Gazette of the United-States. (New-York [N.Y.]), 1793-03-09 00:00:00

Gazette of the United States.
A NATIONAL PAPER, PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FENNO, No. 34, NORTH FIFTH-STREET, PHILADELPHIA.
[No. 81 of Vol. IV.]
SATURDAY, MARCH 9, 1793.
[Whole No. 403.]
CONGRESS.
HOUSE OF REPRESENTATIVES.
THURSDAY, Feb. 28.
ON the motion for referring the resolutions respecting the official conduct of the Secretary of the Treasury to the committee of the whole,
The two first resolutions being read, referring them to the committee was objected to; it was said they were abstract propositions—may contain self evident truths in themselves, but liable to modification in their application to particular circumstances; if these are referred—the committee may waste their time in discussing propositions which do not enter into 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 consideration of the main object; the charges adduced against the Secretary. The consequence will be that the resolutions will be printed, go out into the world, and make impressions on the public mind without being accompanied with any statements or reasonings to counteract or obviate their tendency:—That the present enquiry may involve a further step—an impeachment; it therefore appeared improper for the House to commit itself in respect to abstract propositions, which would tend to embarrass both the House and the Senate should an impeachment be the consequence of the first discussion.
In answer to these objections it was said, that it was surely not the way to obtain a full discussion of a proposition to mutilate that proposition in the first instance—That every member has a right to bring forward such propositions as he thinks proper—that it appeared a strange way to decide on the merits of a proposition, to preclude the House from a consideration of all the parts of such proposition.—That a difference of opinion appears to exist in the construction of the law between Congress and the Secretary of the Treasury—That the two first propositions may be considered in the light of a preamble to a subsequent act—which is afterwards susceptible of modification but does not in any stage of the deliberation on the act, fetter or embarrass that deliberation.
The last resolution is to this purport, That a copy of the foregoing resolutions be laid before the President of the United States.
It was remarked on this, that the obvious motive for it is, that the President may take a hint to dismiss the officer in question from office—this it was said was giving the Resolutions all the force and effect of an impeachment; for dismissal from office is the only consequence of impeachment—to that the responsible officer is in this way to suffer 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 referring those resolutions to the consideration of the committee of the whole house, because he neither viewed a discussion of them as necessary on the present occasion or warranted by the nature of the enquiry into the Secretary's conduct. It was trifling with the precious time of the House to lavish it on abstract propositions, when the object of the enquiry ought to be into facts; he was satisfied that should the House once involve itself in an investigation of theoretic principles of government the short residue of the session would be exhausted, and no opportunity remain for examining the charges themselves; those charges being made, it became the House from a sense of duty to the public and justice to the accused to proceed immediately to consider them. If the mover intended to apply the principles of the two first resolutions to the facts contained in the subsequent ones, it was unquestionably proper first to substantiate the facts and then establish the principles which were applicable to them, but it was surely a reversal of order to spend much time in establishing principles, when it might happen that the charges themselves would be totally unsupported. He did not like this mode of proceeding because it might tend to mislead the House; it was sometimes a parliamentary practice to endeavor to lead the mind to vague and uncertain results by first laying down theorems from which no one could dissent and then proceeding to imperceptible shades to move unsettled positions in order ultimately to entrap the House in a vote which in the first instance it would have rejected. This mode of conducting public business he considered as inconsistent with fair inquiry. The question was, had the Secretary violated a law? if so, let it be shewn; every member was competent to decide so plain a question; he could examine the proofs, read the law, and pronounce him guilty or innocent without the aid of these preliminary metaphysical discussions.
If it were urged that the propositions are so plain and obvious that no time would be lost
in considering them, he then begged leave to observe that all antecedent discussions of constitutional questions had never failed to occupy a large portion of their time and that however self-evident the resolutions might at the first glance appear, a more critical attention would satisfy a mind not much given to doubt that they were by no means so conclusive as to be free from objections.
Though the position contained in the first resolution, as a general rule, was not to be denied; yet it must be admitted that there may be cases of a sufficient urgency to justify 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 measures essential to the public safety, against invasion or insurrection. In cases of that nature and which cannot be foreseen by the legislature, nor guarded against, a discretionary authority must be deemed to reside in the President, or some other executive officer, to be exercised for the public good; such exercise instead of being construed into a crime, would always meet the approbation of the national legislature: if there be any weight in these remarks it does not then follow as a general rule, that it is essential to the due administration of the government, that laws making specific appropriations should in all cases whatsoever, and under every possible circumstance be strictly 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 with at this period to attempt this enquiry? He supposed not. Let every deviation from law be tested by its own merits or demerits.
The second resolution was liable to stronger objections; it might with propriety be questioned whether as a general rule the position was well founded. A law making appropriations may be violated in various particulars without infringing the constitution, which only enjoins that no monies shall be drawn from the treasury but in consequence of the appropriations made by law; this is only to say, that every disbursement must be authorized by some appropriation; where a sum of money is paid out of the treasury, the payment of which is authorized by law, the constitution is not violated; yet there may have been a violation of the law in some collateral particulars; there may even have been a shifting of funds, and however exceptional this may be on other accounts, it would not amount to that species of offence which is created by the constitution. The comptroller of the treasury must counter-sign every warrant, and is responsible that it be authorized by a legal appropriation—yet it cannot be supposed that he is to investigate the source of the fund.
