WEDNESDAY, February 26. A petition and representation of the pilots of Ocracock bar, in the State of North Carolina, masters of vessels, and merchants, owners of vessels, trading in and out at the same, was presented to the House and read, suggesting various reasons against the erection of a light-house on Ocracock Island, and praying that the same may be erected on Shell-Castle Island, in the harbor of Ocracock. Ordered, That the said petition and representation be referred to the Secretary of the Treasury, with instruction to examine the same, and report his opinion thereupon to the House. Resolved, That the committee appointed to inquire into the state of the Treasury Department, have power to send for persons, papers, and records. Ordered, That a committee be appointed to consider and report on the propriety of remitting the duty on imported bar iron, in certain cases; and that Mr. SAMUEL SMITH, Mr. FITZSIMONS, and Mr. SEDGWICK, be the said committee. Resolved, That so much of the Speech of the PRESIDENT OF THE UNITED STATES, as respects arms and military stores, magazines, and arsenals, together with the return of arms and military stores, reported by the Secretary for the Department of War, be referred to a special committee, and that they report whether any, or what, addition ought to be made to any or all of these objects; with an estimate of the expense of any augmentation they may recommend. Ordered, That Mr. FITZSIMONS, Mr. GOODHUE, Mr. JEREMIAH WADSWORTH, Mr. FORREST, Mr. MALBONE, Mr. BOUDINOT, Mr. PARKER, Mr. MACON, Mr. WINN, Mr. GILMAN, Mr. WATTS, Mr. ORR, Mr. BALDWIN, Mr. ISRAEL SMITH, Mr. LATIMER, and Mr. DAYTON, be a committee pursuant to the said resolution. The House resolved itself into a Committee of the Whole House on the bill for the relief of Lucy Clark; and, after some time spent therein, the Chairman reported that the Committee had had the said bill under consideration, and made no amendment thereto. On a motion made and seconded, that the said bill be recommitted to a select committee, it passed in the negative. Resolved, That the injunction of secrecy, imposed by the House in the case of the Letter from the Secretary of State to the British Minister, and the answer thereto, communicated by Message from the PRESIDENT on Monday last, be removed, and that the said letters be considered as public. THURSDAY, February 27. Mr. SEDGWICK, from the committee appointed to report whether any, and what, sum may be necessary to be loaned for the purpose of carrying on the public service for the year one thousand seven hundred and ninety-four, made a report; which was read, and ordered to be committed to a Committee of the Whole House to-morrow. The House resolved itself into a Committee of the Whole House on the Report of the Secretary of War, on the petition of William M'Hatton'; [FEBRUARY, 1794 and, after some time spent therein, the Chairman reported that the Committee had had the said Report under consideration, but come to no resolution thereupon. Ordered. That the Committee of the Whole House be discharged from the farther consideration of the said Report; and that Mr. BOUDINOT, Mr. GREENUP, and Mr. BAILEY, be a committee to report whether any, and what, alterations or amendments are in their opinion necessary to the act "to regulate the claims to Invalid Pensions." On a motion made and seconded, that the House do come to the following resolutions: "Resolved, That provision ought to be made by law for the payment of the interest on the balances credited certain States, in the books of the Treasury, upon the final settlement of the accounts between the United States and the individual States. "Resolved, That the balances due from sundry of the States, on the final settlement of the accounts between the individual States and the United States, ought to be paid in years, by annual instalments." Ordered, That the said motion be committed to a Committee of the Whole House on Monday next. The House resolved itself into a Committee of the Whole House on the bill for the remission of certain duties; and, after some time spent therein, the Chairman reported that the Committee had had the said bill under consideration, and made no amendment thereto. And on the question that the said bill be engrossed, and read the third time, it passed in the negative. And so the said bill was rejected. Mr. WILLIAM SMITH, from the committee to whom was referred the motion of the 19th instant, "for the repeal of so much of the act 'to establish the Judicial Courts of the United States,' as is or may be construed to require the attendance of the Marshal of each State, at each of the sessions of the Supreme Court, and providing that, in future, the said Court shall be attended during session by the Marshal of the District in which they sit, unless by special order the Court shall require the same," made a report. Whereupon, Resolved, That it will be proper to pass a law repealing so much of the act" to establish the Judicial Courts