IV.

essentially democratic, were among the earliest referen- CHAPTER ces in Congress to the subject of French politics. It was. only a few days before that the president had communi- 1792. cated to Congress a letter from Louis XVI., announcing his signature to that instrument, and its having thereby become the fundamental law of the French nation. All the members but two concurred in a vote expressing the high satisfaction of the House at receiving information of this important event, and their sincere sympathy in the welfare of the French people. But when it came to complimenting the "wisdom and magnanimity" displayed, as well in the formation as in the acceptance of the new Constitution, sixteen members demurred. Of these sixteen, ten were from New England, three from New York, one from Pennsylvania, and two from South Carolina.

The passage, by the former Congress, of a permanent act to regulate processes issuing from the courts of the United States, had been prevented by a difference of opinion as to the proper style of the writs, whether they should issue in the name of the president, or, conformably to the practice of the states, in the name of the people or of the commonwealth. This point had been evaded by the passage of a temporary act, by which the form of writs, except their style, for which no provision was made, and which was thus left to the discretion of the court, was to conform in each state to the usage of the Supreme Court of that state. The writs framed under this provision had been made to issue in the name of the President of the United States, and the forms adopted, except their style, were now confirmed by law, subject to such changes as the Supreme Court might order. Any direct approval was thus avoided of the monarchical usagefor so the ultra Republicans esteemed it-of issuing writs in the president's name: a usage, however, in which the

CHAPTER Courts still persist. The same act confirmed and sanc

IV. tioned the adoption, by the respective district and cir

1792. cuit courts, in actions at common law, of the method of procedure in use in the state courts of each respective district; but a discretion was given to the Supreme Court to make such changes as they might judge expedient. Subject to the same discretion on the part of the Supreme Court, the proceedings in equity and admiralty cases were to be "according to the principles, rules, and usages which belong to courts of equity and to courts of admiralty respectively, as contradistinguished from courts of law"-a provision construed by the Supreme Court to authorize the adoption of the forms and methods of the English Courts of Chancery and Admiralty.

The resolution of the first Congress, requesting of the states the use of their jails for federal purposes, having been generally complied with, an act for the relief of persons imprisoned for debt under processes from the courts of the United States extended to such prisoners the same privileges, as to jail limits, enjoyed by those confined in the same jails under state authority. Any prisoner, on taking an oath of poverty, was to be supported at the expense of the creditor, at the rate of one dollar weekly, otherwise to be discharged, his person to be thenceforth free, but his property to continue liable for the debt.

John Rutledge had resigned his seat on the bench of the Supreme Court, in consequence of an appointment as Chief Justice of South Carolina. The place had been offered first to Edward Rutledge, and then to Charles C. Pinckney; but both excused themselves, alleging that they could be more useful to the government out of office than in it. Finally, the vacant seat was given to Thomas Johnson, late governor of Maryland, and an early member of the Continental Congress, it having been on

IV.

his motion that Washington had been appointed com- CHAPTER mander-in-chief; but he did not long retain it.

An act on the subject of invalid pensions, by the nu- 1792. merous applications for which, growing out of casualties in the Revolutionary war, Congress had been a good deal embarrassed, gave to the federal courts the first occasion. to vindicate, as against the legislature, their dignity and rights. This act directed that claimants for pensions should exhibit to the federal circuit court of their respective districts the evidence of their claims; and all to whom the courts granted certificates were to be placed on the pension list by the Secretary of War, unless he had cause to suspect some imposition or mistake, in which case he was to report the matter to Congress. Applications having been made under this act, not long after its passage, to the Circuit Court for the District of New York, the judges, Jay being one, represented to the president that the act, so far as related to them, was unconstitutional and void, because Congress had no right to impose upon them any thing but purely judicial duties, nor to give to the Secretary of War, to Congress, or to any body else a revisory power over their proceedings. At the same time they expressed their readiness, acting, not as judges, but as commissioners, to make the investigations required. Similar representations were made by the circuit courts of Pennsylvania and North Carolina. To bring this question to a solemn decision, the Attorney General of the United States finally moved in the Supreme Court for a writ of mandamus to the Circuit Court of Pennsylvania, ordering them to entertain and exercise, as judges, the jurisdiction imposed by the Pension Act. An argument was had on this application, but before any formal decision was pronounced, Congress repealed the obnoxious law. This, however, did not occur till the next session.

CHAPTER

IV.

Another act of this session, of which most of the provisions still remain in force, regulated the authority and 1792. duty of American consuls appointed for foreign ports. They were to receive and authenticate all protests and declarations made before them by American citizens, or by foreigners in relation to any American citizen, copies of which, under their seals, were to have the same validity as the originals. They were to take possession of the property of all American citizens dying within their consulate, and having no partner or legal representatives; to make an inventory of it, with the assistance of two merchants, Americans, if there were any in the neighbor. hood, to be transmitted to the Secretary of State; to convert the property into money; to collect and pay the debts due to and from the deceased, and to remit the balance to the treasury of the United States, in trust for the heirs. In case of the stranding of any American vessel within their consulate, they were to take all proper steps, at the expense of the owners, for saving both ship and cargo; also to provide for and send home, at the expense of the United States, American seamen left abroad. Except at the Barbary ports, where the consuls acted as diplomatic agents, no salaries were allowed, but only certain fees, in some cases an abundant, in others a very insufficient compensation-a system still adhered to.

Some further action was also had on the subject of the public debt. There still remained outstanding certificates not subscribed to the new loans to the amount of ten millions of dollars. Further time was allowed to the holders of these certificates to become subscribers, and provision was made meanwhile for paying the interest. Provision was also made for paying off in full, both prin cipal and interest, the certificates held by the foreign officers who had served in the Revolutionary army. An

IV.

attempt to procure a further assumption, in case of the CHAPTER more deeply indebted states, was very warmly met by Giles, who took occasion to deliver a bitter philippic 1792. against the whole funding system, and the Secretary of the Treasury as its author-a species of eloquence for which he afterward became famous. Madison and Findley, on behalf of the states of Virginia and Pennsyl vania, insisted upon extending this assumption, if made, to that part of the state debts paid off since the peace, and in that way succeeded in defeating the proposition.

Taking up the suggestions thrown out by Madison in the debate on the original Funding Act, the officers of the Massachusetts Continental line had drawn up a memorial to Congress, had sent on Hull, one of their num ber-afterward very unfortunately distinguished-to call attention to their claims, and had invited the officers of the other Continental lines to co-operate in the same movement. The Massachusetts petition admitted that the first two armies, those which served in the campaigns of 1775 and 1776, had no ground of complaint, because in their time there was no depreciation. It was admitted, also, that those who had enlisted in 1780 and afterward, had no claim in equity, because the large 'bounties they received on engaging might be considered as an offset to what they afterward lost. But very dif ferent was the case of those who had enlisted into the permanent army prior to 1780. Having served through the most important campaigns, they had been obliged to accept their large arrears of pay, and the compensation allowed them for the depreciation of the paper money, in certificates unsupported by funds, and having no value beyond their market price, which was not more than a fifth, a sixth, or even an eighth of their nominal amount. This loss the United States were bound to make up, and