Page images
PDF
EPUB
[blocks in formation]

amendment and modification of the fifteenth section, to read as follows:

"And be it further enacted, That the President be, and he hereby is, authorized, from time to time, to call into service, and for such periods as he may deem requisite, such number of cavalry as, in his judgment, may be necessary for the protection of the frontiers: Provided, That the non-commissioned officers shall not be allowed more than one dollar per day, nor the privates more than seventy-five cents per day, each person finding his horse, arms, and accoutrements, and at his own risk, and twenty-five cents per day in lieu of rations and forage, provided he furnish himself therewith."

[H. of R.

Ordered, That the said memorial and petition be referred to Mr. SEDGWICK, Mr. FINDLEY, Mr. BENSON, Mr. LEARNED, and Mr. BALDWIN; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House.

SATURDAY, March 3.

A petition of Timothy Pickering, Quartermaster General, praying that the officers of the Treasury may be authorized to apply a certain sum of money, heretofore granted to discharge claims Ordered, That the Clerk of this House do ac- of certain public creditors in the State of New against his Department, to the payment of demands quaint the Senate therewith.

FRIDAY, March 2.

York, who the petitioner conceives are, from their peculiar circumstances, unjustly precluded by the act of limitation. Referred to the Secretary of the and report his opinion thereupon to the House. Treasury, with instruction to examine the same,

A bill to amend an act entitled "An act to promote the progress of Useful Arts" was read the Mr. GOODHUE, from the committee appointed, second time, and ordered to be committed to a Committee of the Whole House on Friday next. and vessels employed in the coasting trade and reported a "bill for enrolling and licensing ships Ordered, That a committee be appointed to pre-fisheries, and for regulating the same." pare and bring in a bill or bills for reducing the rates of postage on newspapers; and that Mr. GERRY, Mr. MURRAY, and Mr. FINDLEY, be the said

committee.

A message from the Senate informed the House that the Senate have passed the bill entitled "An act to ascertain and regulate the claims to halfpay and to invalid pensions," with several amendments, to which they desire the concurrence of this House.

Ordered, That a committee be appointed to prepare and bring in a bill or bills for finishing the light-house on Bald Head, at the mouth of Cape Fear river, in North Carolina; and that Mr. GROVE, Mr. KEY, and Mr. BARNWELL, be the said com

mittee.

A message from the Senate informed the House that the Senate have agreed to the modification of the amendments depending between the two Houses to the bill entitled "An act for making further and more effectual provision for the protection of the frontiers of the United States," conformably to the report of the Joint Committee of Conference.

Mr. FINDLEY presented nine petitions from the inhabitants of Chester county, in the State of Pennsylvania,praying a revision of the Excise law. the amendments offered by the Senate, to the "bill The House proceeded to the consideration of to ascertain and regulate the claims to half-pay and to invalid pensions." Some they agreed to, and disagreed to others.

A Message was received from the President of Return made to him of the number of the Inhathe United States, together with a copy of the bitants within the District of South Carolina.

respecting compensations to the Commissioners A Report from the Secretary of the Treasury of Loans, was read and referred to a select committee, consisting of Messrs. B. BOURNE, MERCER,

and TUCKER,

MONDAY, March 5.

The SPEAKER laid before the House a Letter from the Secretary of State, accompanying a copy of the laws adopted and published by the Governor and Judges of the Territory Northwest of the The House again resolved itself into a Commit-Ohio, in the year one thousand seven hundred and tee of the Whole House on the bill more effectually to provide for the national defence, by establishing a uniform Militia throughout the United States; and, after some time spent therein, the Committee rose, and reported several amendments thereto. Ordered, That the said report do lie on

the table.

ninety-one; which were read, and ordered to be referred to the committee to whom was referred the petition of George Turner, one of the Judges of the said Territory.

Mr. GROVE, from the committee appointed, presented, according to order, a bill for finishing the light-house on Baldhead, at the mouth of Cape Fear river, in the State of North Carolina; which was received and read twice and committed.

A memorial and petition of the Directors of the Ohio Company of Associates was presented to the House and read, praying that Congress will grant A message from the Senate, informed the House them such terms and conditions for the comple- that the Senate have passed the bill, entitled " An tion of their contract with the late Board of Trea-act for the relief of certain widows, orphans, insury, and for confirming their title to the tract of land then purchased, as will relieve them from the danger, difficulty, and distress, in which the said company are now involved, from causes which have arisen since the purchase, and which were then wholly unforeseen.

valids, and other persons," with several amendments; to which they desire the concurrence of this House.