One of the alleged infractions stated in the subsequent resolutions, namely, the drawing part of the loans into the United States without the instructions of the President, evinces that the opposite construction is not a sound one, for suppose the fact proved, and suppose it a violation of the law, it certainly would be a very different thing from drawing money out of the treasury without an appropriation by law, for in this case 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 direct the President to remove the Secretary from office: the foregoing were to determine the guilt, the last to inflict the punishment, and both the one and the other without the accused being heard in his defence; when the violation of the constitution was so uppermost in our minds, it would be indeed astonishing that we should be so hood-winked as to commit such a palpable violation of it in this instance. The principles of that constitution, careful of the lives and liberties of the citizens, and what is dearer to every man of honor his reputation, secure to every individual in every class of society, the precious advantage of being heard before he is condemned.
That constitution, peculiarly careful of the reputation of great public functionaries, directs that when accused of a breach of duty, the impeachment must be voted by a majority of the House of Representatives, 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 furnished with a copy of the charge, and is heard by himself or his counsel in vindication of his conduct.—Such are the solemnities and guards by which they are protected, and which precede a sentence, the only effect of which is a removal from office. But if the House proceed in the
manner contemplated by this resolution, if they first vote the charges, and send a copy of them to the President, as an instruction to him to remove the officer, they will violate the sacred and fundamental principles of this, and every free government; they will condemn a man unheard, nay, without his having even been furnished with the charges against him; they will condemn to infamy a high and responsible officer, convicted by the Representatives of the people, of a violation of the important trusts committed to him, without affording him one opportunity of vindicating his character and justifying his conduct.
In committee of the whole, Mr. Muhlenberg in the chair, on the 3d, 4th, 5th, 6th, 7th, and 8th resolutions, as published in the Gazette of Wednesday last.
MR. Giles, the original mover of the resolutions, rose. He was sensible, he said, that he stood in a peculiarly delicate situation, in which nothing short of the public good, could have induced him to place himself. If a public and highly responsible officer had violated the laws, it was necessary that he should be called to an account for it; and to determine, whether in the instances before the house he had been guilty of that violation, it is necessary to compare the testimony with the facts alleged in the resolutions before the committee. He first adverted to the law authorizing the President of the United States to borrow 12 millions of dollars, for the purpose of paying the foreign debt. On this he remarked, that the authority of borrowing was expressly given to the President, no doubt with an eye to the personal virtues of the character who fills that office; the loan is also directed to be made, solely for the purpose of paying the public debt. Here he remarked, that in every appropriation-law the appropriation is always emphatically mentioned, which is an evidence that the legislature intend to remain the sole judges of the applications of money. He read a letter from the Secretary of the Treasury, who was employed by the President to negotiate this loan, to Mr. Short, the Secretary's foreign agent for this purpose, dated the 9th May 1791, in which the Secretary informs Mr. Short, that one million and a half of the money he had obtained on loan was destined for France; of which sum he was authorised to apply immediately one million, but to reserve 800,000 florins to answer subsequent directions he should receive from the treasury. He cited this passage to shew that the million and an half which had been obtained on loan, was destined for France.
To remove any doubt that might remain upon this head, he referred to a preceding letter from the Secretary to Mr. Short, dated the 13th of April, in which it is also expressly said, that of the two millions borrowed, one million and an half is intended for France, the remaining half million to wait for further directions. Having established this point, he adverted to the resolution before the committee, which says, that he applied a portion of the principal borrowed to the payment of the interest falling due upon that principal, without being authorised so to do by any law. To shew this he referred to a report of the 3d January, containing sundry statements respecting foreign loans. That part of the report to which he alluded in proof of the fact, stated in general terms, a sum paid on account of foreign loans, and this sum was taken from the principal borrowed, and amounted to 1,833,189 florins. If his statement was accurate, the fact he wished to establish was, he said, proved. He wanted more light, however, he confessed, than he could collect from the Secretary's official communications. He should not go into the examination of what circumstances might have induced the Secretary to deviate from the positive injunctions of the law, or to make any remarks upon his conduct, until he had heard what gentlemen would say to controvert the fact he wished to establish.
Another fact of consequence he wished
to prove, viz. that part of the money obtained on loan in Europe had been drawn over, though not wanted here for any public purpose: this appeared, he said, from other papers.—He turned to the instructions from the President to the Secretary of the treasury, authorizing him to borrow fourteen millions of dollars, in which the Secretary is cautioned to keep in view the two several acts authorizing the loans, and the distinct conditions they contemplate. By the instructions of the President the Secretary is authorised to apply the monies. In the execution of the trust confided to him, the President generally directs him to employ Mr. Short to negotiate the loans, to borrow in the manner prescribed by the acts, and to discharge immediately the arrears of interest due to the French, to which purpose and to the complete payment of that debt, the 12 million loan was altogether appropriated. If this money, then, was shewn to have been drawn here, it was neither warranted by law nor by the President's instructions. The Secretary did begin to draw as early as 1790, and had continued to draw from time to time, till 1793, without giving notice of this to the legislature. Having shewn that the Secretary had drawn without authority to draw, he next proceeded to consider the object of those drafts.
The money thus drawn for was not, he stated, applied to the purchase of the public debt; no money obtained from foreign loans was thus applied until this year; the domestic resources appropriated to this object were never exhausted. These were the facts involved in the first resolution, which he wished to establish: before he proceeded further into the discussion, he wished to hear what gentlemen had to say to controvert them. He wished to see justice done in the business before the house; he meant justice, also, to be tempered with moderation and mercy, and if gentlemen could shew a necessity for the deviations from positive law, which he had endeavoured to point out, it would exonerate the Secretary from a very great share of blame.
