Naval Appropriations.

for finishing the frigates, because the building | they had not, a right to exercise discretion in of them was directed by law, this was a most the appropriation of money. If this exercise important point. He thought this involved one were to be allowed in any case, why could it of the most valuable principles which that not be allowed in the present? He wondered, House possessed, and which should never be therefore, that gentlemen in favor of this mo lost sight of, viz: the right of every member to tion should have touched upon this ground. exercise his discretion upon every question, ap- He agreed with the gentleman that they had propriations as well as others, which came be- this discretion, and that it ought to be used fore him. Did not the gentleman know that with caution, and not upon trifling occasions. the most solemn decision had taken place last But he conceived this to be one of those occasession on this subject, by a large majority? sions in which it was necessary for those opIndeed, said he, this sentiment was so ingrafted posed to a Naval Establishment, to vote against in the constitution that the House could not di- this appropriation. He meant against the apvest themselves of it; for the gentleman to say propriation in its extent. It was because he they did not possess it, was to make a dead let- considered a Naval Establishment as highly inter of their privileges. There could be no doubt jurious to the interests of this country, he on the subject; and it was a sacred and essen- should vote against every measure which had a tial principle which would go further to pre- tendency to produce it. That gentleman, and serve our liberties than any other which they others who thought differently, would vote acpossessed. He trusted, therefore, they should cordingly. guard it with special care.

ations amongst the different objects; as the
amendment, he conceived, meant nothing more
than the department should not expend any
more than the sum appropriated for the differ-one.
ent items, which they had no right to do if there
were no amendment. Heretofore, when appro-
priations were made in a mass, the Secretary of
War did not feel himself bound to govern him-
self by the estimate which he had given in, but
by particularizing the different items, the former
evil was corrected.

Mr. GALLATIN said, if the fact was exactly as it had been stated by his colleague, his amendment might be unnecessary, but the Treasury Department had not acted upon the principle which he had stated. They had, notwithstanding the distribution of the appropriation, thought themselves at liberty to take the money from an item where there was a surplus, and apply it to another, where it was wanted. And when this was objected to, as taking from the Legislature their appropriating power, they answered that the Legislature had entered so much into detail that they could not attend to their directions. They had, last session, made the appropriations more specific than at present, yet the Secretary of the Treasury, in a letter written to the House during this session, said, "that it was well known to have been a rule since the establishment of the Government, that the appropriations for the Military Establishment were considered as general grants of money, liable to be issued to any of the objects included under that department." Therefore, unless this amendment was introduced, it would leave the power as before. In order to make the business more easy, all the contingent expenses were appropriated in one sum.

The object of this amendment, said Mr. G., was that no part of the pay of the Army should go to the Quartermaster's Department, &c., and that none of them should go to the building or equipping the frigates; but if this were not the case, money might be found to get the frigates to sea from the appropriations for the Military Department, if the PRESIDENT should think it necessary so to apply it. As to the amendment, it would do away the intention of it altogether. Mr. HARPER was against the amendment. He thought the Department ought to be at liberty, in case of an appropriation proving deficient, to have recourse to other funds where there might be a surplus, and as none would be taken, except where there was a surplus, he could see no objection to this being allowed. Indeed, for want of such a privilege very serious inconveniences might arise to the service, in case of

accident or unforeseen events.

Mr. GALLATIN said, the law did not operate in the manner which the gentleman last up supposed. They had lately voted a sum of forty thousand dollars to make good a deficiency of last year, which had been used for some other purpose; in consequence the deficiency fell upon the pay of the Army, although that could not increase, because the number of men was never

[H. OF R

increased; it might be less, as the nominal, not the actual number of men was appropriated for. Mr. KITTERA thought the amendment a bad Suppose, said he, a boat should be overset with tents in the lake, or a magazine blown up, the losses could not be repaired, because, though there might be surplus sums in the Treasury from other items in the establishment, yet, if this amendment prevailed, they could not be touched. He thought this would be the effect; he was against innovations.

The amendment was put and carried, there being fifty-four votes in favor of it. The committee then rose, and the House took up the amendments.