of the United States," as is or may be construed to require the attendance of the Marshals of all the Districts at the Supreme Court, and enacting that the said Court shall be attended, during its session, by the Marshal of the District only in which the Court shall sit, unless the attendance of the Marshals of other Districts shall be required by special order of the Court. The House then proceeded to consider the amendments reported by the Committee of the Whole House on the nineteenth instant, to the report of the committee appointed to take into consideration the act "to establish the Judicial Courts of the United States," and report some provision in the case where any Judge of the Courts of the United States is, or may, by sickness, or other disqualifying cause, be rendered incapable of discharging the duties of his office; also, some further provision concerning bail, process, and costs, in the Courts of the United States; and, generally, to report such amendments to the said act as they may judge necessary and Constitutional; and the said amendments being severally twice read, were, on the question put thereupon, agreed to by the House. [H. OF R. whether any, and what, sum was necessary to be borrowed for the service of the current year. The report states it to be expedient that the President should be authorized to borrow $1,000,000, if in his opinion the same shall be necessary. The report was referred to a Committee of the Whole, Ordered, That a bill or bills be brought in, pur-and the House resolved itself into a Committee suant to the said report as amended, and to the pre-accordingly. ceding resolution, and that Mr. WILLIAM SMITH, Mr. JEREMIAH SMITH, Mr. MOORE, Mr. MURRAY, Mr. THATCHER, Mr. SCOTT, and Mr. CHRISTIE, do prepare and bring in the same. Ordered, That there be a call of the House tomorrow, at twelve o'clock. The House proceeded to consider the report of the committee to whom was referred the petition of Henry Hill. Whereupon, Ordered, That the said report be committed to a Committee of the Whole House immediately. The House accordingly resolved itself into the said committee; and, after some time spent therein, the Committee rose and reported progress. The House proceeded to consider the report of the committee to whom was referred the petition of Lieutenant Colonel Tousard. Whereupon, Resolved, That there be allowed to the said Lieutenant Colonel Tousard an equivalent for his pension for life, agreeably to the rule of commu-. tation, as adopted by the United States, in lieu of the half pay to the officers of the late Army. Ordered, That a bill or bills be brought in, pursuant to the said resolution, and that Mr. SAMUEL SMITH, Mr. THATCHER, and Mr. LEARNED, do prepare and bring in the same. FRIDAY, February 28. Mr. TRUMBULL, from the committee appointed, presented a bill to prohibit the carrying on the slave trade from the United States to any foreign place or country; which was read twice, and committed. Mr. FITZSIMONS, from the committee appointed to prepare and report to the House an estimate of the expense that will be requisite to place the principal seaports and harbors of the United States in a state of defence, made a report; which was read, and ordered to be committed to a Committee of the Whole House on Monday next. The report being read, Mr. SEDGWICK said it was the duty of the select committee to state the several steps which had been taken in the progress of their inquiry, and the facts which had come to their knowledge during the investigation, that the result which was expressed in their report might have its merits decided on by the Committee of the Whole. He stated that, however inadequate the actual receipts of the revenue might be to discharge all the demands made on the Government, there was in fact no deficiency in the funds appropriated to the discharge of those demands. The deficit was owing merely to the credit which, for the convenience and benefit of trade, was allowed to the merchants; and that, in fact, the bonded duties were more than equal to meet all the demands on the Treasury. This credit, it would be remembered, extended from four months to two years. He next stated that, by the report now in the possession of the Committee, that the deficiency at the end of the present quarter would amount to $621,294 18. The select committee were not fully acquainted with the Bank transactions in relation to the Treasury, and were uncertain whether money deposited in Banks by Collectors of revenue was considered as in the Treasury from the time of the deposite. He observed, that this doubt arose from considering the law constituting the Treasury Department, by which it appeared that the Secretary's warrant was as well required for paying money in, as for issuing it from the Treasury. It might therefore happen, if the deposite money was not considered as in the Treasury, that the apparent deficit reported, of $621,291 18, might exist, while, in fact, there might be at the disposal