to the , fajfjte co\tchi(ibn. The Hc , u /f\ r ' ve ren d y e?sp rent ed their sense upon thfs fuhjeit. Th-ir. refa ctions, pJalfiJd'on the 2scT of Jdnujirv without ev.iddntly ..recognized 'certain principle .4»^ty.P»iJitated'*gaigft thoCp:contained.in tj»j| fefqjution. The Prs -of the "U liiteij States Y a * tljeie reaueil e<l Vo communicate tliu' in'forinatjon wanted!. It is well kno<*n to VvSfy member thSt this ' mpflfe'was never a<lop;etf in aitv citor in. forpiatipn refpfedfcing our fttcal ebneerns, or othir ptiatters toting bufii^fs the dewrtmw, .it w?s aljvsysob-, lervea wnen t..e information wanted was ot lu£h a r.iitur'e_as to rencici it improper for ei ther of the : uW»rdinare executive oncers to jiye. it*without the.order of their head, the Prefidejtf* Shall the Secretary of-ftxj Xreir f" r ? t r e " c P\ urct * tor .no( reporting to t r <-"s tran!a&ions unasked for, w'. ch it is MthiTted he was not 1 at libeVty to report even ufW-t&e order of the Houlc, without the *•' f an<^i<w i apd ekprefs direction of the Preli cprfuied for not giving n« °L^e # ironies by.bjnv from Eur°j^c > ar,d oi t|ie ; cai^s j of drafts, >Vhcn whitfi tK« luaji of four teen point ciTt the t **>*•' »;!,! i;i » : ' ?!.* Vi i 4 ;■ cabfe, the pqrppfcs. and de&gnate tbeiwioroppimori' j* ■)'{}: of the . A»th "* Aiijift dire £i»i tlx; application of two nrilfir oris to tire jwvn£r«>of' the piiolic debt. Was not this' country the only proper pluce for tliat operation! And woijtii any miff Ay that could be wade. stfvaptaggwuf- Iv for»t.be United Stages unjefs tlie money, was drawn here ? Was there not a djfcretionary ,p<Swer given to the executive over the -otter twelve niiilio'tisAitined to tlie payment of our deb: ta-Franc?, iii virtue of which fuctl IWtinn of.ii itiigiit be dr.awavhete,, as might deemed confident wi§h the public good ?. Had not events fjjlly t ijj>(ii}U;f] Cougrets in liav ing gjaiitfd that dilcrctionary power, and the executive ii\ the ule they had made of it ? THrongH the inflrumenta'ity of drafts . we bad been enabled to purcbafe nearly twd millions of our ,ow(i,debt, and to pay in (bis in, produce) abpqt a iniilion of; iMtn<;h aebt, by which the Colony of St. Domingo had been relieved fioin its annthe govern ment' and jieapte of France highly gratified ailti benefited. Far. £uom meriting censure for ajvafijfcntent* fpprqwfen? aad.te' efit i^l, tjie man who- bad «%&ed theni was, Mr.Day ten",«ifert*dl entitled the coiiinie'ndatioii and thanks mint countrymen, yhit the Se cretary haddifisTiftrfeecl biith nil ordinarjy and j extraordinary duties with ability aiid integri l ty, had been dejiltd by. nbne, —that ! lie (ijtd ast of Ajie 4th of An { gi(li f an<l,dfparted if* true fj»srjt, had 1 been urged ancf (imported bv very few, but 1 that the which lit; made, had * ! prove'd beneficial to France, arid highly favor. |j a|x'c to the intetefts of the Uiilted States, j fceraed to admitted by aHj even by > thi.* who had questioned the legality pfjthem., . Mr. D.iyton'concltided *. Ith faying' that, he was hapjo'y to find he flioii d he wjth a very large majority of the Houlc, in the v'ote that tl»;,SttTetaVv i,\iias not .changeable with the , qfliijf.oij.and failive which the refoiution aim ! cd upon him. j Mr. _£in<Jlety—lf re r peftijig tl:e j government have not been equally elevated " with tiiofe of the gentleman from Maflaihu j fogs [Kir. Ame')' neifjier are ,jny a'ppre+en > (ions so much deprefled with fears. Bu® I > hype I ain {he liability and ; pr.if|>erity of. the, government j,.pJid though : we ditle'r in opinion on this qucltion, yet I am | firmly ptrruaded, that tfie'part I take, is the ; belt calculated, tq promote the ueceffary con- Cjlenqe afld lecure the virtue '. of it s,adilyn (ftratio,ij. As the gentleman, ip an elegant discourse, has explained no diffi- I culties, nor adduced arty proofs in Support of his opinions, Twill only add, that I believe the government to lie' so