Gazette of the United-States. (New-York [N.Y.]) 1789-1793, April 03, 1793, Page 349, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    ) .\ 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