of Government a sufficient sum completely to answer every demand. Mr. S. said that, contemplating the subject in this view, the select committee had thought it The House resolved itself into a Committee of their duty to submit certain questions to the Sethe Whole House on the report of the committee cretary, which they had accordingly done; the appointed to prepare and report such Standing import of which was, "whether money collected Rules and Orders of proceeding as may be proper on account of the United States, in Banks, was to be observed in this House; and, after some time from the time of deposite considered as in the spent therein, the Committee rose and reported Treasury? Or, are any, and if any what, means progress. necessary to subject money so deposited to the The House again resolved itself into a Com-control of the Treasurer? And in the latter case mittee of the Whole House on the report of the Secretary of the Treasury, of the sums necessary to be appropriated for the service of the year one thousand seven hundred and ninety-four; and, after some time spent therein, the Committee rose and reported progress. ON THE STATE OF THE TREASURY. Mr. SEDGWICK called up a report of a select committee to whom it had been referred, to report who is, from the time of such deposite until it passes into the Treasury, responsible to the United States Is any money now so deposited capable of being drawn into the Treasury? And, if any, is the probable amount such as to render a present provision for a loan inexpedient or unnecessary?" Mr. S. then read the following Letter, addressed to him as Chairman of the select committee, from the Secretary of the Treasury: TREASURY DEPARTMENT, February 25, 1794. SIR: The following are answers to the questions stated in your Letter of the 22d instant, viz: Answer to question the first. "All moneys collected on account of the United States, and deposited in the Banks to the credit of the Treasurer, are considered as in the Treasury from the time of the deposite. The steady course with regard to the standing revenue is, that the money deposited in Bank passes immediately to the credit of the Treasurer. "But it is necessary, to discharge the payers, that receipts of the Treasurer should be endorsed upon warrants signed by the Secretary, countersigned by the Comptroller, and registered by the Register, which is the course regularly observed. Answer to question the second. "After moneys are deposited in Banks to the credit of the Treasurer, they are in his control, though they may not legally be disbursed but upon warrants of the above description. If deposited without passing in the first instance to the credit of the Treasurer, the means used for placing them in his custody and disposal are warrants of the like kind. Answer to question the third. "In respect to any moneys of the United States, deposited in Banks, but not passed to the credit of the Treasurer, the Banks are considered as directly responsible to the United States; in the case of deposites to the credit of the Treasurer, they are responsible, in the first instance, to him, ultimately to the United States. Answer to question the fourth. "Only two cases are recollected, in which moneys of the United States may be considered as having been deposited in Bank without passing, in the first instance, into the account of the Treasurer. These relate, first, to the proceeds of foreign bills sold for the Government and received by the Bank, (all accounts of which are now finally closed;) second, to the sum of $200,000, being the only sum now so deposited, which arises from the last loan had of the Bank. It is left (subject to the eventual decision of the Legislature,) as an offset against the second instalment of the two million loan from the Bank. [FEBRUARY, 1794 except from the proceeds of the revenue, which, as far as known, are comprised in the statement before the House of Representatives. So that there is no resource but a loan which can supply the deficit of receipt in the course of the present and succeeding quarters, compared with the expenditure; without one, a failure in the public payments is inevitable. "If what has been said should not give the Committee the light they desire, it is imagined that personal explanations would lead more fully to their object than the course of written interrogatories and answers, which can only partially embrace the subject, and may procrastinate a right understanding of it. "I am, sir, with esteem and regard, &c., "ALEX. HAMILTON. "THEODORE SEDGWICK, Esq., "Chairman of the Committee." the business as transacted, in the manner stated in After reading this Letter, Mr. S. observed, that the Secretary's Letter, was the most beneficial possible for the United States, because it prevented any money, at any time collected for the public, lying beyond the reach of the Government and useless. He further observed, that gentlemen would remember that it was necessary, not only to provide for a deficiency