Part 337

Official Conduct of the Secretary of the Treasury, considered, 418; moved that nine resolutions on the subject be referred to the Committee of the Whole, 418; discussion of them unnecessary and unwarranted, 418; much time be wasted on them, 419; objections to the first resolution, 419; do. second do., 419; do. third do. 419; the last one objectionable, for the preceding ones determine the guilt and the last directs the President to remove the Secretary, 419; too short time remaining to consider the resolutions, 420; the abstract propositions should be decided first, the others are unwarranted by facts, 420; most unheard of course against a party accused, 420; no opportunity offered for defence, 420; the first resolution of great importance, 420; the Secretary differs from others in his opinion respecting his powers and the constitutional obligation respecting the acts of appropriation, 420; shall the Secretary be bound by our acts of appropriation or not? 421; the first resolution is no part of the others, but should be determined, 421; all referred excepting the first, second, and ninth resolutions, 421; the third resolution, charging that the Secretary had violated the law by applying a certain portion of the principal borrowed to the payment of interest falling due on the principal, which was not authorized, and by drawing part of the same moneys into the United States without the instructions of the President, considered, 421; what regards the right of drawing money into the country, 421; the case examined 422; the charges of mismanagement so long before the public have now assumed shape, 422; change in the tone of the charges since the session commenced, 422; no self-interested pecuniary considerations imputed to the Secretary, 423; the charge consists of two items, 423; each examined in detail, 423.

No greatness of character known in the Executive Departments, 424; was the money appropriated to special and distinct purposes, and did the Secretary apply the money to other uses than the law directed? 424; both points considered, 424; if a responsible officer has violated the laws he should be called to account, 425; the testimony compared with the facts, 425; can any necessity be shown for deviations from positive law? 426; attempt to show that the Legislature were not ignorant of the drafts of the Secretary, 426; money borrowed in Europe was economically applied to paying interest there, 426; the inquiry is, whether a debt was paid out of this or that fund, 426; the whole business reviewed, 426; even if the Secretary made the drafts without the instructions of the President, it is not probably reprehensible, 426; the act was not a financial operation to avoid the necessity of drawing and remitting, 427; the interest was not paid out of the principal of the loan, 427; the President is the principal and the Secretary the agent, 427; impossible to account for the conduct of the Secretary, 427; to judge of his conduct we must consider his duties, and whether a necessity existed to justify his drawing, 427; if the Secretary has paid what was due, what, then, is the complaint, 428; no law has been violated, nor any rule of propriety departed from, 428; the drafts were made agreeably to the instructions of the President, 429; did the authority from the President and his subsequent instructions authorize the Secretary to consolidate the loans? if so, he acted legally, 429; both charges examined, 430; the reports of the committee, 481; the questions now are questions of fact, 431; these facts are too clearly supported by the reports of the Secretary and accompanying documents to be denied or controverted, 431; this position investigated, 431; can the Executive, without special permission, apply the excess of one fund to the deficiency of another? 433; the drawing money without the instructions of the President established by the documents, 433; both points rest on the most solid proofs, 434; on the necessity of sometimes departing from the strictness of legal appropriations, 434; the authority of the Secretary in the special case of loans must be derived from the President, 435; the recent drafts, 435.

No proof to support the charges, 436; if there had been, there is nothing criminal in them, 436; insufficient reports of the Secretary, 437; third resolution disagreed to, 438; fourth resolution disagreed to, 438; fifth resolution disagreed to, 438; sixth resolution disagreed to, 438; seventh resolution disagreed to, 439; eighth resolution disagreed to, 439; after such a large vote the Secretary cannot be criminated, 439; review of the arguments against the Secretary, 439.

