EVENING SESSION--7 P.M.

An engrossed bill making certain appropriations therein mentioned was

read the third time, and passed.

The bill sent from the Senate entitled "An act providing for the

compensation of Ebenezer Storer," was read twice and committed.

_Official Conduct of the Secretary of the Treasury._

The House again resolved itself into a Committee of the whole House on

the third, fourth, fifth, sixth, seventh, and eighth resolutions

contained in the motion of Thursday last, respecting the official

conduct of the Secretary of the Treasury. The third resolution being

still under consideration, in the words following, viz:

"_Resolved_, That the Secretary of the Treasury has

violated the law passed the 4th of August, 1790, making

appropriations of certain moneys authorized to be borrowed

by the said law, in the following particulars, viz: First,

by applying a certain portion of the principal borrowed to

the payment of interest falling due upon that principal,

which was not authorized by that or any other law.

Secondly, by drawing a part of the said moneys into the

United States, without the instructions of the President of

the United States."

A motion was made, and the question being put, that the House do agree

with the Committee of the whole House in their disagreement to the

resolution, it was resolved in the affirmative--yeas 40, nays 12, as

follows:

YEAS.--Fisher Ames, Robert Barnwell, Egbert Benson, Elias

Boudinot, Shearjashub Bourne, Benjamin Bourne, Jonathan

Dayton, Thomas Fitzsimons, Elbridge Gerry, Nicholas Gilman,

Benjamin Goodhue, James Gordon, Christopher Greenup, Samuel

Griffin, William Barry Grove, Thomas Hartley, James

Hillhouse, William Hindman, Philip Key, Aaron Kitchell,

John Laurance, Amasa Learned, Richard Bland Lee, George

Leonard, Samuel Livermore, Frederick Augustus Muhlenberg,

William Vans Murray, Nathaniel Niles, Theodore Sedgwick,

Jeremiah Smith, Israel Smith, William Smith, John Steele,

Samuel Sterrett, Jonathan Sturges, George Thatcher, Thomas

Tudor Tucker, Artemas Ward, Hugh Williamson, and Francis

Willis.

NAYS.--John Baptist Ashe, Abraham Baldwin, William Findlay,

William B. Giles, Andrew Gregg, Nathaniel Macon, James

Madison, John Francis Mercer, Andrew Moore, Alexander D.

Orr, John Page, and Josiah Parker.

A motion was then made, and the question put, that the House do agree

with the Committee of the whole House in their disagreement to the

fourth resolution, in the words following:

"_Resolved_, That the Secretary of the Treasury has

deviated from the instructions given him by the PRESIDENT

OF THE UNITED STATES, in executing the authorities for

making loans, under the acts of the fourth and twelfth of

August, one thousand seven hundred and ninety."

It was resolved in the affirmative--yeas 39, nays 12, as follows:

[The same as above.]

Another motion was then made, and the question being put, that the House

do agree with the Committee of the whole House in their disagreement to

the fifth resolution, in the words following:

"_Resolved_, That the Secretary of the Treasury has omitted

to discharge an essential duty of his office, in failing to

give Congress official information, in due time, of the

moneys drawn by him from Europe into the United States;

which drawing commenced December, one thousand seven

hundred and ninety, and continued until January, one

thousand seven hundred and ninety-three; and of the cause

of making such drafts:"

It was resolved in the affirmative--yeas 33, nays 15, as follows:

YEAS.--Fisher Ames, Robert Barnwell, Egbert Benson, Elias

Boudinot, Shearjashub Bourne, Benjamin Bourne, Jonathan

Dayton, Thomas Fitzsimons, Elbridge Gerry, Nicholas Gilman,

Benjamin Goodhue, James Gordon, Thomas Hartley, James

Hillhouse, William Hindman, Philip Key, Aaron Kitchell,

John Laurance, Amasa Learned, George Leonard, Samuel

Livermore, Frederick Augustus Muhlenberg, William Vans

Murray, Theodore Sedgwick, Jeremiah Smith, William Smith,

John Steele, Samuel Sterrett, Jonathan Sturges, George

Thatcher, Thomas Tudor Tucker, Artemas Ward, and Hugh

Williamson.

NAYS.--John Baptist Ashe, Abraham Baldwin, William Findlay,

William B. Giles, Samuel Griffin, William Barry Grove,

Richard Bland Lee, Nathaniel Macon, James Madison, John

Francis Mercer, Andrew Moore, Nathaniel Niles, John Page,

Josiah Parker, and Israel Smith.