Mr. Barnwell called for the reading of certain parts of the two acts authorizing the loans. One, of the 4th of August, authorises a loan of 12,000,000 to be obtained without limitation as to the interest, for the purpose of paying the foreign debt, the other is of the 12th of August, for 2,000,000, the interest to be not more than 5 per cent. and for the purpose of reducing the domestic debt.
Mr. Sedgwick lamented the shortness of the time for the discussion of an object of so much importance to the party accused, and in which the honor of the government and the peace and quiet of the community were so deeply interested. For what object, he asked, was this extraordinary investigation at this time? It was not for the detection of fraud, corruption, peculation? These charges were relinquished, and now the prosecution was confined merely to an enquiry whether this officer had discreetly and ably discharged the important duties assigned to him; whether he had observed by shillings and pence, during the course of his administration, the precise limits of his authority, in points of appropriation; and whether, from conscious innocence, he has dared to express to this House, the natural sentiments of an injured and meritorious officer in language offensive from being too plain not to be understood, and too bold not to give offence, in short, in the language of freedom. Gentlemen did not hesitate, for these unimportant purposes, to consume the greater portion of the few days allotted to our political existence, and even attempt to agitate by sounding 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 expressly disavowed any such intention. For what other purpose we were authorized

to intrude as accusers, as prosecutors into the executive department, Gentlemen had not yet declared. The events would declare how agreeable it was to the people of America, that the House of Representatives should attempt to contract the President in the free exercise of his discretion in selecting the proper instruments of executing the laws. The prosecutors in their zeal had forgot that it was essential to personal security and freedom, that a person should not be condemned without an opportunity of being heard in his defence; no such opportunity had been indulged the man, whose reputation dearer to him as a man of honor, than life, was attacked. He was willing however, to proceed to the discussion of the question before the committee; and in regard to the resolution immediately under consideration, and to those which would succeed in their order, as far as he might take part, he should only state the facts in relation to the question immediately under debate, and endeavour to point out that relation. If these facts should be established and those relations understood, he would run the venture to predict, that the sensibility by which the ingenious and intelligent American mind is attached to the object of the prosecution, from a confidence in his integrity and talents, will be greatly increased.
The resolution immediately under consideration, charges the Secretary with violating the law of the 4th of August by 1st. Applying a portion of the principal borrowed under that act towards paying the interest of it.
2d. By drawing part of the monies into the United States, without the instructions of the President.
Respecting the 1st. particular, he requested gentlemen to attend to a simple statement of the facts. Money was in Europe applicable to purposes of appropriation in America. This being immediately connected with the 2d. particular charged in the resolution, and it being inseparably involved with other facts relating to that particular, he would now assume it as a fact: That money was in Europe appropriated to the aid of the sinking fund, and which therefore might be brought here, the real scene of its destination. It was also true that the money arising from our domestic resources being destined to pay the interest on the foreign loans, we had of course money here destined to foreign purposes. To introduce the exploded nonsense under these circumstances of the ear-marks of money, seems the object of the charge, which for no useful purpose would subject us to the risk and expence of sending the money to Europe and of bringing the same money from Europe here. What did the Secretary? He borrowed from one fund, he repaid with the other. He avoided all risk and expence. He fully executed the purposes of the government. He did, in fact, what any prudent, honest agent would have done for his principal, what every man of common sense would have done for himself. Had he pursued another course, had he transported money from Europe to America and from America to Europe in the instance before the committee, it might be said with truth that he had given conclusive evidence of a paltry genius, wholly unworthy of the high station in which he is placed.
The next particular was that he had drawn part of the money borrowed under the act of the 4th of August, into the U. States, without the instructions of the President?
Should the truth of this charge be admitted, it might be asked what authority had the House of Representatives to interfere? Was not this an usurpation?— Were we now to go into a consideration of the respective subjects assigned the several departments of government? Or was the House under the plausible pretence of purifying the executive, to usurp the appropriate and most necessary powers of that department? To whom was intrusted the execution of the loan? To the President, not the House of Representatives. Who was to select the instruments of execution? Who was, to remove from office? Could the house, by any article of the constitution interfere in removal from office, but in the process of impeachment, which is declared not to be an object of the present prosecution? He would not here rest the defence, though the questions he had asked suggested id-as
worthy the consideration of those to whom they were addressed, and of the public.
Before he proceeded to the most important circumstances relating to this charge, he would take notice of the evidence on which the gentlemen relied. It was merely of a presumptive nature—a presumption on he said he would stake his reputation in believing wholly inconsistent with the character of the President or his Secretary. Was it the character of the President, to admit subjects of vast magnitude, committed to his management to be conducted without his knowledge, by his immediate and confidential ministers? Would he not expel from his confidence the man who should dare thus to conduct.
On the other hand, is it possible to suppose that the Secretary could have presumed to have abused the confidence of the man on whose pleasure his existence absolutely depended? It could not then be supposed consistent with the character of either gentleman that any necessary information could be withheld—that any important step would be taken by the subordinate officer, without instructions where those instructions would be necessary or expedient; and that should he fail in that attention which the nature of his relation, and the subjects under his management required, it was a natural presumption, that the President would do what was proper to be done. Certain it was that it was not subject to any constitutional controul of the House of Representatives.
He said, that by the constitution of the Treasury department the general superintendence of the finances was committed to the Secretary. That by the act of the 4th of August, 1790, which would be again mentioned: The President was authorised to cause to be borrowed 12,000,000 it would be a question, whether, when this money was borrowed, the general superintendence of it was not in virtue of the act, constituting the Treasury department committed to the Secretary. If this was the true construction no instructions would be necessary to enable the Secretary to make the appropriations pointed out by law. This, however, not being necessary to be relied on, he mentioned only cidentally.
