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THE NORTH-G ARLIN A
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jXfiCJfi-PpBLisHED 'eveiVy TtJES0;&Y ii HODGE & BOYL Alt.
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pnm tht Palladium, i. "
REMARKS, .
Oi ilfr Wolctth tddrtf to tht Ptopk tf
the United Stites.
NO. V. ' ..
IN ftating the refult of thar ex
mination into the expen diture nv
. ;w tn the ntercourfe between the
United Stares arid foreign nations, ,
the. committee obferve, . tne.ac,
counts of Mr. Pickering re not yet I
finnliw ritYrA. He remains charged:
with a Jura of 3,l8i dollarr anaf2,M
cents, erroneouuy paia oy r'w"
of a veffel. fuDpbfed to
have been employed by the Conlul;
at- rripoh v and with- another dum 01
3,289 dollars and 5 tents, being the
balance of an advance made to karti
ifet Hbdg6rir Jor the purpbfe of bet
ing remitted to Mr, Humphreys at
Madrid, in part bt his falary which
-Mr. Humphreys did not receive
Both thefe fums. it is believed, may,
and will be recovered from the per-.
fons to whom they were relpectively
aJvanced." With refped ro thele
fufpended and dilputed items, con
cerning which, fuch a p-fitive opinion is
advanced by the committee, Mr.
Wolcott remarks, that " it appears
clearly, that the officers of the I rea
fury have formed no definitive opi
nion upon thefe claims," that " it is
certain, that they relate directly to
two of the molt abftrad, litigated and
artificial principles of law ; in any e
vent, they-involve no queftion of" re-"
putation." Why, there ore," he
continues, ' was it mentioned, that,
Col- Pickering " remains charged,'
with'thefe Turns ? Why was it fo em
bhatically, reprefented, that' he con
ducted erroneoufly ?" Fpecially, if
the opinion 'is confidered correft,
that both thefe fums" may and. will
1 1 : . . j 4 . i-i -.'i
cc recoverea iroui, mic jjci iuhs 10
whom they Were refpectively advanc-.
ed ?" The anfwer relults from the.
whole tenor of the report : Becaufe,
in no other way could they fix a
ftainxtpon a ereat and meritorious
public officer ; bnt of the chief pil
lars of the palt adminiftration. By
ho otheTlnsut
or tne comnuxtee ruini tne freat ue
fign, for which they were fdected,
to give to atrocious flanders,-the
countenance of the. national legifla
ture ; to afford , fuch fuel, as they
could colled to all the zcalousnW
malignant paflions, which they and
, their partizans, had, for years, been
inflaming. For fuch purpdles, in
difputed cafes, thefe pcfitiw opinions are
advanced ; concerning an abftract
and litigated point, the Cnttdu'fted of
Col. Pickering is declared
inacontroverly, nof et decided and
, in which the national inrcreft is at
flake, the weight of the opinion of a
committee of Congrds h thrown iri
to the fcale in oppofition to the l ights
of the United iStates, and contrary to
the opinion of the officer entruiled
with the decifion of the quellfon in
its behatfUur the piirpol'e of tttgma
tizing thatcepwith error and mi I-
' conduct, anTreprefenting himltill
anfwerable to the United States for
a confiderable arhount. SQch are
the abfurd and mifchievous confe
quentfes which" always relult when
the national interefts a e made fc
condai y, by the Ibirit of party, to the
mterefts of the prevailing Teft, and
winch the natiohaf authority in its
hands is converted into an inltru
jneirt tor gratifying perlonal rancour
and private ambition ; to which j can
70I trrmh. and juftice, then never fail
to be faenficed.