A Message was received from the President of the United States, communicating to the House the translation of a Letter from the King of

H. OF R.]

Militia Bill-Widows, Orphans, &c.

[blocks in formation]

[MARCH, 1792.

Sterrett, Jonathan Sturges, Peter Sylvester, Abraham
Venable, and Alexander White.

NAYS.-Abraham Baldwin, Shearjashub Bourne,
William Findley, Nicholas Gilman, James Gordon,
Andrew Gregg, Samuel Griffin, Daniel Heister, Samuel
Livermore, Nathaniel Macon, John Francis Mercer, Na-
thaniel Niles, John Page, Josiah Parker, Cornelius C.
Sumpter, George Thatcher, Thomas Tredwell, Thomas
Schoonmaker, Joshua Seney, Jeremiah Smith, Thomas

Tudor Tucker, John Vining, Jeremiah Wadsworth, Artemas Ward, Anthony Wayne, Hugh Williamson, and Francis Willis.

A committee of conference was appointed on the disagreement between the House and Senate, respecting the bill to ascertain and regulate the Mr. GERRY, from the committee appointed, preclaims to half-pay and invalid pensions. Com-sented a bill for reducing the rates of postage on mittee, Messrs. LIVERMORE, MURRAY, KITCHELL. The amendments of the Senate to the bill pro- time." newspapers; which was received, and read the first viding for the relief of certain widows, &c., were read, and laid on the table.

[blocks in formation]

The SPEAKER laid before the House a Letter from the Secretary of the Treasury, accompanying his Report, made pursuant to two orders of this House, of the first and second of November last; the first directing the said Secretary to report to the House such information as he may have obtained respecting any difficulties which may have occurred in the execution of the act "repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and, also, upon spirits distilled within the United States, and for appropriating the same;" together with his opinion thereupon. The second, directing him to report to the House whether any, shall be distilled from articles of the growth or and what, alterations in favor of the spirits, which produce of the United States, or from foreign articles within the same, can, in his opinion, be made in the act for laying duties upon spirits distilled within the United States, consistently with its main design, and with the maintenance of the public faith; which were read, and ordered to lie

on the table.

WEDNESDAY, March 7.

A bill for reducing the rates of postage on newspapers was read the second time, and ordered to be committed to a Committee of the Whole House on Friday next.

A petition of Elizabeth Lovell, relict of Robert Lovell, deceased, was presented to the House and read, praying to receive the depreciation of pay due to her said husband, for his services as a Lieutenant, during the late war.

An engrossed bill more effectually to provide Mr. PAGE, from the committee appointed, prefor the national defence, by establishing an uni-sented a bill to amend the act, entitled "An act for form Militia throughout the United States, was the Encouragement of Learning, by securing the read the third time, and the blanks therein filled copies of maps, charts, and books, to the authors up; and, on the question that the said bill do pass, and proprietors of such copies, during the times It was resolved in the affirmative-yeas 31, nays therein mentioned." Also, a bill "to enable John 27; as follows: Churchman to prosecute certain observations and discoveries relative to the Northern magnetic point;" which were received and read the first time.

YEAS.-Fisher Ames, John Baptist Ashe, Robert Barnwell, Egbert Benson, Elias Boudinot, Benjamin Bourne, Abraham Clark, Thomas Fitzsimons, Elbridge Gerry, William B. Giles, Benjamin Goodhue, William Barry Grove, James Hillhouse, Philip Key, Aaron Kitchell, John Laurance, Amasa Learned, Richard Bland Lee, James Madison, Andrew Moore, Frederick Augustus Muhlenberg, William Vans Murray, Theodore Sedgwick, Israel Smith, William Smith, John Steele, Samuel

WIDOWS, ORPHANS, &c.

The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act for the relief of certain widows, orphans, invalids, and other persons;" and the same being read, some were agreed to, and others disagreed to.

[blocks in formation]
[blocks in formation]

A bill to amend the act, entitled, "An act for the Encouragement of Learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned," was read the second time, and ordered to be committed to a Committee of the Whole House on Wednesday next.