He observed, that the money to be borrowed under that act was solely appropriated to the discharge of arrears and installments, and paying off the foreign debt. He willed that the committee would be pleased to notice as a fact to be particularly remembered, that there was no restriction as to the time of borrowing; only that they should be advantageous to the United States, and of this there was no criterion; the only security of the public was the discretion of the President: It would therefore never be a question, whether a loan made at 5 per cent interest, and 4 per cent. premium was within the authority delegated.
He said that it had been denied that any of the money borrowed in virtue of this act could be drawn into this country. This was in his opinion wholly unfounded. He asked where were the words that contained this restraint? He said, that all the money borrowed might, consistent with the law have been drawn higher, invested in produce, and that produce been delivered in discharge of the debt; and that in fact a very large portion had within the knowledge of every gentleman present been applied to that purpose, and very advantageously to this country. He said if the President should believe it advantageous to the public he might not only draw the money here for the purposes mentioned, but send it to China or to Lapland.
He said, that by the act of the 12th of August, in the same year, a further authority was given to the President, to borrow 2,000,000 of dollars, to be applied to the purchase of the debt; but in this case the interest could not exceed 5 per cent. Previous to the passing of this act our bankers had made a provisional loan of 3,000,000 of florins. It was asked whether any part of this loan could be said to be applicable to the purposes of the last mentioned act, or in other words for aiding the sinking fund? And was it drawn here with the knowledge of the President? A simple statement of facts, he said, would form the best answers to both these questions.
It was, he said, stated by the Secretary as early as the 25th Aug. 1790, that this provisional loan was made, that it might be at command in the course of the then
year. That the expediency of its acceptance, and the application of one third of it to the purposes of the act of the 12th of August, was under the consideration of the President. At that time, then, which was the earliest possible moment, it was known to the President that the loan was made; it was known to the legislature what would be the probable application of it, and yet he said it was now pretended that every body was kept in total ignorance. This, he said, was not all, on the 28th of the same August the President authorised the secretary to execute the power of borrowing under the authority of both acts, and to the amount of 14,000,000 dollars, would it be said that the whole money was intended by the President to be applied to the foreign debt? This would be charging him with an intention more criminal than had been alleged against the Secretary; for he was not authorized so to apply more than 12,000,000. In the same month the secretary ratified the provisional loan of 3,000,000 of florins, and expressly declared it to be in virtue of the conjunct authority of the two loans.
This, he said, was not all. At the opening of the next session, on the 8th of December, 1790, and it was to be observed that the first drawing of the money into this country commenced on the 15th of that month, the President in his speech communicated the loan, and expressly said, that it was made "in conformity to the powers vested in him by the acts of the last session." Had not the legislature then the earliest possible information of the loan and of its intended application? In the same speech the President informed the legislature, in relation to this subject, that the Secretary had his direction to communicate such further particulars as might be requisite for more precise information. Afterwards, in the same session, the Secretary had given the precise information which was directed by the President; he stated the terms of the loan, which were at 5 percent. interest exclusive of premium, &c. and said that from thence a doubt had arisen, whether it was within the meaning of the act of the 12th of August; that in his opinion, it was very expedient and highly important to the general operations of the treasury, that it should be deemed to be within that act. That the residue beyond what had been applied to the foreign debt might be applied to the purposes of that act. In pursuance of this information, the legislature, to remove the doubts which had been expressed by the Secretary in the said session, passed an act, declaring that that loan "should be construed, and deemed to be within the true intent and meaning of the act for the reduction of the public debt," and extended the operation of the act to any future loans which should be made on the same terms. He asked leave to remind the committee of what he had before stated, that there was no restriction as to interest or premium to be allowed for loans made under the act of the 4th of August; it would therefore, he said, follow irresistibly, that the legislative interference was not only unnecessary, but absurd, on the idea that no part of this loan was to be applied to other purposes than the foreign debt; the words, too, of the act, rendered the intention perfectly unequivocal and certain. Nor, he said, did the whole proof rest in the documents to which he had referred the consideration of the committee. That money had been drawn into America arising from foreign loans had been stated to the legislature at the commencement of their next session after passing the last mentioned act. This was by the Treasurer's account then reported to Congress, which was explained and verified by the Comptroller's report, to which he referred the committee. The same information had from time to time been given by the Treasurer, as money had been received by him from this source. He concluded by requesting gentlemen to review the evidence he had mentioned, and then, as their minds should determine, pronounce whether there was any foundation for saying that no part of the first loan was applicable to the purposes of the act of the 12th of August, or that it was drawn here without the knowledge of the President? Was there any reason on this evidence to which gentlemen had hitherto confined themselves for affirming the truth of either of the propositions now immediately under consideration?
[N. B. The foregoing observations of Mr. Sedgwick were interrupted in the course of the delivery two or three times, by the reading of official documents which were called for, and by intervening remarks of other gentlemen who repeatedly rose immediately after the reading of those documents. To give a more connected idea of the scope of his argument, the parts of his speech are comprised in one sketch.]
Mr. Giles remarked, that the Secretary had drawn before the sanction of the law was obtained.
Mr. Fitzsimons observed, on the first charge to the resolution, that as the interest of the money borrowed in Europe is payable where borrowed, it was economical in the Secretary to pay that interest with monies there, which were to be drawn here, and replace the sum by taking the amount from the funds here destined for that payment. A financial operation of this nature is simple, and saves the trouble of drawing with the one hand, and remitting with the other. He conceived there was no just foundation for the first charge.