Treaty with Great Britain.--Ratification of, 525; note, 525, 639; resolution calling for papers relative to the treaty with Great Britain, 640; reasons for calling for the papers, 640; opposed for want of a declared object within cognizance of the House, and because it was the groundwork of the dangerous doctrine that the House had a right to adjudge, adopt, or to reject treaties generally, 640; no other source of information, 640; constitutional questions likely to arise in course of debate, 640; does the general power of making treaties supersede the powers of the House and leave it only an executive and ministerial instrumental agency? 641; no propriety in the resolution, and no question of the constitutionality of the treaty, 641; House has a right to inquire into the conduct of the officers concerned, 641; preceding arguments reviewed, 641; is the power of the President and Senate as to treaties complete? 641; power of control of English House of Commons, 642; true meaning of the power of appropriation in the constitution, 642; a discretion exists in the House, 642; legislative power completely vested in Congress--to pass laws discretion is implied--the House must judge when it is required to act, 642; words of the constitution respecting treaties, 643; papers unnecessary, and to call for them is an unconstitutional and improper interference with the Executive Department, 643; the House has a right to ask for the papers, because their co-operation and sanction was necessary to carry the treaty into effect--because they had full discretion to give or refuse that co-operation, and must be guided in the exercise of that discretion by the merits and expediency of the treaty, 644; what treaties unconstitutional, 644; consequences of the treaty power being unlimited and undefined, 645; House has a check on treaty-making power, 645; authorities referred to, 645; propriety of the resolution, 647; what powers has the constitution given, and to what departments have they been distributed? 647; view of legislative and treaty-making powers, 648; how is the will of the people expressed in the constitution to be understood? 648; different constructions of the constitution, 649; extent of the treaty-making power in relation to the objects specially and expressly submitted to the legislative power of Congress, 650; treaty power solely delegated to the President and Senate, 651; practice of Congress, 652; there are cases in which the House has not the right of withholding appropriations, 652; is there any provision in the constitution by which the House can check the treaty-making power, or question the merits of treaties under any circumstances? 653; review of arguments, 654; must resort to the constitution to know the extent and limits of our power, 657; arguments against the exclusive treaty-making power considered, 658; this doctrine is inconsistent with the constitution and the law of nations, 659; the state of the question, 660; words of the constitution, 660; have we a right to exercise our judgment on the treaty? is the question, 661; depends on a rational construction of the fundamental principles of government, as drawn from the histories of nations, 661; construction of the constitution, 662; the treaty is now the law of the land, and no act of Congress is or can be necessary to make it so, 662; no right to require papers where there is no obligation to obey, 664; different kinds of treaties, 664; power given to Congress to regulate commerce considered, 665; if these sentiments prevail, the small States would be deprived of one of their most essential rights, 666; when treaties contain stipulations bearing a relation to the specific power vested in the Legislature, the House has a right to take cognizance of it, as it is proved by three considerations, 666; these examined, 667; the express words of the constitution will not support either position without a liberty of construction--what construction is most agreeable to the general principles of the constitution? 668; exposition of the constitution and the position of the opposition, 660; the right to call for papers sanctioned by the uniform practice of the House, 670; practice in cases of former treaties, 671; note, 671; view of the constitutional rights of the House, 671; these rights considered in two points of view, 672; case of the proclamation of neutrality, 674; the construction of the constitution advanced, 674; explanation of the original resolution, 675; does the treaty operate by way of obligation? 676; is it paramount to a law, and can it repeal law, although itself cannot be acted upon by the legislative power? 677; this question considered, 677; objections to the power of the House considered, 678; precedents examined relative to a call for papers, 681; objections urged by the advocates of the power of the House considered, 682, 683; authority of the United States examined, 685; the House cannot legislate without information, 686; what does the constitution say? 686; if the doctrines now urged prevail, they will make inroads on the constitution, 687; the propriety of calling for papers if the Legislature have no part in making treaties, 687; points of the subjects reviewed, 688; duty to look into every treaty, 690; what was the constitution of the United States? 690; resolution as offered, 692; passed, 692; note, 692.