And then the main question, "to finish the frigates dollars," was taken by yeas and nays, as follows:

YEAS.-Fisher Ames, Abraham Baldwin, Theophilus Bradbury, Richard Brent, Daniel Buck, Dempsey Burges, Joshua Coit, William Cooper, William Craik, Samuel W. Dana, James Davenport, Henry Dearborn, George Dent, George Ege, William Findlay, Abiel Foster, Dwight Foster, Nathaniel Freeman, jr., Ezekiel Gilbert, Nicholas Gilman, Henry Glenn, Chauncey Goodrich, Roger Griswold, William B. Grove, Robert Goodloe Harper, Carter B. Harrison, Thomas Hartley, John Heath, William Hindman, John Wilkes Kittera, Edward Livingston, Samuel A. Muhlenberg, William Vans Murray, John NichLyman, Francis Malbone, John Milledge, Frederick olas, Alexander D. Orr, Josiah Parker, Elisha R. Potter, John Read, Samuel Sewall, Samuel Sitgreaves, Jeremiah Smith, Nathaniel Smith, Isaac Smith, William Smith, Thomas Sprigg, John Swanwick, Zephaniah Swift, George Thatcher, Richard Thomas, Mark Thompson, John A. Van Allen, Philip Van Cortlandt, Joseph B. Varnum, Peleg Wadsworth, and John Williams.

NAYS.-Theodorus Bailey, David Bard, Thomas Blount, Nathan Bryan, Samuel J. Cabell, Gabriel Christie, Thomas Claiborne, John Clopton, Isaac Coles, Jesse Franklin, Albert Gallatin, James Gillespie, Christopher Greenup, Andrew Gregg, Wade Hampton, John Hathorn, Jonathan N. Havens, James Holland, Andrew Jackson, George Jackson, Matthew Locke, William Lyman, Samuel Maclay, Nathaniel Macon, Andrew Moore, Anthony New, John Patton, John Richards, Israel Smith, Richard Sprigg, jr., William Strudwick, and Abraham Venable.

The question to fill the blank with $178,000 the bill ordered for a third reading to-morrow. was then put and carried-ayes 47, noes 42, and

FRIDAY, March 3.

Call for Statements.

Mr. GALLATIN said, he wished to propose to the House three resolutions, calling for statements relative to the War Department, which he wished to be laid before the House at the next session. They had heard it said upon that floor, by gentlemen who were considered to be well acquainted with the subject, that many expenses had taken place in that Department which ought to have been checked. Conceiving a check of this kind to be necessary, and knowling the expense of the Military Department was

H. OF R.]

Military and Naval Appropriations.

[MARCH, 1797.

increasing from year to year, beyond what the | grew out of necessity; for the extreme embarincrease in the number of troops would warrant, rassment which would attend the practice of a it was proper to lay the foundation of an inquiry strict adherence, would render it impracticable. into the subject. Indeed, having just passed a But, as he did not mean to stand responsible pretty severe law relative to the Receivers of for the motion, he should be satisfied with callPublic Money, and understanding that the Sec-ing for the yeas and nays; which were agreed retary of the Treasury had a long list of delin- to be taken. quents, he was desirous of taking some steps in the business. From these considerations, he offered the following resolutions for acceptance: | "Resolved, That the Secretary of the Treasury be directed to lay before the House of Representatives, within the first week of January next, abstracts of the accounts of all paymasters, quartermasters, contractors, agents for the purchase of supplies, and generally of all the Receivers of Public Moneys, paid from the Treasury from the 1st of January, 1791, to the 1st of January, 1797, on account of the Military Establishment, so as to exhibit a detailed statement of the whole amount of moneys thus expended to that period; and whether any of the accounts be not finally settled; and shall lay before the House an estimate of moneys not accounted for.

“Resolved, That the Secretary of the Treasury be directed to lay, at the same time, before the House of Representatives similar abstracts of the accounts of all the Receivers of Public Money expended for the building of the frigates.

"Resolved, That it shall be the duty of the Secretary of the Treasury to lay before the House of Representatives, within the last week of January in each year, a statement of money expended for the Military Establishment during the next preceding year, distinguishing the sums expended under each head, for which specific appropriations have been made, and an estimate of the probable unsettled demands in relation to each of those heads."

The resolutions were severally agreed to.

EVENING SESSION.