A bill to enable John Churchman to prosecute certain observations and discoveries relative to the Northern magnetic point, was read the second time, and ordered to a Committee of the Whole House on Monday se'nnight.

Mr. SEDGWICK, from the committee to whom was referred the memorial and petition of the Directors of the Ohio Company of Associates, made a report; which was read, and ordered to be committed to a Committee of the Whole House on Tuesday next.

A petition of Henry Laurens, of Charleston, in the State of South Carolina, was presented to the House and read, praying that a claim presented, and referred to the Secretary of War, at the last session of Congress, and by him reported on, may now be considered and decided on.

Ordered, That the said petition be referred to Mr. SMITH, of S. C., Mr. WHITE, and Mr. CLARK; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House.

ADDITIONAL SUPPLIES.

The House resumed the consideration of the motion made yesterday, in the words following: "Resolved, That the Secretary of the Treasury be directed to report to this House his opinion of the best mode for raising the additional supplies requisite for the ensuing year."

[H. of R.

with the least possible burden to the citizens of America. That if this great principle remained still to be determined, he ardently wished that we might profit by the experience of other nations, and by our own: that he knew of no nation that suffered under the weight of a public debt, but had found it indispensable to its welfare to appoint some officer, whose duty it should be to superinwithout such appointment, it was impossible for tend this important branch of business; and that, him to conceive that an orderly administration of the finances could be effected. It was not long since, that all America had attempted to provide for the public exigencies, by the undigested schemes of legislating financiers. The effects are remembered by all; the revenue was incomparably less productive, and yet the people infinitely more burdened than at present. These facts would render any other arguments superfluous with those who believed that experience was the best guide to well-founded political conclusions. But, on the other hand, if gentlemen were disposed to calculate on the data afforded by imagination, and to build systems on arguments a priori, not only unsanctioned by experiment, but in opposition to all experience, we might render the debts we owedwhich had been justly styled the price of liberty, and for which therefore we were under the highest obligation to provide an intolerable burden. For he would venture to pronounce, that the measures which would result from such a desultory mode of procedure, would create grievous exactions on our constituents, disappoint the expectations of Government, and prove inadequate to the support of public credit.

By these observations, he did not mean to derogate from the responsibility of the character of the House collectively, or of any individual member of it. There might be many who had sufficient talents ably to preside in the management of our finances, provided their minds were confined to the contemplation of that subject alone. But it should be remembered, that while separated in professions, or other business, left to most of the the recess of the Legislature, the avocations of members but little leisure for the investigation of political questions; that while in session, they were obliged to pay attention to every subject of legislation committed to the National Government. That, considering the limited faculties of the huMr. SEDGWICK said, that when the law was man mind, he did not think gentlemen should feel passed constituting the Department of the Trea- themselves wounded in reputation, by the supposury, and making it the duty of the Secretary to sition that they were not, collectively, minutely report to the Legislature plans for the management acquainted with every branch of science, a knowand improvement of the revenue, he had fondly ledge of which might be involved in the subjects indulged the hope that a great principle in the ad- of our legislation. Without such an extent of inministration of the Government had been so far formation and science, a man might be an excelsettled that it would not have been called in ques-lent legislator; otherwise the business of popular tion at so early a period. This principle he then and still understood to be, that a great officer should, by appointment for that purpose and an adequate salary, be responsible to the community to produce to the consideration of the National Legislature, such systematic arrangements in the intricate business of finance, as should give the highest assurance of the support of public credit,

legislation must altogether cease, or be very badly managed. It would not produce the smallest uneasiness in his mind, to have it universally known that he pretended not to the deep knowledge of jurisprudence of the Attorney General, the acquaintance of the Secretary of State with the political interests and relations of the community, or the profound knowledge of the Secretary of the Trea

H. of R.]

Additional Supplies.