Message of the President declining to send papers, 693; note, 693; debate on reference of the answer, 694, 695; answer referred to Committee of the Whole, 696; resolutions introduced relative to the class of treaties over which the House claims a right of judgment, and limits it to those which involve a matter which has been specially granted to Congress, 696; important occasion when two of the constituted authorities of the Government interpret differently the extent of their respective powers? 696; message considered, 697; it related to two points, the application for the papers and the constitutional rights of Congress and of the House of Representatives on the subject of treaties, 697; these points examined, 698, 699, 700, 701; resolutions adopted, 702; note, 702.

Execution of the Treaty, considered, 702; resolution to carry it into effect, 702; the proposition must be determined by the fact of whether the treaty was a good one, or whether there were extraneous reasons for putting it in force, 703; the merits of the treaty considered as it relates to the execution of the treaty of 1783, as it determines the several points in the law of nations, and as it respects the commerce between the two nations, 703, 704, 705; extraneous circumstances--the treaty continues two years--consequences of not carrying it into effect, 706; principles of the treaty considered, 707; merits of the treaty, 707; admission to British ports, 707; article respecting British debts, 707; sequestration of debts, 707; articles of a temporary nature considered, 709; Burke on the commerce of the American colonies, 710; points which pressed themselves on the negotiation and demanded provision, 711, 712; the contents of the treaty examined, 714, 715, 716, 717; the commercial part of the treaty examined, 718; want of reciprocity in the instrument, 720; view of the origin of the treaty--party dissensions which then prevailed, 720; critical posture of our affairs, &c., considered, 720, 721; objected against the treaty that a claim for negroes and other property taken at New York had been overlooked, 722; has not the ownership of the property changed under the law of nations? 722; correspondence of the commissioners, 723, 724; consequences if the treaty is rejected, 725; treaty is unconstitutional and pernicious, 726; if the treaty is executed we admit the ground taken by the Executive, 728; merits of the treaty, 729; prejudice against the treaty in the public mind, 729; the permanent and the temporary part of the treaty considered, 730; the only question is, whether they would or would not appropriate money to carry the treaty into effect, 730; objections to the treaty considered, 731; the negotiation was advisable, and the only means of avoiding war, 734; consequences of rejecting the treaty, 734; three objects embraced in the treaty, 735; on the expediency of carrying the treaty into effect, 736, 737; free bottoms make free goods, 737; effects of rejecting the treaty, 738, 739; treaty of 1783, 741; threats of war if treaty rejected, 742; constitutional rights of the House to be looked at with candor, 744; will we observe the treaty or break it? is the only question, 745; consequences of its rejection, 746, 747; the good and prosperity of the people should be the primary object, 748; notwithstanding the objections to the treaty the appropriations ought to be granted, 749; resolution carried in committee by vote of the Chairman, 750.

Resolution offered in the House expressive of its opinion of the treaty, 751; debate on its propriety, 751; amendment lost--resolutions for executing the treaty passed, 753; note, 754.

TREDWELL, THOMAS, Representative from New York, 315, 388, 457, 528.

TRUMBULL, JONATHAN, Representative from Connecticut, 21, 175, 255, 315, 388, 455, 527; on a committee to report a bill regulating oaths, 22; elected Speaker, 315; speech on taking the chair, 315; moves an amendment to the bill on the slave trade, 480; Senator from Connecticut, 591.

TUCKER, THOMAS TUDOR, Representative from South Carolina, 21, 175, 255, 315, 388; takes part in the debates on laying duties on imports, 25; opposes duty on salt beef, 34; do. on candles, 34; on duty on unwrought steel, 35; opposes duty on nails, 38; opposes duty on salt as unequal, 39; on high duties, 44; favors low tonnage duties, 56; advocates moderate duties on imports, 57, 58; opposes the appointment of committee of conference in reference to title of President, 66; favors reduction of duty on molasses, if those on other articles are reduced, 69; repels insinuation of a bargain, 69; opposes the motion to lay a duty on African slaves, 74; gives reason for his vote on limitation of the impost bill, 83; on the Treasury Department, 109; on compensation of President, 117; further remarks on same, 119; on the difficulty of amending the constitution, 144; on the principles which should control the selection of a seat of Government, 147; further remarks, 152; on a short period of residence for naturalization, 185; further remarks, 187, 190; favors discrimination among the public creditors, 200; urges the dismission of the Quaker memorial, 205; on the commitment of the bill for a Bank of the United States, 273.