Military and Naval Appropriations. The bill appropriating money for the Military and Naval Establishments, was received from the Senate with an amendment, proposing to do away the restriction which had been introduced into the bill to confine the expenditure of money to the specific objects for which each sum is appropriated.

Mr. DANA hoped the House would recede from the amendment.

Mr. GALLATIN said that, by the constitution, no money was to be granted but by a law passed in the regular mode. Now, said Mr. G., this is not by law, if, after a certain sum is granted for one item, it be not used for that purpose, but put to some other object. This was certainly according to the spirit of the constitution, and if you do not strictly abide by that, you may as well set aside the constitution, and say we will appropriate $6,000,000 for the support of Government for the present year. If we mean to carry the constitution into effect we must reject the amendment.

Mr. SITGREAVES observed, that his opinion on this point was, that the House had a constitutional power to depart from any identifying of articles to sums granted, and that departure

Mr. NICHOLAS thought, that when gentlemen went on supporting such unlimited measures as had lately taken place, and voting such a waste of money, it would be very dangerous. When we see large sums voted for an army and navy in time of peace, said he, it would justify us in adopting some regulation to prevent it. The difference between the operation of this and the other node is, that in this you confine your public officers to the identical object for which a sum is appropriated; otherwise they might use what they would call overplus money for any object they might think fit. According to this method, proposed by the Senate, any sum may be taken from any certain object, and placed to any other, which Mr. N. thought too unbounded a power to be placed in the Executive.

Mr. PARKER said, he would not pretend to justify the expenditure on the Military Establishment, but he could not help observing that the casualties to which the forage and clothing, &c., which is transported to our garrisons, are exposed, are very great. Though at peace with the Indians, it is but a temporary one, and we cannot be sure they will not intercept our stores; besides other accidents to which it is exposed, all which make it necessary that the hands of the Executive should not be tied from using the surplusage of some, for the accidental and unforeseen deficiencies of others; without this the Army may be exposed to the most poignant distress, owing to a deficiency in the appropriation, while the Treasury has money in hand as surplus from other objects. Considering the great importance of an appropriation, he hoped gentlemen would not so incline to oppose the bill, especially, said he, when our existence will not, as a Legislative body, be more than four hours, and, in that time, it must pass other authorities before it can be put into effect; if it is lost, the effects will be bad. Mr. P. said he had as many scruples as any gentleman, and would take every measure to preserve the constitution inviolate, but he should be sorry if, under the fear of offending it, the Government should be stopped.

Mr. HEATH.-If my existence was to be but for one moment, I would stand here and oppose this resolution; to let it pass, is precluding the freedom of inquiry into the conduct of our public officers. If we were to commence this loose kind of a way of appropriating, we may go on to do this, that, and the other, until we were too far to stop. Were we to indulge ourselves to go into the wide fields of accident, we might suppose this and that, but our imaginations would have no end. He lamented the shortness of the time they had to discuss it.

MARCH, 1797.]

Military and Naval Appropriations.

Mr. GILBERT acknowledged this was the age | of reason, but he was sorry the House should be inclined to adopt an entire new doctrine of privileges. We should not hazard a new position, when it may be attended with the greatest danger; therefore he hoped they would agree with the Senate.

[H. OF R.

ment, but he rose to express his disapprobation of it, and he should have been glad if there was time to make another bill. We must either suffer the community to abide under great disadvantages, or ourselves. If they could exist, politically, he said he should be happy to destroy that bill. He must acknowledge that it was crammed down his throat.

Mr. LIVINGSTON said, that the reasons urged by the gentleman from Massachusetts, instead of the end he proposed, would have a contrary effect. Mr. L. believed that this amendment had a tendency to lessen the privileges of the House; believing this, no object of convenience, no view to the general opinion, should ever prevent him voting against it. He believed it pregnant with mischief. The Civil and Military Departments would be too easily connect

Mr. HARPER thought it would not be very difficult to convince gentlemen who oppose it, that the amendment was calculated to secure the very object they wished. It was not a violation of the constitution, as some gentlemen supposed. He would ask, could not an appropriation be made for the use of the Military Establishment in general terms? Yes, he would answer; else how could an appropriation in general terms have been made for the intercourse with foreign nations? Certainly it could not be unconstitutional to appropriate the over-ed; if the one wanted assistance, while the plus of one article to supply the deficiency of another. One moment's reflection, Mr. H. thought, would convince members of the error of a contrary opinion. It might not be safe to do it without law, but here is a law allowing it. The whole must suffer if the War Department is deficient, which cannot be avoided if one is not to assist another branch, for it is scarce possible to guard against every contingency. He thought the amendment beneficial in the highest degree, and without it, would stop the War Department in its operations. He hoped no delay would take place, as it endangered the bill.