Mr. Lawrance said, that when the resolutions calling for information from the treasury department were first brought forward, the public mind was impressed with an idea, that there were monies unaccounted for; this charge is now dropped, and it is honourable to the officer concerned that after much probing, nothing is found to support it. The enquiry now is, whether a debt was paid out of this or that fund. He did not admit the fact, that it was paid out of any other monies, than what law strictly warranted. He went into a history of the business from its origin. He stated the nature and purposes of the loans. There was nothing to prevent the President, he said, to consolidate the two loans; provided such an arrangement did not interfere with the purposes intended by them. The President employed the Secretary to obtain the loans under the joint authority of both acts, as it was found that the object could best be carried into effect in such an arrangement. The money thus borrowed, became subject to the appropriations of both acts, and not exclusively for the payment of the foreign debt. Then as part of that money was subject to be drawn here for the redemption of the domestic debt, and the interest of the loan was to be paid with domestic funds, it was perfectly reasonable to avoid further drafts and remittances, to pay the debt there with money there, and replace it here with money already here. The fact stated in the first part of the resolution is by this plain state of the case substantially refuted, and appears altogether unfounded; but if the fact is proved, what is implied? no injury to the interests of the community; the intention of the legislature has been in every point fulfilled. If the Secretary had acted differently, he would have been guilty of an absurdity, and to blame for sacrificing the public interest and neglecting the spirit of a law, for a strict and unprofitable observance of its dead letter.
Mr. Giles said the transaction alluded to by the gentleman, to controvert the fact laid down in the first part of the resolution before the committee was not immaterial as they had endeavoured to shew it. It was not merely a financial operation to avoid the necessity of drawing and remitting. The truth was, that the Secretary had drawn over near 3,000,000 of dollars. The President's authority was limited to 2,000,000.
Mr. Lawrance was of opinion, that if the President, or his agent, had drawn the whole amount of the money obtained under both loans, he could not be said to have gone beyond his authority. He was authorized to borrow 12,000,000 to pay the arrears on the foreign debt, and to modify the whole. In the execution of this trust he might have found it advisable to draw to this country the whole of that sum. It had been found advisable to draw for part, and to pay the French by shipping produce to St. Domingo. If the money expended for supplies to St. Domingo is deducted, the balance will be found less than 2,000,000.
The committee reported progress and obtained leave to sit to-morrow.
[To be continued.]
FRIDAY, March 1.
The bill for extending the time for receiving subscriptions to the loan of the United States, was read the third time and passed, the subscriptions, according to this bill are to be continued to the last day of June 1794.
A message from the Senate by Mr. Otis, their Secretary, informed the House that the Senate have agreed with an amendment to the amendments of the House to the bill supplementary to the act to provide more effect-

ually for the collection of the duties imposed by law on goods, wares, and merchandise, and on the tonnage of ships and vessels.
This amendment was taken into consideration. The amendment of the House provides, that when the emoluments of a Collector amount to upwards of 3000 dollars per annum, the surplus shall be paid into the treasury of the United States. The amendment of the Senate is, to strike out this amendment, and to insert a clause which limits the allowance of the Collectors of Philadelphia and New-York to 3-8ths of one per cent; and to the collectors of Boston, Baltimore and Charleston to 3-4ths of one per cent. This amendment of the Senate was agreed to.
The bill for increasing the salaries of the commissioner of the revenue and the auditor of accounts was twice read, and committed for to-morrow.
In committee of the whole on the bill providing an annual allowance for the education of Hugh Mercer; Mr. Muhlenburg in the chair—this bill provides for an allowance of four hundred dollars per annum from the date of the last payment till the education of Mr. Mercer shall be completed, or till he attain to the age of 21 years. No amendments were made by the committee; and the bill being reported to the House, was read the third time, and passed.
Mr. Fitzsimons brought in a report on the petition of Arthur S. Clair, respecting the settlement of an old account; read and laid on the table.
The amendments of the committee of the whole to the bill making appropriations therein mentioned, were taken up by the House; some of these amendments were adopted, others disagreed to. The bill was then ordered to be engrossed for a third reading.
A motion made by Mr. Boudinot for taking up the bill reported by the select committee on the petition of Lewis Pintard, was put, and negatived, as was also a motion made by Mr. Clark to take up the bill for establishing fees to be paid on the transfer of public securities.
A message from the Senate by Mr. Otis informed the House, that in the absence of the Vice-President, the Senate have chosen Mr. Langdon President pro tem. as the constitution of the United States directs. Also that the Senate have passed an act supplementary to the act for establishing and maintaining light-houses, beacons, &c. An act for the relief of Elijah Bostwick; and an act providing for the payment of the first instalment of a loan made at the Bank of the United States.
Mr. Moore of the committee on enrolled bills, reported four bills as truly enrolled, viz. "An act making appropriations to defray the expense of holding a treaty with the hostile Indian tribes north-west of the river Ohio. An act for altering the times and places of holding the Circuit Courts in the Eastern District, and in North-Carolina, and for other purposes. An act, in addition to an act for establishing the judicial courts of the United States; and an act making certain appropriations therein mentioned."
Another message from the Senate informed the House that they have passed the act for extending the time of receiving subscriptions to the loan of the United States, and for compensating Ebenezer Storer, in which they request the concurrence of the House.
A message from the President of the United States, by Mr. Lear, informed the House that he has approved and signed two acts—one, an act to ascertain the fees demandable in cases of Admiralty proceedings in the Courts of the United States; the other an act to regulate trade and intercourse with the Indian tribes.
The House went into a committee of the whole on Mr. Giles' resolutions relative to the official conduct of the Secretary of the Treasury. The debate continued till five o'clock; the committee then rose and reported progress, and the House adjourned to 7 o'clock P. M.