welleftablilhed, and fd. aiuf by. (be citijpn«,.as wit.to, ba j eudan;> ved by the Houie of j exaininiiic, how the laws have .heen ojjeyed in tae application of public money, and giving tbetr opinion upon the"result of that exami nation That tbe Secretary ha« not reported fully to. thjs Hoafa in due ti:ue, is !'o much, within th^knpwledgeof,e.yery t member, thai; it, is. impoflShle to doubt ot' the truth of the fact, however we may differ about the propriety of, the conduct. To go no farther bafck than hfft lelfion, besides the references to the Secrcta ry, to;ueport uponithe ways and means, and infoi tae House ,\vUat re venues we>e , pe cejfary, op yii 3qth.,«f February, # {landing oider was relblved, directing, that he Iboald report, unto the House, within a few days after tlie meeting of the uixt feP fion, an uaurttt and occ&Ui.t 'tf the rt ctfpis ant txpnditutfi of ql/.1/it. finite monicj, in. whick /hall bt itJUngutflicd the expenditures fall under eacl head of appropriation, avd that in it fhfllthe jkeun the fums,ij any which remain unex~ - f-endedy &c. . .... , ; Were not the monies drawn upon loan, public minies, and were not those loanVappro pnatt d? Undoubtedly they were ftriitly so :. -it is aftrange evasion to fav, that by theft expregions only, the curreut revenue is in» tended. . Arguments rnufl be, fcarxe when ttyjj oecoiues necelTary. It requires no refu tation. Oil the 9*h of Janliurv I ast, he was called upoiv to Aiy befoi e tke flonfe fmh informalicii with icfptft to the Jinaiicis of. ibi United States, as ujMJ the (,c£/U;tire t» whetl.tr any or what ; additional upenuts i4'itibc ncccjjary. ■ i "tf In coiifegjieiice of the recommenilations o| thePrelident, anil the ui/jies ol'this Hou e to commence the dilchatgc of the redeemaolr h part of the funded debt, a-retercjice v.*as iiade to the requiring him te re '.pqrt a for,the application of the public • money for that purpose. The ,House being | affnred by the gentleman whomvivecj tte le ■lolutioii, that no new tax was'Lnended or i neceflary. But the Secretary, so far from iri ' the House, how rancii money he had I'utjeft to his discretion in the bank, in notes, &c. proposed a new and partial tax, as the foundation ps a new system of loans. \Vbaa the memcraiJ.e bijl, fqr to wtborUe ' ar.Lthcr luar. el 2,Q0-,~0- ol dollars, was be • j ' •" | 349 Vi/ E^NESOAVj ■fiyjboWHifp, No. ,3:P»M-aC^.^'i4; V - • April 3, 1793. [Whole No. 4? o.j - V- V IT, ■ . • ' --r fdre the lion ft' a few week: ag<\ we were W?!<M>y g&otlemen on this floor, that' there was-tfot time fjr argument■that the Mil ;v.u(L be pf»(Ted in three or fnuv days. &r.— * and when we wanted i'll format ion, we were told by fonle of the friends of the bill, that it j was i»ot convenient to give information there —that we might procure information else where, as they had done. I confefs I d'ei not comprehend this method of legislating p. but ihe Secretary has since cxpl uned ir in one ,ol lis reports, by comply Mug of the Hoqfe, be laufe the members did not 30 to his oifice, ;nd aUc intormatio.n, instead of requiring ir 1 be publi&l? reported. v." Even when this favorite bill for a nev yan war, before thp House, the Secretary di< lot condescend to inform us, that he hid /ithout authority;* |> ovitled nearly a inillioi md a hiilf of dollars for that porpofc < H\ lid not-inform us how obligingly he ha< Irawn bills upon our bankers in Holland, Cl iave the money put in our way. Thus, in order to anticipate the payment due to the bank W did. what he coald, to in duce Congress to break the public iaitb, b> repealing the exifti-ng app'opriation, r.md for feeurrog the discharge of a debt of jufiici and gratitude to the French nation. Fron this, and other instances, it appears, that how ever high the Secretary's regard for publh credit may be, there are other coniideration_ •which have obtained a higher degree oi his at tention, than obedience to the laws. Tin gentleman from Virginia (Mr. Madison) ha: so tlevrlv explained the nature of rhnt <>fci ei tion with which the Secretary is vested, anc (b fully proved that there was i) 0 u jutlify a departure from the appropriations made by law, that it is not neceflary ,f<sr m< to explain further on that head. , However, I cannot help remarking, that the discretion ary powers were pretty freely exerciied.