which might exist at the end of the current quarter, but also for that next succeeding. That, to enable the select committee to discharge the duty which they owed to the House in this respect, it had been thought expedient to call on the Secretary. This they had accordingly done; and had extended their inquiry to that period to fulfil the object of their commission. That the estimate resulting in their report was formed of the best materials they could collect. He said that, in several particulars, it was probable that the estimate might not be justified by events. It ought, however, to be remembered, that it was the duty of the Legislature to put the preservation of the public credit almost beyond the reach of the possibility of being injured. The first article, he mentioned, was the deficit which would exist on the first of April, amounting, as clearly reported to the House, to $621,294 18 1,000,000 florins were to be paid in Holland by the first of July. The committee had agreed to estimate this at $400,000, though, according to the present rate of exchange, it would amount to about $40,000 more. Gentlemen would undoubtedly perceive that it was for the public interest that this object should be provided for as early as possible, that advantage might be taken of the occurring circumstances, so as to conduct the business most profitably for the United States. One "The effect of the operation will be this: An interest of six per cent., payable to the Bank upon the instalment, will be extinguished from the 31st December last, by an interest of five per cent., payable to the Bank upon the sum borrowed of itself and left in deposite. And it has been endeavored, thereby, to preserve consistency and regularity in the arrangements of the Treasury. The first instalment, by leaving in deposite an equal sum of the proceeds of foreign bills, was considered as effected on the 31st December, 1792, though there was not power to consummate the payment till some months after. Hence, it becomes regular, that each succeeding instalment should be paid on the last of Decem-quarter of the interest of the Public Debt was ber of each year. The provisional measure, thus adopted, was the only expedient in the power of the Treasury to reconcile, as far as practicaule, considerations relative to the public interest and credit, with legality of pcedure. Neither the sum in deposite, on the one hand nor the instalment payable to the Bank, on the other, is brought into the probable state of cash lately presented to the House of Representatives; because they balance each other and leave the result the same. "There are no existing sources from which moneys can come into the Bank on account of the United States, mated at $50,000. This he said would amount to $700,000; one quarter of the Civil List was estisomewhat more, owing to the increase of the number of the members of the Legislature. The remaining item mentioned by him was the Army expenditures, estimated at $375,000. This item, he observed, might vary more from the estimate than any of the preceding. It might rise considerably above it, it might fall considerably below. The conjecture would, however, be found probably not far from the truth. The aggregate of these FEBRUARY, 1794.] State of the Treasury. [H. OF R. was executed. Mr. G. said he merely stated these facts, believing the committee should be acquainted with them. several items amounted to $2,146,294 18. To satisfy this sum, it appeared, by returns in the Secretary's office, that there would fall due of duties on imports and tonnage, in the months of April, Mr. SEDGWICK said, the facts mentioned by the May, and June, and of course in season to meet gentleman from Virginia [Mr. GILES] had apthe demands which may be made on the first of peared during the investigation of the committee, July, $448,802 22. There will also be received, and were truly stated. That he himself should in the same period, one quarter of the annual du have mentioned them, had he supposed they could ties on distilled spirits, amounting by estimate to have any influence in determining the question $100,000; which, added to the returned amount under consideration. That, when this question of the duties as before stated, of $448,802 22, was decided, he would bring forward a motion by makes an aggregate of $548,802 22. This sum, which the House should be officially possessed of deducted from the aggregate of the estimated de- a knowledge of those facts. At present, he would mands which may become necessary to be dis-only observe to the committee, that it was true charged, being as before stated $2,146,294 18, the contract between the Secretary and the Bank, would leave a balance to be provided for by loan in pursuance of the legal provision, was executed of $1,597,491 96. in June or July; that it was, by the contract, agreed that it should have a retrospective operation to the time of the commencement of the negotiations of the Bank. It ought, however, to be noticed, that