The committee to whom was referred the letter of the Secretary of the Treasury of the 25th February, respecting the errors in his printed reports, REPORT,
That they have examined into the circumstances stated in the letter, and find,
That the standing order of the clerk of this house to the printer is, to send the proof sheets of all reports and statements to the department from whence they were made, and that this practice has been generally followed.
That it has been discontinued during the present session (so far as respects the Secretary of the Treasury) from an opinion of the printer, that the delay which the examination would occasion, might interfere with the intention of the house, of having the business speedily accomplished.
It did not appear to the committee that any unnecessary delay had taken place at the office of the comptroller, by reason of the examination of the proof sheets, nor in the printer in the execution of his business.
The committee are of opinion that it is not necessary for them to recommend any new regulation for the future execution of this business; but, in order to rectify the errors which have taken place in the printed reports and statements, the committee recommend the following resolution.
RESOLVED, That there be printed under the direction of the Secretary of the Treasury, 300 copies of the reports and statements made by him during the present session, and that the same be delivered to the clerk of this house.
List of Acts passed at the Second Session of the Second Congress.
 1. An act concerning the registering and recording of ships or vessels.  2. An act to amend an act, intitled, "An act establishing a Mint, and regulating the coins of the United States," so far as respects the coinage of copper. 
3. An act to provide for the allowance of interest on the sum ordered to be paid by the residue of Congress of the 23th of September, one thousand seven hundred and eighty-five, as an indemnity to the persons therein named.
4. An act to continue in force for a limited time, and to amend the act, intitled, "An act providing the means of intercourse between the United States and foreign nations."
5. An act regulating foreign coins, and for other purposes.
6. An act relative to claims against the United States, not barred by any act of limitation, and which have not been already adjudged.
7. An act respecting fugitives from justice, and persons escaping from the service of their masters.
8. An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same.
9. An act providing compensation to the President and Vice-President of the U. States.
10. An act to repeal part of a resolution of Congress, of the 29th of August, one thousand seven hundred and eighty-eight, respecting the inhabitants of Port Saint Vincents.
11. An act to promote the progress of useful arts, and to repeal the act heretofore made for that purpose.
12. An act to authorise the Comptroller of the Treasury to settle the accounts of Thomas Withart, late a lieutenant in the army of the United States.
13. An act to authorize the adjustment of a claim of Joseph Henderson against the United States.
14. An act making provision for the persons therein mentioned.
15. An act for repealing the several impost laws of the United States, so far as they may be deemed to impose a duty on useful beasts imported for breed.
16. An act in addition to and alteration of an act, intitled, "An act to extend the time limited for settling the accounts of the United States with the individual States."
17. An act to regulate the claims to invalid pensions.
18. An act making appropriations for the support of government for the year one thousand seven hundred and ninety-three.
19. An act to regulate trade and intercourse with the Indian tribes.
20. An act to ascertain the fees in admiralty proceedings in the district courts of the United States, and for other purposes.
21. An act making an appropriation to defray the expense of a treaty with the Indians north-west of the Ohio.
22. An act in addition to the act, intitled, "An act to establish the judicial courts of the United States."
23. An act to alter the times and places of holding the circuit courts in the Eastern District, and in North-Carolina, and for other purposes.
24. An act supplementary to the act, intitled, "An act to provide more effectually for the collection of the duties imposed by law on goods, wares and merchandise, imported into the United States, and on the tonnage of ships or vessels."
25. An act providing for the payment of the first installment due on a loan made of the Bank of the United States.
26. An act for extending the time for receiving on loan that part of the domestic debt of the United States which may not be subscribed, prior to the first day of March, one thousand seven hundred and ninety-three.
27. An act supplementary to the act for the establishment and support of light-houses, beacons, buoys and public piers.
28. An act providing an annual allowance for the education of Hugh Mercer.
29. An act for the relief of Elijah Bostwick.
30. An act making certain appropriations therein mentioned.
31. An act making addition to the compensation of certain public officers.
32. An act for the relief of Simeon Thayer.
BALTIMORE, March 5. Extract of a Letter from a Gentleman in Philadelphia, dated 23d ult.
"The late call upon the Secretary of the Treasury, has served, in my opinion, to raise his character still higher. How he has been able to go over so large a field, in so short a space of time, to detail so many intricate operations of finance; to exhibit their dependence on each other; to shew the means by which the credit of our country has been restored, and its specie increased; and to shed over the whole monied transactions of four years, at home and abroad, a light which dispels ambiguity, and discovers suspicion in blushes, is truly surprising, especially as the call was as sudden as unexpected. I can recollect nothing from any British Minister, in all the conflicts of party, equal to it. Even Necker's boasted account of the finances of France, rendered to his King, is inferior; although that was the result of long study and elaborate preparation, and Hamilton's the work of the moment. Poor Fellow, if he has slept much for these three weeks past, I congratulate him upon it. I sincerely wish that the whole of his information could be published in a cheap form, so that it might be read by every citizen of the United States, instead of the minced pieces that may occasionally be served up to them by party writers. A man of such information, exactitude, firmness, industry, strength of judgment, fertility of resource, and comprehensive views, ought to be thoroughly known to all whom it concerns, and may well be considered, by the most enlightened, as an uncommon production; and yet a more uncommon thing would be, to see a set of ambitious and disappointed men, acquiescing in his superior talents and utility, instead of laboring to drive him from a station which they may possibly covet; or moving in
Congress a resolution of thanks, instead of calumniating him in Gazettes. But has any country given a specimen of such kind of ambition? If not, why should the United States set the example? Dutch Republicans murdered De Wit and ate his heart. Republicans banished Aristides the just, put Phocion to death, and condemned Socrates to Hemlock. As yet we have confined the punishment of eminent services and ability to attempts to degrade them from office, innuendoes, electioneering-slander, and newspaper detraction. This, however, may be only the prelude to eating and banishing. Let us be thankful, my friend, that Nature has not subjected you and I to such a fate."
