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With this view, he proposed the adoption of regulations securing them against imposition, in the alienation of their lands, and extending to this unenlightened race the benefits of commerce and civilization, and inflicting punishment on those, who should violate their rights. This humane policy, was afterwards pursued by the government. This session was principally spent in carrying into effect the new system of government, extending its benefits to every part of the union, and securing to all, the fruits of their own industry. For these purposes, laws were passed concerning the fisheries, and the government and regulation of fishermen employed therein-declaring what officer should act as president of the United States, in case of a vacancy-establishing a mint, and regulating the coins of the United States-apportioning the representatives among the several states, according to the first enumeration-providing more effectually for the national defense, by establishing an uniform militia system, and for calling forth the militia in the exigences mentioned in the constitution. On the subject of apportioning the representatives, a difference arose between the senate and house, with respect to the ratio to be adopted, and the mode of applying it. A bill passed both houses, fixing the ratio at one member for every thirty thousand; and the whole federal number in the United States, was divided by this sum, and the numbers produced by this division, was apportioned among the states by this ratio, giving to each state its number, and the residue was apportioned among the states which had large fractions. The president very justly considered this mode of apportionment, as contrary to the constitution, and returned the bill to congress with his objections. The first was that the constitution had prescribed, that representatives should be apportioned among the several states, according to their respective numbers; and that there was no one proportion or division, which applied to the respective states, would yield the number and allotment of representatives proposed by the bill. The second, that by the constitution, the number of representatives should not exceed one for every thirty thousand; which restriction, by the fair and obvious construction, was to be applied to
the separate and respective states; and that the bill had alloted to eight states, more than one for every thirty thousand. This was the first instance, in which the president had exercised his qualified veto, to any act of congress. The bill not being repassed by two thirds of both houses, was rejected. A bill was afterwards passed, apportioning the representatives, agreeably to a ratio of one for every thirty thousand in each state, which received the sanction of the president; and this mode of apportionment has since been pursued.
Early in the session, the president communicated to congress, the unfortunate defeat of general St. Clair and his army, by the Indians. In consequence of this, the frontiers were left more exposed to Indian depredations; and the number of the regular troops was augmented, and additional duties laid on various imported articles, to defray the expense.
The administration of the general government was disturbed this year, not only by the continuance of Indian hostilities, but by an increased opposition, in some parts of the union, to the laws laying a duty on domestic spirits. This opposition had been carried so far, as to require a proclamation from the president, warning all persons against unlawful combinations and proceedings, tending to obstruct the operation of the laws. These subjects, among others, were noticed by the president, in his communication to congress, at the commencement of their session on the 6th of November, 1792.
It was apparent that the two great parties, originally formed at the time of the adoption of the constitution, and which from various causes, had since increased, began now to be more distinctly marked. Those originally opposed to the new government, as was to be expected, watched with a jealous eye, every exercise of power under it.
Individuals who had foretold the evil consequences of adopting the system, without previous amendments, and who had been disappointed, in the alterations proposed by congress, would naturally lay hold of every act of the government, tending to shew the truth of their predictions: and pride of opinion would be in
terested, not only in proclaiming, but magnifying real or supposed evils.
Nor was the opposition limited to the unconstitutionality of the acts of the general government,-it extended to many of the great and important measures of its administration.
The funding system generally, the assumption of the state debts, the bank, and duties on domestic spirits, were objects of the most severe attack; and the secretary of the treasury, who was considered as the author of them, had become very unpopular in some parts of the union.
The difference between the heads of the departments of state and treasury, on some important questions, which had been agitated in the cabinet, was well known and felt in congress and elsewhere. The public conduct and political characters of the gentlemen at the head of these departments, in the course of the year 1792, had been the subject of severe newspaper animadversions. Mr. Hamilton was viewed not only as the author of the funding system, the bank, and other measures deemed either unconstitutional, or highly injurious to the public interest, but was charged with hostility to republican principles and state rights. Mr. Jefferson, on the other hand, was considered hostile to the constitution, and was accused of being opposed to the administration of which he was a member, and of taking measures to reduce the powers of the general government, within too narrow limits.