Another motion was then made, and the question being put, that the House

do agree with the Committee of the whole House in their disagreement to

the sixth resolution, in the words following:

"_Resolved_, That the Secretary of the Treasury has without

the instruction of the PRESIDENT OF THE UNITED STATES,

drawn more moneys, borrowed in Holland, into the United

States, than the PRESIDENT OF THE UNITED STATES was

authorized to draw, under the act of the twelfth of

August, one thousand seven hundred and ninety, which act

appropriated two millions of dollars only, when borrowed,

to the purchase of the public debt; and that he has omitted

to discharge an essential duty of his office, in failing to

give official information to the commissioners for

purchasing the public debt, of the various sums drawn from

time to time, suggested by him to have been intended for

the purchase of the public debt:"

It was resolved in the affirmative--yeas 33, nays 8, as follows:

[Yeas as above.]

NAYS.--John Baptist Ashe, Abraham Baldwin, William Findlay,

William B. Giles, Nathaniel Macon, James Madison, John

Francis Mercer, and Josiah Parker.

Another motion was then made, and the question being put, that the House

do agree with the Committee of the whole House in their disagreement to

the seventh resolution, in the words following:

"_Resolved_, That the Secretary of the Treasury did not

consult the public interest, in negotiating a loan with the

Bank of the United States, and drawing therefrom four

hundred thousand dollars, at five per centum per annum,

when a greater sum of public money was deposited in various

banks, at the respective periods of making the respective

drafts:"

It was resolved in the affirmative--yeas 33, nays 8, as follows:

[Same as above.]

Another motion was then made, and the question being put, that the House

do agree with the Committee of the whole House in their disagreement to

the eighth resolution, in the words following:

"_Resolved_, That the Secretary of the Treasury has been

guilty of an indecorum to this House, in undertaking to

judge of its motives in calling for information, which was

demandable of him, from the constitution of his office, and

in failing to give all the necessary information within his

knowledge relatively to the subjects of reference made to

him of the nineteenth of January, one thousand seven

hundred and ninety-two, and of the twenty-second of

November, one thousand seven hundred and ninety-two, during

the present session;"

Mr. WILLIAM SMITH said, that, after the vote which had just prevailed by

so considerable a majority on the preceding resolutions, the committee

could not, with any propriety, criminate the Secretary of the Treasury

for failing to give the information alluded to, because by that vote it

had been established that the Secretary had only acted under the

authority of the PRESIDENT, and conformably to his instructions. If

there had been any omission to communicate information to Congress, that

omission was surely not chargeable to the Secretary. But it had been

already clearly shown, by documents in the possession of the House, that

the necessary information had been communicated. The Treasurer's

accounts, which had been from time to time laid before the House,

exhibited the amount of moneys proceeding from the sale of bills, and

the Secretary's report of February, 1791, conveyed full information of

the drawing. It was true, there was a sum of about $600,000, the

proceeds of bills which, as had been remarked by a gentleman, (Mr.

MADISON,) did not appear in the Treasurer's account, but this was owing

to the sales of the bills by the bank not having been closed at the time

the last quarterly account was rendered, and consequently that sum could

not appear in the Treasurer's account.

[Mr. MADISON said, he had not meant to blame the Treasurer.]

Mr. SMITH proceeded. The gentleman, however, had attributed misconduct

to the Secretary, for withholding information of the amount of moneys in

the Treasury accruing from foreign loans, when directed by the House,

January 19th, 1792, to report whether the existing revenues were

adequate to face the additional expense of the Indian war. Mr. S. could

not forbear expressing great surprise at this remark of the gentleman

from Virginia, (Mr. MADISON,) when he recollected what had been just

before said by the same gentleman in support of the former resolution.

The gentleman, on that occasion, in his attempt to disprove the right of

the Secretary, _ex officio_, to superintend the moneys derived from the

foreign loans, had endeavored to establish a nice distinction between

the ordinary internal revenues of the country, and the resources

resulting from foreign loans. The law constituting the Treasury

Department, he had said, gave the Secretary power only over the

revenues, which embraced only the ordinary resources, whereas loans were

distinct things, the management of which was specially intrusted by law

to the Supreme Magistrate, and in relation to which the Secretary could

exercise no authority whatever that was not derived from the PRESIDENT.

The gentleman now argued that the Secretary was blameable in not giving

information of the state of these extraordinary resources, which were

not within his department, when only called upon to state the amount of

the ordinary revenues, which were within his department. He left it to

the gentleman to reconcile this contradiction, for certainly his

doctrine was erroneous on the former occasion, or it must be so now. If

the moneys obtained from foreign loans were to be deemed the revenues of

the country, then they fell of course under the management of the Head

of the Treasury Department, and it was wrong in the gentleman to impute

misconduct to the Secretary for exercising a legal authority; if, on the

contrary, those moneys were viewed as an extra resource, and not within

the purview of the Secretary's functions, then it was wrong to censure

him for not communicating the state of those moneys, when required only

to report the ordinary revenues.