, The Committee proceed to re'nTark
Sn ! f ?ccou.nrs of Col. Pickering,
that the principal rp;, which ap
pears to have prevented an ultimate
lettlemcnt with him, ariies from the
' C1.rcumltance of his rot having appli.
edthe whole of the money drawn by
him from the Treafury to the
... t U E S D' A
ehjeSls for which it was appropriated
bylaw. For the extent and.refult
of this mifapplie'ttiotif the Committee
refer ta the . ftatefnent marked. (C)
accottipanying the ; communication
of the Secretary of trie Treafury" and
annexed to the printed report. - By
this it appears, that; Col. Pickering
drew- from the Treafury an aggre
gate of fevehty-eiglu thoufand five
hundred and eighty-eight doUars and
eleven cents' under appropriation
made . for defraying various Jflecific
expenfef more than he applied itothe
Various objecls. of ,thol apo&li
;i he Committee proceed, " the fam$
'4tatement.(Q will fhew, that the
whole. atJht.utn . vtt tttpeHiUd.b him on
thjefls of a public nature hsfar as the cony
mittee can afcetain the jaft) but this eX:
"fi'Sirin'rf Kipn"maftkfrn"rrt
apprdpriations, defigned for other'
objeds by law, the miatplicaiion of the
money has prevented the Comptrol
ler of the 1 rcafury from fettling his
accounts
la order riehtly to tlnderftarid the
"teinper with which this report wai
drawn up, and the cool and fettled
defign of mifleading the public which,
is iri every point of view its promi
nent feature,- it' is neceffary to com
pare the obfervartions of Mr. Gallatiri
upon Mr. Pickering's accounts;
i'hofe who would attairi a complete
knowledge of". the important diiFer
ences which exilf between their re
lpeftive reprefentations we mud re
commend, to refort to the publican
tion of JVIri Wolcott, as our limits'
allow us onfy to notice the moft ma
terial. . -lhe
accounts of Mr, Pickering,
fays Mr.' Gallatin in his letter annex
ed tct f hf rnrnrf- " hav hfin rrrAiT.
f d, and his general account has-been
"rthe auditor. . By this it apT
rifurK. 1 1 1 I r 11 it 11 iiir" t
pears, that with the exception of two
items, fufpended for want of vouch
ers, or dilputed by the parties, he has
accounted for afl the public monies
received by him, fo far as to fhov,
that the whole has been applied tt public pur-
pn" It is however evident from
the account itfeif, and from a fketch,
"is aepartment, inac aunougn he
drew monies from the Treafury un
der dijlihct approprhtians he did not (tit'
ficieutly tit tend to thefe in the application
of the uwney,, but has, in many in-
under one head to another head of
expenditures ; and has thetefore, in
fome cafes, fpent lefs find in others
more, than was authorized by law.
The ftafement C) fhews theexcefs,
which it appears, has been thus ex
pended, fo far as the fame can be af
certained. The greater part of the
Funis, thus expended for certain ob
jeds, is covered by appropriations
made principally after the expendi
ture had taken place, and in order
to enable the comptroller to pafs the
whole of the accounts, fome further
kppfopria'.iohs are flill neceflary."
By the flatement (C) referred to by
Mr. Gallatin, it appears, that the fum
" expended by Mr. Pickering be
yond the fums drawn by hinij under
the appropriation to which they ie
ter," is the above aggregate, Hated
by the Committee, of feventy-eight
thouiahd' five hundred and eighty
thres dollars and eleven cents." .
. Mr. Gallatin proceeds to renlarK i
" It is believed that the Secretary
of tbe Treafury may, with the con
fent of the Secretary of State, draw
warrants in favor of T. Pickering to" I
be paid-out of -the unexpended pa:
lances of appropriations, which will
Covcyhe whole of the above expen
ditures, the following fums excepted,
for whith new appropriations will be
wanted, viz. - ..,.,.
Prize, caufes, ,23 1 82
" "Spanifti Treaty,. i,028l6j
Grneral La Fayette, . 5,509 57
" Polls; 14,7(53 0?
Y,v OJcf obe r 19, 1802.
Upon .-the
above ftatenients Mr.