Mr. VARNUM said, that notwithstanding all that gentlemen might produce to prove the necessity of giving the Executive large powers, yet it was dangerous; he instanced that, if the Executive were determined to man and equip the frigates for sea, they would have power to do it from money appropriated, and intended for other purposes; thus it was transferring a power, solely vested in the Legislature, into the Executive Department. He thought it was an infringement on the constitution; it was putting the power where it never was intended to be; although he had great respect for that department, yet he did not wish to see its powers extended too far. A gentleman had intimated he should not wish the bill to be altered, if he was sure there would not be war with the Indians. He would answer that there could not be a war until the Legislature met again.

Mr. V. said, that there was one-fifth more money appropriated than could be used before the next meeting of Congress, for there would be two months of the present year's appropriation, during any part of which another bill might be passed.

Mr. SWANWICK thought there was no danger of the bill being lost; it was necessary to discuss a principle which appeared to admit of danger; it was throwing the whole of the money to the mercy of the Treasury Depart

ment.

Mr. PAGE said he should vote for the amend

Treasury had money in hand it would be supplied. He thought the House had voted sufficient to answer every purpose intended, and he believed, whatever specious arguments may be used, the House would not recede. If any evil attended, he was willing to take his part of the blame; but he was not apprehensive of any.

Mr. W. LYMAN hoped it would not pass, as it was full of danger and bad principles.

Mr. W. SMITH said, the appropriation to the Military Establishment had always been considered a general grant of money; therefore it would introduce no new principles, but the manner of this bill, passed in this House the day before the close of the session, and sent up to the Senate the very day of the adjournment.

Mr. S. said gentlemen talked about the constitution, but he thought they had wrong ideas of the evils of this business: it was not whether they gave too much power to their officers, but the Military Establishment could not go on; then the PRESIDENT would be obliged to alarm the whole nation, and incur a vast expense to get the Congress together, and all for want of due time and regulations: and now we must cram it down the throats of the Senate. Surely gentlemen should have some moderation, and not be so hightoned as to prevent any other branch of the Legislature from exercising their powers as well as us.

On the question being taken to concur with this amendment, the yeas and nays stood, 36 to 52, as follows:

YEAS.-Theophilus Bradbury, Daniel Buck, Dempsey Burges, Joshua Coit, Wm. Cooper, William Craik, Samuel W. Dana, James Davenport, George Dent, George Ege, Abiel Foster, Dwight Foster, Ezekiel Gilbert, Nicholas Gilman, Chauncey Goodrich, Roger Griswold, Robert Goodloe Harper, Thomas Hartley, nard, Samuel Lyman, Francis Malbone, John Page, William Hindman, John Wilkes Kittera, George LeoJosiah Parker, Samuel Sewall, Samuel Sitgreaves, Nathaniel Smith, Isaac Smith, William Smith, Zephaniah Swift, George Thatcher, Richard Thomas, John E. Van Allen, Peleg Wadsworth, and John

Williams.

NAYS.-Theodorus Bailey, Abraham Baldwin, Da

[MARCH, 1797. Mr. PARKER said, as it was a personal question, he hoped it would lie on the table.

Mr. Corr thought it a delicate question, and one which ought not to be agitated, and therefore moved the previous question.

vid Bard, Thomas Blount, Richard Brent, Nathan Bryan, Samuel J. Cabell, Gabriel Christie, Thomas Claiborne, John Clopton, Isaac Coles, Henry Dearborn, William Findlay, Jesse Franklin, Nathaniel Freeman, jr., Albert Gallatin, James Gillespie, Christopher Greenup, Andrew Gregg, Wade Hampton, John Hathorn, Jonathan N. Havens, John Heath, James Holland, Andrew Jackson, George Jackson, Edward Livingston, Matthew Locke, William Lyman, Samuel Maclay, Nathaniel Macon, James Madison, John Milledge, Andrew Moore, Frederick A. Muh lenberg, Anthony New, John Nicholas, Alexander D. Orr, John Patten, Elisha R. Potter, John Read, John Richards, Robert Rutherford, John S. Sher-man is now suffering in a most distressing conburne, Thompson J. Skinner, Richard Sprigg, jr., Thomas Sprigg, William Strudwick, John Swanwick, Joseph B. Varnum, Abraham Venable, and Richard Winn

The bill was again sent to the Senate, and was soon after returned with the amendment receded from.