by this means the United States were obliged to pay an interest of six per cent. on the amount of their subscription for the time preceding the date of the contract, but they were for the same time interested in the profits of the Bank, which, amounting to considerably more than six per cent., the difference was a clear balance in favor of the public. It was also to be observed that, by paying the instalments in December, instead of June or July, a debt due from the Government, bearing an interest of six per cent., was exchanged for one bearing an interest of five per cent., so that in both the instances mentioned by the gentleman, there was a clear and manifest saving to the United States. He observed, however, that there were two considerations which would considerably lessen this balance. These were, first, that there was a deficiency of returns of bonded duties; and, second, the revenue of the present year, arising from imports and tonnage, which would be in fact received previous to the first day of July. These two articles the Secretary had estimated at $600,000; this he had founded on his experience on this subject. The committee had thought their report might result in round numbers, departing somewhat from the Secretary's estimate, by reducing the $600,000 to $597,491 96, leaving, according to their report, a balance of $1,000,000 to be provided for by loan. Mr. S. said, it was true that all the demands on the Treasury might not be made at the precise moment they became due. It was, indeed, probable that the money due to foreign officers in particular might not; but he repeated that it was the duty of the Legislature to put the public credit beyond the reach of injury; and that, by the report of the select committee, the authority to borrow was only to exist in the case of necessity. The report of the select committee was agreed to and adopted by the House, and Mr. SEDGWICK, Mr. GILES, and Mr. DEARBORN, were directed to report a bill conformably thereto. Mr. SEDGWICK then moved that the Secretary of the Treasury be directed to furnish the House with a copy of the contract made in pursuance of the eleventh section of the act for incorporating the subscribers to the Bank of the United States; also, a copy of any opinion which may have been given by the Attorney General, relative to a construction of the contract; and that he inform the House of any provisional measures which may have been taken to discharge the second instalment, due on the said loan. This motion was agreed to. Mr. GILES said, the Chairman of the select committee had made a fair and comprehensive statement of the conduct of the committee, as far as he had gone; there were, however, some facts which he had omitted, that he thought should be communicated. He said that, in the course of the committee's investigation, it had appeared that the contract contemplated by the act for incorporating the Bank, had been dated either in June or July. It had, however, been agreed that it should have a retrospective effect, so as to interest the United States in the Bank from the commencement of its operations. He thought it also his duty to state to the committee, though not in opposition to the report, that it had been made a question whether the payment of the instalments due to the Bank from the United States should be considered as falling due at the time of the commencement of its operations, or at the time of executing the contract. That this question had been referred to the Attorney General, who had given an opinion in favor of the latter period. That the Secretary, A petition of the merchants, manufacturers of notwithstanding, had, in opposition to this opinion, iron, and ship-builders, in the city of Philadelphia made the first payment in December, very near and its vicinity, whose names are thereunto subthe time when the Bank commenced its opera-scribed, was presented to the House and read, tions, instead of June or July, when the contract praying that so much of the impost laws of the He next moved, that a committee be appointed to prepare and report a bill providing for the second instalment, due on a loan made of the Bank of the United States. This motion was also agreed to, and a committee, consisting of Mr. SEDGWICK, Mr. W. SMITH, and Mr. CADWALADER, accordingly appointed. MONDAY, March 3. H. or R.] Amendment to the Constitution. [MARCH, 1794. United States as imposes a duty on the importa-making presents to the Creek and Cherokee Intion of bar iron, may be repealed. Ordered, That the said petition be referred to Mr. SAMUEL SMITH, Mr. FITZSIMONS, and Mr. SEDGWICK, that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House. Mr. SEDGWICK, from the committee, presented a bill authorizing a loan of one million of dollars; which was twice read, and committed. Ordered, That the report of the committee to whom was referred the Message from the PRESIDENT OF THE UNITED STATES, of the 7th day of January last, respecting the appointment of an officer