During this session, an inquiry was instituted in the house of representatives, into the official conduct of the secretary of the treasury. This was commenced by Mr. Giles, by calling for information from the president and secretary, relative to loans, negociated in pursuance of the acts of the 4th and 12th of August, 1790, and the management and application of these loans; as well as the application and management of the revenue generally. The resolutions introduced for the purpose of obtaining this information, were adopted by the house. The object of the mover was disclosed in his remarks in support of them. them. These remarks he concluded by saying-" Candor, however, induces me to acknowledge, that impressions, resulting from my inquiries
into this subject, have been made upon my mind, by no means favorable to the arrangements made by the gentleman at the head of the treasury department."
The report of the secretary, in answer to this call for information, evinced that his pride was not a little wounded by the remarks of Mr. Giles. "The resolutions," he said, " to which I am to answer, were not moved without a pretty copious display of the reasons on which they were founded. These reasons are of a nature to excite attention, to, beget alarm, to inspire doubts.
"Deductions of a very extraordinary complexion, may, without forcing the sense, be drawn from them. I feel it incumbent upon me, to meet the suggestions which have been thrown out, with decision and explicitness. And while I hope I shall let fall nothing inconsistent with the cordial and unqualified respect which I feel for the house of representatives, while I acquiesce in the sufficiency of the motives that induced, on their part, the giving a prompt and free course to the investigation proposed, I cannot but resolve to treat the subject with a freedom which is due to truth, and the consciousness of a pure zeal for the public interest."
Having endeavored to shew the fallacy of the statements made by the mover of the resolutions, in conclusion he observed,-"Thus have I not only furnished a just and affirmative view of the real situation of the public accounts, but have likewise shewn, I trust, in a conspicuous manner, fallacies enough in the statements, from which the inference of an unaccounted for balance is drawn, to evince that it is one tissue of error."
Soon after this report was made, Mr. Giles submitted to the house several resolutions, containing charges against the secretary. The substance of them was, that he had failed to give congress information, in due time, of monies drawn from Europe -that he had violated the law of the 4th of August, 1790, by an unauthorized application of money borrowed under it,—that he had drawn part of the money into the United States, without any instructions from the president-that he had exceeded his author. ity in making loans, under the acts-that without instructions from the president, he had drawn more of the money borrowed
in Holland, than he was authorized by those acts, and that he had been guilty of an indecorum to the house, in undertaking to judge its motives in calling for information. The charges contained in these resolutions being considered either frivolous or unsupported, the resolutions themselves were negatived by large majorities.
The states were not a little alarmed at a decision of the supreme court of the United States, at their session in February, 1793. The court at this sesion, four judges against one, decided, that a state was liable to a suit, in favor of an individual. This important and interesting question came before the court, in a suit instituted by a citizen of South Carolina, against the state of Georgia. The process was served, by leaving a copy with the governor, and also with the attorney general of that state-it was made returnable to August term, 1792; and was continued to February following. The state of Georgia did not appear, and the question was argued solely by the attorney general of the United States, in favor of the plaintiff.
The decision was grounded on that part of the constitution, establishing the federal judiciary, which declares, that the judicial power should extend among other cases, "to controversies between a state and citizens of another state." The court were of opinion, that this was not limited to controversies, where the state was plaintiff.
In consequence of this decision, in the summer of 1793, a suit was also commenced by an individual against the state of Massachusetts, and suits against other states, were no doubt, in contemplation. Congress, at their next session, proposed an amendment to the constitution, declaring, that the judicial power of the general government, should not be construed to extend to any suit, in law or equity, against any state, by the citizens of another state, or by citizens or subjects of any foreign state. This was afterwards ratified by the states, and became a part of the constitution.
The 4th of March, 1793, closed the sessions of the second congress, as well as the first term of the administration of president Washington.