General Lafayette.

Mr. HARPER moved that a resolution, which he laid on the table yesterday, respecting Major General Lafayette, should be taken up for consideration. The motion was seconded by Mr. W. SMITH. The resolution was in the following words:

ing its personality. He answered that the man Mr. HARTLEY spoke of Mr. PARKER's observsuffered much for this country, and therefore was entitled to regard. He acknowledged with Mr. Corr, that there was much delicacy in the business, and therefore hoped it would speedily be discussed; it ought not be postponed; the finement. If any of the soldiers of 1789 were here with whom he was in council, there would not be a dissenting voice to using every exertion. He hoped the House would never forget such brilliant services.

Mr. SWANWICK said, there need not be a dissenting voice, but we ought to be cautious how we multiply our negotiations, as this could not be done without entering into a negotiation with the Emperor of Germany in the regular way. It is not want of respect that should prevent us, but are we provided to go into all the consequences attending a new negotiation? There is a delicacy in it, of which we ought to be careful. There is not the least doubt but the PRESIDENT has as much desire for his release as any gentleman, but he, no doubt, deliberated, Mr. S. said he laand saw the danger of it.

"This House, strongly impressed with a just sense of the important and disinterested services rendered to their country during the late war by their fellow-mented our foreign negotiations in toto. There citizen, Major General Lafayette, and deeply regretwas no good derived from them, and he could ting the sufferings to which he is now subjected from not anticipate any from new ones. a long and rigorous imprisonment, and which have Mr. NICHOLAS said, he felt as much disposiequally excited their sympathy, and the ardent wish tion to take measures for his release as any man, of their constituents for his deliverance, do resolve but he thought the business undertaken too that the President of the United States be informed, hastily. Suppose you give instructions to the that this House will see with the highest satisfaction, PRESIDENT, and he does not think proper to act any measures which he may deem expedient to adopt on it, so far from being a compliment to Latowards effecting the restoration of their said fellow-fayette, it would hurt his mind, should he citizen to liberty."

The question was taken for the House to take it up, and lost-ayes 32, noes 52.

Mr. LIVINGSTON said he had some time been wishing to put forward something similar; he really hoped some negotiation would be carried on to effect his liberation. It would be honorable to this country to interpose in behalf of this man, who has a claim on American service. While suffering for us on his part, let gratitude, and every feeling that can affect the heart, be ours. Abandoned by his own country, and to increase his sufferings, precluded from almost every enjoyment of life, it would be honorable in us to interest ourselves in his behalf, appropriating some small sum which may enable the PRESIDENT to make some progress towards his releasement. Thus, while it is honorable to America, if it has no effect, it may afford some comfort to the unfortunate sufferer, to think he is not forgotten. He then proposed a resolution, not materially varying from that just offered by Mr. HARPER, hoping that the little variation would prevent it suffering a similar

fate.

hear it had been agitated.

Mr. CLAIBORNE saw no difficulty attending the resolution. He hoped the House would render this essential service to the unfortunate sufferer, if even in the last hour of the Congress.

Mr. CHRISTIE said, it was an improper time to take up the resolution, but as they had to sit there two or three hours longer and no business to do, this might as well occupy the attention of the House as not.

Mr. LIVINGSTON would be sorry to impose a burden upon the country, but he thought this a duty incumbent on them. He hoped gentlemen would openly come forward and avow their sentiments, and not shelter themselves under the previous question. Remember, he came here from the pompous ease of a foreign court; he voluntarily served the cause of America, and bled for her; he, in a great measure, procured the interest which formed the alliance with France in our defence; besides spending a princely fortune in our cause, he asked nothing, nor would accept any compensation for his services: and now he is abandoned