for the receiving, safe-keeping, and distributing of public supplies, under the direction of the War Department, be committed to a Committee of the Whole House on Thursday next. Mr. TRACY, from the committee appointed, presented a bill to establish the Post Office and Post Roads within the United States; which was twice read and committed. The following Message was received from the PRESIDENT OF THE UNITED STATES: Gentlemen of the Senate, and of the House of Representatives : I transmit to you an extract from a Letter of Mr. Short, relative to our affairs with Spain, and copies of two Letters from our Minister at Lisbon, with their enclosures, containing intelligence from Algiers; the whole of these communications are made in confidence, except the passage in Mr. Short's Letter which respects the Spanish convoy. G. WASHINGTON. UNITED STATES, March 3, 1794. The said Message and papers were read, and ordered to lie on the table. A Report was read from the Secretary of the Treasury, on sundry petitions which had been referred to him. The letter enclosing this report suggests to the House, whether it would not be expedient to place the business of reporting on petitions in some other channel, as the pressure of his official duties, in addition to the extra business of the inquiry into the Treasury Department, will not permit him to pay that seasonable and prompt attention to these petitions which the parties expect, and have just claim to. Mr. SEDGWICK, from the committee appointed, presented, a bill providing for the payment of the second instalment due on a loan made of the Bank of the United States; which was read twice and committed. Ordered, That the resolution agreed to by this House on the second of January last, "for appropriating a sum of money, in addition to the provision heretofore made to defray any expense which may be incurred in relation to the intercourse between the United States and foreign nations," be committed to Mr. WILLIAM SMITH, Mr. AMES, and Mr. New, with instruction to prepare and bring in a bill or bills pursuant thereto. Resolved, That the PRESIDENT OF THE UNITED STATES be requested to cause to be laid before this House a statement of the gross sum of money which has been advanced by the United States, in dians, since the treaty made at New York; also, all expenses incurred, and sums of money expended, in making the said treaty. Ordered, That Mr. CARNES and Mr. MACON be a committee to wait on the PRESIDENT, with the foregoing resolution. The House resolved itself into a Committee of the Whole House on the report of the committee to whom was referred the Message from the PRESIDENT OF THE UNITED STATES, of the 30th ultimo, enclosing a copy of a Letter from the Governor of North Carolina, covering a resolution of the Legislature of that State; as, also, the petitions of Thomas Person and others, proprietors of lands in the Territory of the United States South of the river Ohio, and of the Trustees of the University of North Carolina; and, after some time spent therein, the Committee rose and reported progress. TUESDAY, March 4. The House resolved itself into a Committee of the Whole House on the bill authorizing a loan of one million of dollars; and, after some time spent therein, the Chairman reported that the Committee had had the said bill under consideration, and made no amendment thereto. Ordered, That the said bill be engrossed, and read the third time to-morrow. The House resolved itself into a Committee of the Whole House on the report of the committee appointed to prepare and report to the House an estimate of the expense that will be requisite to place the principal seaports and harbors of the United States in a state of defence; and, after some time spent therein, the Committee rose, and reported progress. AMENDMENT TO THE CONSTITUTION. The House resolved itself into a Committee of the Whole House on the resolution sent from the Senate, "proposing an article of amendment to the Constitution of the United States, respecting the Judicial power;" and, after some time spent therein, the Chairman reported, that the Committee had had the said resolution under consideration, and made no amendment thereto. A motion was then made, and seconded, to amend the said proposed article of amendment, at the Clerk's table, by adding to the end thereof, the words following, to wit: "Where such State shall have previously made provision in their own Courts, whereby such suit may be prosecuted to effect;" and, on the question thereupon, it passed in the negative-yeas 8, nays 77, as follows: William Hindman, Henry Latimer, Andrew Pickens YEAS.-John Beatty, Elias Boudinot, Daniel Heister' Thomas Scott, and Silas Talbot. NAYS.-Fisher Ames, Theodorus Bailey, Abraham Baldwin, Thomas Blount, Shearjashub Bourne, Ben jamin Bourne, Thomas P. Carnes, Gabriel Christie Thomas Claiborne, David Cobb, Peleg Coffin, Joshu Coit, Isaac Coles, William J. Dawson, Henry Dear born, George Dent, William Findley, Thomas Fitzsi. |