[MARCH, 1792.

sury of the intricate subjects of finance. Yet he dency of the House. Thus, according to his plan, felt some degree of confidence in the ability which was the business to be pursued. The House was, he possessed, of judging of the expediency of in the first place, to call on the Secretary for a adopting such measures as those officers should state of facts; it was then to resolve itself into a recommend. He observed, that the House, ever Committee of the Whole, to form opinions; these since the organization of the Executive Depart- opinions were then to be referred to the Secretary, ments, had conducted as if convinced of the just-for him to report respecting them a systematic ness of this reasoning, by their frequent references arrangement. Let this scheme, so far as it is into the Heads of these Departments. That, par- telligible, be examined. First, the House is to ticularly, when it had been suggested that the obtain from the Secretary a state of facts. The Judicial system required amendment, the subject House had been left to conjecture to what subhad been referred to the consideration of the At-jects those facts were to relate. We already knew torney General. That when the commerce of the country came under deliberation, it was referred to the Secretary of State. That these subjects comprehended the most important and dearest interests of the people. That he heartily concurred in those references, and would take the liberty to add, that they had the support of the gentlemen who were now so strenuous in opposition to the present motion. That if the House was then right, those would not be wrong who were in favor of this question. He observed, that gentlemen, in the two cases which in argument they had supported, had given very opposite opinions of the collective character of the members of the House. When they were considering them solely devising the ways and means necessary to supply the deficiency of the revenue, they gave them all the qualities of profound financiers; but when they were to consider the reports of the Secretary, they became at once transformed into resistless dupes, incapable of manly investigation, and quietly sailing down the stream of Ministerial influence. Did gentlemen feel, in the latter instance, the want of that independence of spirit which is necessary to enable them to investigate and decide for themselves? If so, they would want much of that greatness of character which would enable them, in the former case, to act for the public benefit. It appeared, by what gentlemen had said during the course of the debate, that members were not to be absolutely restricted from receiving every species of information on this interesting subject from the man who was constitutionally selected as the best qualified to give it, and amply paid by the public to devote all his time and talents to understand and communicate respecting it. It was, however, curious to observe the narrow limits within which that information was to be restricted, and the incomprehensible mode by which it was to be obtained.

The gentleman from Virginia, [Mr. MADISON,] who had heretofore approved the references which he had mentioned, to the Attorney General and to the Secretary of State, and who had given efficient aid in making it by law the duty of the Secretary of the Treasury to report plans for the management and improvement of the revenuehad, on this occasion, taken some pains to show the consistency of his political conduct, by attempting to prove that management and improvement implied neither project nor appropriation. This gentleman had given in detail the several proceedings which ought to take place to obtain on one hand the benefit of the knowledge of the Secretary, and to maintain on the other the indepen

the deficiency to be provided for-the subjects of revenue, such as were pre-occupied, and such as still remained untouched; we also knew how far those which had been occupied were productive. These facts were already known; we must not receive any opinions or argumentative deductions respecting them; this would go in destruction of the independence and purity of the House, and some gentlemen seemed to suppose, to the subversion of liberty. The facts, whatever they might be, were to be referred to a Committee of the Whole, who, as financiers, were to form opinions respecting them; and those opinions were to be sent to the Secretary for a systematic arrangement, and this systematic arrangement was to be made without suggesting any opinion. How this was to be done the gentlemen had not been pleased to declare. We only knew that no opinions were to be recommended to the adoption of the House. This was the dreadful enemy to our independence and freedom, that was to be avoided with the utmost caution. He himself had hitherto supposed, that a systematic arrangement for the execution of a complicated and intricate subject, could not be made without suggesting many opinions. That he believed this singular, and as yet inexplicable, scheme of forming systematic arrangements without opinions, would be as curious as it would be new in practice.

He said, no gentleman could doubt but that the plans of the Minister would find their way into the House, if regularly introduced, as they had hitherto been. The officer, whoever he might be, would be responsible at least in reputation to America and to the world, which alone would form the strongest motives to industry and integrity in the various plans he should recommend. That it appeared to him, that gentlemen who so strenuously opposed the present motion, would, if they should succeed in their wishes, destroy most of the benefits intended by the institution of the office of the Secretary of the Treasury, and wholly screen the officer from every species of responsibility.

[blocks in formation]

MARCH, 1792.]

Additional Supplies.