Wolcott makes
the following, re
mart :
4 .
r i.c. J 1 r
the rieport of the committee, and the
. w.iub any iuiuiu man 1 pcruie
letter vot Mr. Gallatin, and De
nounce, which prefents the moft in
telligible, as well as favorable.
jfehtationof the tranladions of Mr.
1 Pickering.
,Mr.,:Gallatm exprefsly admits
that Mr, Pickering's accounts have
WtVt rendered cinJ llated bv the Auditor.
aH&ihat", with the exception of two
Jtem, (fufpended for want 0 vouch
erSicfr difnUted bv the narripe h
,haaCounted for all the public mo-
nicji.received by turn, io far as to (hew
thattbe whole has been applied for
Jilh7th"e'Hce"pt1o btSfh Madf
fons accounts, of which I have nd
Knowledge, l ean aflert, that noSe-
(teir of Statt hni ever a counted in
$ni othp tr,aimer. Uhlefs in relation to
expetjditures fbiMbjccta witf rarth'g
Uhtd States, neither Mr. JcfFerfon,
MrA! Randolph, or Mr. Maifhall,
could,' at the time their , account?
Wer fettled, do, mote than 1 exhibit
voucljers. for monies paid b jJ them to
accountable , agents of. the public.
The ultimate account; which is to
exhibit the application of the, money
to the defiined object, m lift from the
neceffif j of the cafe, be exhibited hv
the Mir.ifters; Cbnfuls, agents and
Bankeribf the United States, info-
reigb coiintrtes ' i on this point; the
acc6unti bl Mr. Pirlr print ilinA rr
equai ground, With thole of either o
the Secretaries. ... . V ,
-la vain do we Teek in thi R';i
poitpf the. committee, lor the ini.
portant facts, that the accounts of
Mr',;Jf. ering have been flated.bj. tht
Audjsgf3 and that fubfequent appropri
attdrflTy liwtia v xrpmtwir wrffTti?
cipal part-vf iiexm of 78,583 Dol
lars and 1 1 cents, which they repre-
fcnt as a mifappiication of money,
j wnkh prevents the Comptrwllerfrom
-Upon rhe charge of mifapplicatu n
of public monies," which is the bui-
den s the repj
ferves :
The Committee have repeatedly
reprefented, that there has been a
" mifappiication'' of the - public
money, and that this ' rnif;ippiicstion'
has prevemed the fettlemciit
of the accounts. Without inquiring
whether it has intended that tl is
word, of doubtful import, fhould or
fhould notbe Underftood by the c in
uiunity in an odious fenfe or the
-propriety ofapplying it to this fubjed
in any fenfe it may be confidently ai
ferted, that the amount fo applied,
has been greatly exaggerated by the
Committee. The fum ftafed by the
Committee is.rfs, Sx dollars and 1 1
cents, and tho' it appears, from the
ftatemcnt annexed to Mr. Gallatin's
letter, that there exift mmtnat h'alatucs
to this' atnount, yet it alio appearsr
that without the adualreceipt orpay
ment of one dollar, by the mere form
oiiJfjAng warrants, and which' trans
adion the laws authorifed when the
report was made, thefe balances May
be reduced to 14,782 dollars and J2
cents. The fyfte'm "of fpecific 2ppr6J
priations requires, that until thefe.
warrants are iflued, the . accounts
fhould remain in their prefent fitua
tion ; no ad on the part of Mr. Pick
ering can be effedual,- it remans to be
performed by thepreent Adminilir-vion
whenever it may luit their convenience.-?"'
... . . "''"
. " The amount of the , mifappiica
tion," if fuch it mult be called, is thus
at orlce reduced infadto 14.262 dpk
lars arid 2 cents, being lefs than two
hundred &q !ars above the fum gain
ed to the public, by jCol. Pickering,
on the purchafe of Bills of Exchange
for the ufe of the Government, "as
appears by the rejport of the Com
mittee. "" .