Philadelphia, March 9.
APPOINTMENTS—BY AUTHORITY.
Attorneys for the United States. Zebulon Hollingsworth, Maryland. Thomas Parker, South-Carolina. George Nicholas, Kentucky.
Collectors. Samuel Treadwell, Port of Edenton, and Inspector of Survey, No. 2, North-Carolina. Melanchton L. Woolsey, District of Champlain, New-York. William Thompson, Port of Hardwick (Geo.) Surveyors. Copland Parker, Port of Smithfield (Vir.) John Armstead, Plymouth (N.C.) Thomas Moffat, Frederickburg. William Munson, Surveyor & Inspector Port of New-London. Edward Weyman, Surveyor & Inspector of the Revenue, Charleston (S.C.)
Inspectors of the Revenue. James Gibbon, Survey No. 4, Virginia. Wm. Richardson, No. 3, Maryland. Thomas Overton, No. 1, North-Carolina. Thomas Benbury, No. 2, ditto. Daniel M'Kissack, No. 5, ditto. Commissioner of Loans. Benjamin Harwood, State of Maryland. Chief Coiner of the Mint of the United States. Henry Voight, of Pennsylvania. Consuls of the United States. Benjamin Joy—of Massachusetts—Calcutta, and other ports and places on the Coast of India in Asia. Nathaniel Cutting—ditto, Havre-de-Grace. James Greenleaf—ditto, Amsterdam. Samuel Cooper Johonnot, do. Demarara. Henry Cooper, of Pennsylvania, St. Croix. Benj. Hammell Phillips, do. Curacao. David Matthew Clarkson, do. St. Eustatius. Edward Fox, Falmouth (G. B.) Joseph Yzuardi, Cadiz (Spain) Robert Montgomery, Alicante, do. John Parrish, Hamburg. Commissioners for holding a Treaty with the hostile Indians. Benjamin Lincoln, of Massachusetts. Beverly Randolph, Virginia. Timothy Pickering, Pennsylvania. Associate Justice of the Supreme Court of the United States—William Paterson—of New-Jersey—vice—Thomas Johnson, of Maryland, resigned.
Messrs. Hare, Morgan, Latimer, Swanwick, Woods, and Gibbons, members of the House of Representatives of the state legislature, have entered, on the journals of the House, their reasons for dissenting from the vote of a majority, in favor of a bill, extending the power of justices of the peace to cases of twenty pounds. The resignation of Mr. JEFFERSON was some time since talked of, as about to take place soon; we have lately heard, through a very respectable channel, and communicate it with pleasure, that he is not to resign. A few days since Mr. Lazarus Beach presented to the Museum in New-York a quire of paper, made at his Paper Mill in this town, which the hottest fire would not consume. Danbury Paper.
In a late Speech of Mr. Burke in the British House of Commons, he denounced a M. Dupont, a member of the French National Convention for declaring himself an Atheist—but by the Speech of M. Dupont since published, it appears he only said "I am a Deist."
Return of Grain brought into the Port of Philadelphia, for the year 1792.
   Bushels.     Wheat 463,246 1/2   Rye 11,192 1/2   Indian Corn 380,051 1/2   Oats 17,184 1/2   Barley 49,972   Peas and Beans 5,591   Total 927,236  
ADDRESS of the PRESIDENT of the United States previous to his taking the Oath required by the Constitution, on Monday last. Fellow-Citizens, I AM again called upon by the voice of my Country, to execute the functions of its Chief Magistrate. When the occasion proper for it shall arrive, I shall endeavor to express the high sense I entertain of this distinguished honor, and of the confidence which has been reposed in me, by the people of United America.
Previous to the execution of any official act of the President, the constitution requires an oath of office. This oath I am now about to take; and in your presence—that if it shall be found, during my administration of the government, I have in any instance violated willingly, or knowingly, the injunction thereof, I may (besides incurring constitutional punishment) be subject to the upbraidings of all, who are now witnesses of the present solemn ceremony.
At the celebration of the President's Birth day in Salem Massachusetts, a subscription was proposed for the relief of imprisoned debtors; but on enquiry it was found that there was not one in the County of Essex. That County contains nearly sixty thousand inhabitants.
COMMUNICATION.
It must afford genuine satisfaction to the public of the United States to learn, that after the severest scrutiny by the Representatives of the people into the official conduct of the Secretary of the Treasury—it has appeared unblemished and honorable.
There was a mistake in saying that the Secretary had been acquitted, because acquittal implies trial, and trial presupposes the accused party being heard in his defence, which was not the case in this instance; The charges brought against the Secretary were submitted to the House when crowded with business and but three days before an unavoidable adjournment; and though their object and tendency involved his removal from office, his ruin and his disgrace, he had no opportunity of answering them or vindicating his conduct and character. But even under this disadvantage, he has been completely exculpated—and his proceedings fully justified by the Representatives of the nation, and sanctioned by the approving voice of many hundreds of respectable citizens who attended the debates.