But though the Secretary would not have been censurable for omitting to

give the information, the truth was, that the PRESIDENT's Speech of 8th

December, 1790, the Secretary's Report of 25th February, and the act of

the 3d of March, 1791, were conclusive proofs that the Legislature knew

that the proceeds of the loans were in a train of being brought to the

United States and the accounts of receipts and expenditures presented in

the first week of the session, informed the House that a large sum had

been drawn for, and the Treasurer's quarterly account contained further

information on the subject, all which was prior to any call of the House

for such information. Hence, Mr. S. deduced, that it was not a fact that

the Secretary had failed to give the information, as stated in the

resolution, and that had he even so failed, he would not have been

censurable for a breach of an essential duty of his office. It had been

said, by a member from Pennsylvania, (Mr. FINDLAY,) that the lateness of

the information from the Secretary made it inconvenient to go into an

inquiry of his official conduct so near the close of the session. To

this, Mr. S. replied, that he did not expect such a remark from that

quarter of the House. If the gentleman had not been prepared for the

inquiry, or thought it an improper season to enter upon it, why did he

second the motion for bringing forward the charges? If suspicion had so

long existed against the integrity of the Secretary, why was not

information called for at the beginning of the session? Why was the call

delayed till the session was within a few weeks of its termination? It

was admitted that the Secretary had obeyed the order of the House with

wonderful alacrity and promptitude. It was indeed strange that the

gentleman who brought forward the charges, should be the first to

complain that there was not time for their consideration.

Mr. S. concluded by noticing the observation of Mr. MERCER and Mr.

MADISON, that the opinion of the House on the preceding resolutions

would not change the truth of facts, and that the public would

ultimately decide whether the Secretary's conduct was criminal or not.

This, said Mr. S., was like the conduct of a prosecutor, who, having

chosen his jurisdiction, and being nonsuited, wished to appeal to

another tribunal. Why were the resolutions brought before the House? Was

it not to substantiate the truth of them by a vote? And had the

prosecution succeeded, would the Secretary have had an appeal to the

public? No, the resolutions would have been sent to the PRESIDENT, and

the Secretary would have been removed, disgraced, and ruined for ever,

without appeal.

The question was then taken, and it was resolved in the

affirmative--yeas 34, nays 7, as follows:

YEAS.--Fisher Ames, Robert Barnwell, Egbert Benson, Elias

Boudinot, Shearjashub Bourne, Benjamin Bourne, Jonathan

Dayton, William Findlay, Thomas Fitzsimons, Elbridge Gerry,

Nicholas Gilman, Benjamin Goodhue, James Gordon, Thomas

Hartley, James Hillhouse, William Hindman, Aaron Kitchell,

John Laurance, Amasa Learned, George Leonard, Samuel

Livermore, Frederick Augustus Muhlenberg, Nathaniel Niles,

Josiah Parker, Theodore Sedgwick, Jeremiah Smith, William

Smith, John Steele, Samuel Sterrett, Jonathan Sturges,

George Thatcher, Thomas Tudor Tucker, Artemas Ward, and

Hugh Williamson.

NAYS.--John Baptist Ashe, Abraham Baldwin, William B.

Giles, William Barry Grove, Richard Bland Lee, Nathaniel

Macon, and James Madison.

SATURDAY EVENING, March 2.

A message from the Senate informed the House that the Senate having

completed the Legislative business before them, are now about to

adjourn.

_Resolved._ That Mr. BOUDINOT, Mr. SEDGWICK, and Mr. HINDMAN, be

appointed a committee jointly, with a committee on the part of the

Senate, to wait on the PRESIDENT OF THE UNITED STATES, and inform him

that Congress is ready to adjourn without day, unless he may have any

farther communications to make to them.

A message from the Senate informed the House that the Senate have agreed

to the resolution of this House for the appointment of a joint

committee, to wait on the PRESIDENT OF THE UNITED STATES, and inform him

of the intended recess of Congress, and have appointed a committee for

that purpose, on their part.

On a motion made and seconded,

"That the thanks of the House of Representatives be presented to

JONATHAN TRUMBULL, in testimony of their approbation of his conduct in

the chair, and in the execution of the difficult and important trust

reposed in him, as SPEAKER of the said House,"

It was resolved unanimously: Whereupon,

Mr. SPEAKER made his acknowledgments to the House, in manner following:

"GENTLEMEN: You have made me very happy by this testimony

of your approbation of my conduct in the chair. I feel, at

the same time, an additional pleasure in the opportunity of

rendering to you my sincere acknowledgments for the kind

candor and indulgence, as well as the constant aid and

support, which I have experienced in the performance of the

duty which you were pleased to assign me. Be assured,

gentlemen, I shall ever retain a grateful sense of your

goodness; and you will suffer me to add, that my best

wishes for your welfare and happiness, in public and

private life, will attend each member of this honorable

body."

Mr. BOUDINOT, from the joint committee appointed to wait on the

PRESIDENT OF THE UNITED STATES, and inform him of the intended recess of

Congress, reported that the committee had performed that duty, and that

the PRESIDENT was pleased to say he had no farther communication to make

during the present session: Whereupon,

Mr. SPEAKER adjourned the House _sine die_.

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