—- Tie drawing of bills began early, indeed*- and .we re. continued to a recent period : The times of drawing fortunately correfpondec! with the necelfities of the bank, and the pow er ofeiiiployiwg agents wa': pretty freely used". The fame agents were frequently both the fellers and the purci(afer* of the bills. Per haps this was nece&uy : Nodoribt if%ks coiJ ven lent i Probably it wasjafe ; but who can fay, »t will be always so ? I have not fnid To muctf to prove the truth of the«,iaQs in the refolutfon j fpr, , .of this, there: can be'.no Joubp it js as cfijr as the fun fliimng in <}n^-ligjlit, But* inordef to 'prove the propriety of this comuii.ttee e.v [ pre fling its of a condud so unc juftifiable, tb&t infornuition waswithheld uji- evident* fr<jin I cu/fion—that itwa* obtained withidijfficiulty, | i? evidepj, iVqiti i[,e numerous applicatioi|j we were obliged to make in order to obtain it. |..... i - :i | —— On tiie tytiff U) refer Mr. Giles's tefgfutions\rtlfaff ing |.(jtepjficifl coruiudofthe Secretary of tie Frta. Jury, Mr. Murray made thejt How fug obfc'rvati6>is. He said he was op'pofed to the referrenfce of the refolutious to the committee ot the whole. He bad, as far as the time permitted, examined the ieveral reports on which the examination depended-, and was then ready to vote on them—though be, copfcflgj from the intricacy inherent in fucii ft %s well .as .from the vast variety cf the detail iavuUxd, he-had. not, bad -foSicient; I time for a complete ii) ve/iigat ipn~Nor did h £ imagine that any man who had not previously uiedjtate<i .on the fubjsct sos a length of and .made choice of his ground of atttickj could fa.v he was completely'-matter of the fubse<Sbr-*Siimc vote, was.now ren dered etfential to the ehara&er not only of government, but of the gentleman who pre sided over the finances of the country. But three days were left for this enquiry, and to„ finifii a gretf deal of other business—and he i thought that dilpatch which was u iial in the House, ought to .lie used in preference to the indulgence whrch a committee afforded—As to the abitraft proportions, if it were necef-. i fary now to go into them, he thought it woyld Ibe proper to decide on them fir ft. He tlio't •it m?it logical to .'ay down p; jntiplcs of rea soning before faifts were d« v e jo_ped—W erf ! they agreed to by the House, it would be un ] der .proviiipns and reftriaions—They could not have the implicit force of axiom?, tout at { moll muil lie .yielded to as wholefomemaxims, tfye application eCvbich cwft be frequently modified by, a cectain degree of diforetion. "With relpeftto all the other resolutions, he imagined they would on examination be found to be unwarranted by fafls. He hoped the movers and supporters of the refofotions would not be gratified at so late a season, bj the Houle in resolving irfrf) into a committee of the whole—Tlietnode in which tbey were brought forward-did'not entitle tfiem to mucTi confidence- He Paid a more unhandsome pro ceeding he had nevtr seen.ii! Cijngref;—-It hud been a pra&ice derived frwn the lights of common liberty, common ri>ht and the firft principles ofjuftiee, that whoever was charg. cd with a violation of taw on wbicb a pumfii- rucftt. «(>£»«A, foui* lanih of ar» t'weriog tu tbe tharg«—ll in a, retent in W- v-V •. " • ■. ■■ ■■■ jw'w *j l * r M.3&!? r * YufiUj wfe - ■. tK#-too»$ •* '"I 1 " : tfbintedto examfii?—ttie pp.ip colar}/ ct>3«/iu?dj*'ißs,- be u^rftocdslv.it• ~• ' its cqrtinvi)t|.(.