Inquiries into the conduct of public officers are in general attended with very salutary effects, and when they originate in motives truly patriotic and in a conviction of misconduct, they reflect credit on those who institute them—at the same time every candid mind will allow that charges of a high nature against a public officer, vested with the execution of an important and delicate trust, charges which excite alarm and distrust, and threaten the national tranquility, ought to be preferred with caution and temperance. Any previous symptoms of personal dislike or altercation—any long continued evidence of a rooted disgust, or any avowed reprobation of systems connected with the officer's ability and reputation must in the eyes of a judicious public, essentially detract from that merit, which is alone due to the virtuous and disinterested patriot, prompted only by pure republican principles. * See Federal Gazette of Saturday last.
It is the first principle with our government to pay off the public debt as fast as the circumstances of the people will permit.—Those who see the most evil in a public debt, will confess that it is not capable of doing much harm when the operation of sinking it is kept in regular progress—They allow that much good comes out of this evil. One remarkable effect of the increase of our active capital, is the increased price of land—New manufactures and new enterprises are increasing every where. It would be a great reason and experience to affirm that the public debt produces no benefits to the citizens at a distance from the seat of government, and who may not be possessed of the certificates. The man who has occasion to ask credit—who wants to borrow or to sell, is sure to find his terms hard when money is scarce. On the contrary, the increase of capital is sure in a great degree to equalize its benefits to every part of the society—Thus it is that in almost every operation of traffic and industry, each district of country turns to account the addition made to the wealth of the whole.
Our party men are extremely afraid of the government becoming corrupt. These champions of virtue seem to be willing to put their own purity in the way of all manner of contamination. They consider the French revolution as the most noble triumph of republican virtue—and O! Shame, where is thy blush—they dare to tell us that the ill success of the attempt to censure Governor Clinton's canvassers is an event of no less merit and importance. The most audacious act of a party to place their favorite in the chair of state in open contempt of their State constitution, is made the subject of praise and exultation. Such an outrage on the rights of freemen has never happened in our country before, and we hope it will never happen again—and such an outrage on common sense and decency as the paragraph alluded to is hitherto equally without a fellow.
ANOTHER BANK.
THE State, in cash 'tis said abounds, To th' amount of many thousand pounds; Snug in the banks the treasure lies— A sure defence should dangers rise; For while 'tis hid from public view, It mocks the grasping, scheming crew; But coming now exerts its Springs, To give the dormant eagles wings; Hence a new banking plan is form'd, And soon the bolted vaults are form'd, On paper plumes they mount the air, And fly—the Lord alone knows where; Meantime the flasks of Speculation, Laugh at the fages of the Nation!
SHIP NEWS.
ARRIVED at the PORT of PHILADELPHIA. Brig Felicity, Young, New-York Rachel, Mildon, Cape-Francois John, Burchen, Curacao Gavafo, Graisbury, Cape-Francois
We hear the ship Columbia from Amsterdam, and the ship Grange from Liverpool are arrived in the river.
Price of Stocks as in our last.
ADVERTISEMENT.
Those persons who have received Subscription-Money for the Gazette, and those who are in arrears for the same, are most earnestly requested to make payment to the Editor as soon as possible.

PRICE CURRENT. PER QUANTITY.—DOLLARS 100 Cents each. PHILADELPHIA, MARCH 9.
Table with columns for item name, Dils., Cts., Dils., Cts. listing various goods like Anchors, Alum, Ashes, Brandy, etc.
Table with columns for item name, Dils., Cts., Dils., Cts. listing various goods like Oil, Sweet, Train, Whale, etc.
By THOMAS JOHNSON, DAVID STUART, & DANIEL CARROLL, Esquires, COMMISSIONERS appointed by Government to prepare the Public Buildings, &c. within the City of Washington...
Table for THE FEDERAL CITY LOTTERY, LIST OF PRIZES, including Superb Hotel, Cash Prize, etc.
By this scheme at least the amount of the tickets will return to the fortunate adventurers, and yet the federal City will gain its object thereby...
N. B. ONE HUNDRED DOLLARS will be given for the best Plan of an elegant and convenient HOTEL or INN...
War Department, JANUARY 28, 1793.
INFORMATION is hereby given to all the military Invalids of the United States, that the sums to which they are entitled for six months of their annual pension...
Plans of the City of Washington, Sold by the BOOKSELLERS, DOBSON, CAREY, YOUNG, & CRUKSHANK.
PROPOSALS For re-printing a new, entertaining and instructive Work, intitled, THE Errors of Education. BY MRS. ELIZA PARSONS.
Subscriptions will be received at the Bookstores of Messrs. T. Dobson, W. Young, T. Crukshank, and B. Johnson...
ADVERTISEMENT. NOTICE is hereby given, That the Commissioners appointed by the Board of Trustees of the University of North-Carolina...
TO BE SOLD, OR LEASED FOR SEVEN OR TEN YEARS, THE FOLLOWING HOUSES.
ONE on Walnut-street, near Fourth-street, 23 feet front, has two parlours below, the front one 21 3/4 by 17 3/4 feet...
Sundry Ground Rents, In this city, amounting to twenty-five pounds sixteen shillings and six-pence, per annum.
City of Washington, JANUARY 7th, 1793.
A NUMBER of Lots in this City will be offered for sale at auction, by the Commissioners, on the 17th day of September next...
Insurance Company.
A general meeting (by adjournment) of the Insurance Company of North-America, on Wednesday the 16th instant, It was Resolved, THAT the Installments which, according to the Constitution, will become due on the second Monday of July and January next...
FOR SALE, By the Subscriber, at Walnut-Street Wharf, BILL OF EXCHANGE Madeira Wine, Fit for immediate use, in pipes & quarter casks, TENERIFFE WINE, in pipes, SHERRY WINE, in quarter casks...