Vol. VII. Nu
M H. i,
This lum is conipofed of ad
vances, for dcfiaying the ex
pencej.bf Prize Caufes in
England, and 1 emitted to the
Bankers of tbe United States
io London
Advam es for , expences of rui-
noig tbe Line bttweeit Flori
da and the United States, in
purfuHoee of the 1 reaty with
. Sxin ...... , , .
Advances to the family of Gen.
La Fayette, by Mr. Munroe,
and lii)pofedto have been
made in the year 1795
,020 63
5,509 57.
. -Total, Dolls 1 4.762 02
ConcerningthefefneclLve.. fums-.
which confhtute tbe above aggregate
Mr. Wolcott, having made fome re
marks to rpve the iPeroleicity, which-'
the hew fclence bf ipecific ( app
atiortmuft'TTecTflarily .bccafion in
conducting the tJepaft'ment of the
Staxe and the Trealury, proceeds :
t!.! J,8 faience ha'a, hirheirillvyr.-
in a Itateof progreilive improvement;
yet even uport principles,, conceded
in the report of the Committeie com
prifing the Iateft refinements, the
traniadlons of. Mr. Pickering, ap--"
pear to be fufceptible of a defence.
. he report, contains, the follow
ing claul'e-,-' Ahhb'ugh the Commit
tee will not fay, that there are noca
fes,in which a public officer would
be juitified Iri applying mehies. ao-
propriated to. orie opjed, to expen-
unures on another, yeC they are of ,
la the UmteiStatesj and in evert
,'uv,ti aic rt.uuciuiurcxucreor to wm
grefsj ought to be made, at the next
lemon, $ hich ihotild immediately
ihei-eaft pn(1'., '
tive Officers', in CQnlequence of fomc
urgent ncceflity, venture to adopt
nieaiures, not authorized bv law;
bue&r.frm'e hVinii KfiT' -
they cannot too foori apply to the le- j
giflativ'e body, for ads of indemnity.
Such 4 applications muft however,
in all cafes, be preceded by a 'confei-
ousnefs that legal boundaries have,-
in fad, been , extended. The
equit able principle of the committee, ..
When applied to Ipecific nppropria
iion, may hereafter prove a con
venient fnield for the prtfent admi
hi It ra t ion al tht ghn of-cqua 1 1 y ca f-
ctilated to protect the ineafures - of
the former adminiftrt'tion. , .
' It has, however; happened, (for
I wid not pretend it was thfe refult
ofdefien. founded on a eohlridiort
that the laws had been violatecf) that
eflimates were exhibited by Mr.
Pickering, and his immediate fuc - -ceffjT,Mr.Marfiiall,
& that fpecific
appropriations were made by Con
grefi, more than fufficient to c4ver
the advances, under the heads of
Prize aufet and the Spanifh Treaty
by Mr. Pickering. That warrants
cannot now be iflued,- tocover thefe
eypenditUrcs, in.the mariner which it .
is admitted may le done, in relped
to the other nominal balances before
'mentioned "is-iolely owing to the cir .
CUniltance thci the funds have been other- .
w'Jt ' applied by his t furct'ffbrs." O
Mr. Wolcott then proceeds to c- i4
numerate the various fpecific appro
priations which were made by Con
grefs, and ought to htve been applied
by Mr. Pickering's fucceffors to the '
two firft of the above objeds viz."
defraying the expenfes of prize-cauf-'
esin I ngland, and to the running
the-Jin.e between -Florida, and the
United Spates.
" lb prove an " obvious . benefit
to the United States, arifirig from the
advances made by Mr. Pickering,,
and to bring them therefore .within
the rule of the committee, itisonly
neceffdf y to obferve, that the records .
pfthe Department of State vill prove;
i hat in rclpcd to the expehfes ofprife
caufes, a debt was adually due, and,
. "'
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