[H. of R.

petent to a thorough investigation of fiscal ar- being now appealed to as a justification of a morangements than an individual who had made the tion which can be supported on no other princisubject the particular object of his study and at- ples, but such as may be used to subvert our Gotention. The mischievous consequences of com-vernment, and to introduce a Monarchy, as unmitting these arrangements to numbers, had been limited as that lately abolished in France; for severely felt in some of the States; in the present surely if more wisdom can be found in a few Heads case the House does not, however, commit its of Departments, than in the whole Representative judgment-it is at liberty to approve or reject-body of the people-and if those Heads can be and the measure, in fact, is only taking the best made responsible, whilst the Representatives are means to get the best information. free from responsibility, and despatch and energy can be obtained without the expense of a Congress, or of this House at least, I see not why the people might not make a favorite President as absolute as the Kings of France have been, and call on Congress, like the Parliaments of Paris, only to register his edicts. I say, as this is the case, it is high time to make a stand. But we are told, that the Heads of Departments are recognised by the Constitution, and the business now required of one of them sanctioned by law; and we are also told of precedents establishing and authorizing this mode of proceeding. It is surely, then, high time for every member who views that law and such proceedings under it, in the light I do, to join with the member from Georgia, and make a stand, as he calls it. And I trust, sir, that rather than suffer that law to be thus resorted to, they will unite to amend or repeal it.

Mr. PAGE. I shall always vote against a motion for applying to the Secretary of the Treasury for information respecting the means of procuring the sums of money necessary for the exigencies of Government. It is no argument to me to be told, that the act which established the Department, at the head of which that officer is placed, authorizes that motion. That act may be plead as obligatory on the Secretary to reply to such inquiry when made by Congress, but not to induce this House to make such inquiry. When that act, which is now urged in justification of the motion before the House, was under the consideration of the House which formed it, I raised my feeble voice against it. I endeavored to show, that the powers given to an officer, who was appointed by the President and Senate, and removeable by the President alone, were such as were utterly incompatible with the principles of the Constitution, and perhaps with the letter of it, as that does not permit even the independent Senate, the Representatives of the Legislatures of the several States, to originate a money bill. I remarked, that if the bill passed, it would verify the predictions of the anti-Federalists, as they were called, and would alarm many friends of the new Government. I observed that the practice of the former Congress, which was adduced as a precedent for such applications to the Secretary for his statements and reports, was not a case in point; as the Congress, under the Confederation, was looked upon as a mere diplomatic body, whose acts were revised, approved, or rejected by the State Assemblies-which shows that it was immaterial who planned the schemes of finance-whence information was derived, or who drew the acts of the then Congress, as they were not, as the laws of the present Congress are, paramount to the laws of all the States. I contended, sir, that it was the peculiar duty of this House, to originate money bills, and to devise ways and means, as they are called. I am still most decidedly of the same opinion; and I think with the member from Pennsylvania [Mr. FITZSIMONS] that such a reference to the Secretary of the Treasury is a dereliction of our duty, and an abandonment of the trust reposed in us; and that many other references must have the appearance of an unbecoming indolence. I am also of opinion with the member from Georgia, [Mr. BALDWIN,] that if ever we make a stand, It should be on this ground. I will add, that it is high time to make that stand. For a bill having passed, which was opposed as dangerous to the Constitution, and utterly incompatible with the principles of a free Government, and indeed as inconsistent with the plain construction, and I may say the very letter of our own Constitution; and that bill

I repeat it, sir, here we should make a stand; for however well intended such measures may be, and the arguments in support of them, their tendency is mischievous, and ought to be opposed by every friend to a free Government.

The bills establishing the Departments of Government have strong Monarchical features; and have too often led Congress into the steps of Monarchical Governments. The Republican part of the British Government rely on a Committee of Ways and Means; the Heads of Departments being members of the House of Commons, are always forward to take the lead in the plans or projects of the Crown; and they have so ingeniously involved the plans of finance, that few understand the mysterious business, and therefore it is in the Minister's hands alone. Sir, the House of Commons always severely scrutinize their plans, and are not so obsequious to their Ministers, as some gentlemen are disposed to be to our Secretaries.

But what would Englishmen say, if their Parliament were to pass such a bill as this now referred to; and should call on a man, not a member of either House, but appointed by the King, with the advice indeed of the House of Lords, removable however by the King alone, to lay before the House of Commons a plan of ways and means? Would the people of England be satisfied with the strange story of his responsibility? And of his superior abilities? But what is this responsibility so much talked of? The President may dismiss the Secretary from his office, or this House may impeach him; but when the President and Congress both are his accomplices, who will dismiss or who impeach, and where then is his responsibility? And what is to become of the people's rights, if this be the case, and this House be not accountable to the people for its acts? as a member said.

« PreviousContinue »