TURNER, GEORGE, memorial of, 335.

VAN ALLEN, JOHN E., Representative from New York, 455, 527, 604.

VAN CORTLANDT, PHILIP, Representative from New York, 455, 527, 604.

VAN GAASBECK, PETER, Representative from New York, 458, 528.

VAN RENSSELAER, JEREMIAH, Representative from New York, 58.

VAN RENSSELAER, STEPHEN, Representative from New York, 175, 260.

VARNUM, JOSEPH B., Representative from Massachusetts, 204; on the pay of the Speaker, 639.

VENABLE, ABRAHAM, Representative from Virginia, 388, 455, 528, 604; on the attendance of the Secretary of War, 390, on the President's speech, 538; on the Pennsylvania insurgents, 552; on amending naturalization laws, 556; on the resolutions relative to intruders on Indian lands, 584, 586; on the military and naval appropriation, 764; on the sense of the House relative to the British treaty, 752.

Vermont--Vote for President in 1793, 385.

Vessels.--Registering and clearing bills, on, 129.

Vice President, ordered to sign the answer to Washington's inaugural, in behalf of the Senate, 13; takes the oath, 15; compensation of, 17, 120; fixed, 123; his term of office, when commenced, 171; letter to the Mayor of New York, 174; vote for in 1789, 10; do. in 1793, 385.

VINING, JOHN, Representative from Delaware, 51, 175, 259, 315, 442, 520, 591; proposes the organization of a Home Department, 85; further remarks, 86; on the President's power to remove officers, 87; moves the organization of a Domestic Department, 94; on the President's power of removal, 104; on the compensation of members of Congress, &c., 116; further remarks, 119, 132; introduces a resolution for a Home Department, 127; remarks on, 127; further remarks, 128; on the form of amending the constitution, 134; on the location of a seat of Government, 150; on the banks of the Delaware for do., 161; on a seat of Government, 245; further remarks, 248; on interference of excise officers in elections, 271; on the commitment of a bill for a Bank of the United States, 274; speech on the bank, 305; on the ratio of representation, 326.

Virginia.--Vote for President in 1789, 10, 385; county lands, report on, 129.

Virginia Legislature.--Offers ten miles square to United States for a seat of Government, 76.

Vote, on limiting the time for the operation of the impost bill, 84; on the President's power of removal, 90; on striking out Susquehanna and inserting Potomac for the seat of Government, 159; on motion for discrimination among public creditors, 228; note, on do. 288; on Quaker memorial, 238.

Votes, Electoral.--Counted in the presence of Senate and House in 1789, 10; do. 385.

WADSWORTH, JEREMIAH, Representative from Connecticut, 21, 175, 255, 315, 455, 555; appointed on committee to draft bill on tonnage duties, 57; urges reduction of duty on molasses, 70; on a Board of Treasury or Superintendent of Finance, 92; on the right of instructions, 144; on deliberation in fixing the seat of Government, 155; further remarks, 160; on discrimination among the public creditors, 220; on the post office bill, 332; on the petition of Catharine Greene, 339; on the reduction of the army, 401; further remarks, 407, 414; on the pay of soldiers, 460, 466; against the embargo laws, 499; urges increased duty on coal in foreign vessels, 506; on duties on manufactured tobacco and refined sugar, 509; on the advance of money to France, 514; on the rage against nobility, 561; on defence of the frontiers, 570; on the trial of intruders upon the Indians, 584; on the protection of settlers, 587.

WADSWORTH, PELEG, Representative from Massachusetts, 456, 527, 609.