*e «>e*filo*ni >wL 'if, HSV matiotv—Though th« Secretary ut.. not th*-itafr) jutf>?e, *jd ttwvmti-ift op^w^pfJaciPtss of jurifprudance jo.wlgdkj.we atte'.nprejl to hum forae « a alogy,' <krniS?TOel} t#a t lie ftluuld betea»#/oijiewtere—-3»<J t!i<toi}itett,f; was . <Ju#rfeii nsl tjtlY©*! a retij «<»l*vl>e;(*ii jjji > t.!>» ViW'Simjtttft# fr »<N«I ■,: l tt* «w* fitotfwj taftjf umi«r - an - set iJnrtfcnibijfef'ti rrWitt Krd?t*,':tVaM& tri*tbe eiHWiihsd,rfjht«!'il" citUcinftip,; («<wli~;eaoh .WWJH^stbi v fepuy.^Hts» r gir;flUittyi: t^%^jtp,,f'dcft they jTp/Jflent '«l't',#. |M''«i :t-s- Hot- sa'-'nil# cKii'je xnns-gbrte 1 into,' MelVrit V^'i >+* Ulcedi—Every ruh ojf'jtitior,- M»d«t(tt«T dt- ItCHMsjr ff» ; aWM-.Wf. P«<»- &s^->vS l BiSdlb.?; e V WX>'i « c fbvW»rtf,iioif'foi , t«iQ\iiry'!»(jl if by WmSjwit?^oJ<tHc ■taibf f»ltatc*d by (tf.iti*S <if<Jw bjg^fft ( ofi<*;iis:. Vk vtfc* f f f ■ W'ftWß.Sf^ fWiitioas/in«ae'fljSent ,«F<rnnvury»lrVvas Hie partiaJ'irrQ fftnoicH isgfttiW 'of-Str&'kf tipii Jitigftl isifc t*l«f <WWlfc - t«lWtt^rj r !v:v,e r prectdv ; tlig Hjufb would'.hot ret'er tv -f'^^jji- more d^u&tvli. .T i*.r t »lv tV.' a : S i * » • ■* kV *' H For the GAZETTEof tU, USin-.U iiAfEv GERXAJN lefo'ujtiyns niovetl in the Ifjjif !a uie of Georgia have papers, tfjcpfeHtng tiieir opinion on .the oucfFl* ofi> *» whether a Ifr.te piay be fueel rn the-.Sti ptomfe Judicihi-Chtfi t of Hie- United S* .fto 1 T?b«y rejetl tJte with no fcaijilicjfr &ufl. regions,, tbay Jaiy in,!«fc. (lance, ifthcy be made liable by ,Jup course Of law to pay their debts, it would be a-mofl grievous wrortg 'and injtiry. 11 \riAftfl create a perpetual bni then of taxes' in adciil 1 tion to such as they hare to bear by the ihV jyftice; of funding system. Admitting the horrid wrong of being compelled to pay their debts to be a clipping of the plumes, ol th? im r pefia! Sovereignty, it is not a clear point that a.quefttoin- in-the'law courts HrcirW bej in ftrkft propriety; decjitd by the legiflatjne nf Georgia. The office of judges, and legifl itoi-s feenvs to be jilended. In another suit Geor gia (Tpiamtiffi Will,the (late plaufe to. rej fbjve how that suit lUal) be decide.'; ? Ye; rheV'tilink it proper r<i lend their refo'ittionS to the judges of the Supreme Court. IstWH done- to over awe, or to convince tkc.m I Those who afe so atVpijJ of being encrwehtd upon, should not eijcroacl.—They might hay <} relied,on the law and conftitutipn, If they wfiffe is they Tappofed —and,if they were Hot rightlyuriderftt>od,'the court would not be helped by their assistance. ■ While tljey fear the iova.'ion of their peqih liar province wjth so much forcmel's jej loufv, It became them surely to un touched the exclusive. authority of Congtefs. It seems they adopted a different opinion. For th*y have gone out of' their way to c-ilt the- funding fyfteni hadjia tries. It w.ouid tp; pear a« indecent at least, and perl)aps,'4s.4ar,«> 1 gerous to the foyereignty of ,the people of the United States for the legillature oi'a State to discuss the mei its of the acts of Congteft 1 and-to p&rscenfij>es on them, as for a law ! court 10 interpret the Conl,Htution according j' to it* legal feiife—of which they are the pfo ' per judge 3- The i'oveiejguty of the whole j people of the uni in feeuis to be as sac; ed „, the Sovereignty ofpeorgla. Tiiey tell us in • deed that for them to be I'uid is icpiignatrt fu ; the fmattcfl idea of Sovereignty. perhaps it iV meanttLat the Smaller,the ideaolrfoveje'igiftyi the'more must be made ol'it, and >hv mow: tl y greater mutf give and yield to, the tefc. So much for tbc decency of this ir.trufion us | their cenfufe on the funding , SyHem. Kcw [just is it ? Precilily as just as it is decent/ j When they Speak of the t»jufiiu of the I fyftaiu they certainly intend thq*. j fuffei s wrongby it. Who is it that : wrong ? Is it intended to atiirm that tU ivr tificate holders receive Hji ibun tli&fTi;',ht TKis can not be luppvfcc! ta be tfceii cuutep <■' f V 9
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