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and that neither the accounts of the foreign ministers, bankers, or agents of the United States, nor the records of the department of state, contain any explanation in respect to a considerable sum of the said monies:

"Resolved, that the secretary of the treasury lay before the House of Representatives, information of the amount of the sums so received by the said Edmund Randolph, Esq. for which there is no explanation, as aforesaid, and what measures have been taken to obtain a settlement of the said accounts."

I have always thought that rogues hang together better than honest men.-Here is a call made by the representatives of the people, on a public functionary, to account for the expenditure of near 50,000 dollars of public money, for which there were no credits to be found in the books of the treasury; that is, 50,000 dollars were sunk in his hands, without a single document to shew how he had disposed of them. Before Mr. Randolph left Philadelphia, he had received orders from the President to settle this account, and he promised to do it; but having received so many applications of a similar kind from other quarters, and having his time occupied so much about that delicate business with Fauchet, he thought proper to break his promise and to retire re infecta. This was a just ground for an impeachment; and I will venture to assert that, had there been as great a default in any other officer of the Federal government, even in the President himself, the outlandish orator or some other of the democratic gang would have moved for an impeachment, and it is very probable he would have carried the motion.

No sooner was Mr. Williams's motion delivered, than up rose the Genevan, and raising his right hand to his mouth, like a juggler that extracts rib

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bonds from his throat, out he drew the following objection.

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Mr. Gallatin. "If the gentleman from New"York had attended to the statement on the subject, he would have seen that the secretary of the "treasury was not the person to be applied to""but the President should be requested, if he think "it adviseable, &c.;"" because"-" (mark the "reasoning of this quibbling Italian)" because the 66 money was drawn out of the treasury, by virtue "of an order from the President, as he was the only one authorized to draw money for the purposes of foreign intercourse".--So, because the President's authority was necessary to procure the money, the speculator who received and embezzled it was to escape.-The President acted agreeably to common usage and the duties of his high office in this business; he informed the secretary of the treasury of what he had done to bring the defaulter to account; the secretary laid the business before Congress; and Congress ought, according to this fellow's reasoning to have sent him back to the President; and so, instead of pointing their enquiry directly against the culprit, the business was to be turned out of a strait line into a never ending circle, and virtuous officers were to be harrassed about an affair in which they had done no more than their duty. If the money is never recovered from the defaulter, the United States must lose it; but it is quite proper that he should be stigmatized, and declared unworthy of all future trust. O lord! no, says the political sinner; -O "In this business we know only the President of the "United States, Mr. Randolph acted only as his agent; and he supposed the President would direct the secretary of the treasury to take the necessary measures against Randolph.”—You see, readers, how rogues hang together!-This is the

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man who came all the way from Geneva to instruct you in the arcana of financiering; and two of his most important secrets are to stop the wheels of government, and to raise obstructions in the way of justice; so that more may rebel, and embezzle public money, when they please with impunity.-Americans, how long will you suffer your councils and suffrages to be disgraced by suspicious foreigners, who come among you without a single recommendation but that of their impudence, and creep into office by some obscure inlet to insult, betray, and dishonour you?-In managing the violent and desultory measures of a revolutionary state, daring and unprincipled characters are sometimes employed, because in such a state business occurs for which they only are fit; but when a well organized government is established, and nothing is wanting to secure the general happiness, but to keep it in a constant and steady operation, to instruct them is the very height of impudence.

The following memorial is preserved, as a proof of the insolent tyranny of the courts of Pennsyl

vania.

To the CHIEF JUSTICE and JUDGES of the Court of Oyer and Terminer. The MEMORIAL and REMONSTRANCE of the Grand Jury for the City and County of Philadelphia :

RESPECTFULLY SHEWETH,

That the Grand Jury, having, in discharge of their duty, and on their solemn oaths and affirmations, deliberated and decided on two several indictments preferred against Eleazer Oswald, (each for a libel) and, under the sanction of such high obligations, having delivered their last return into

court,

court, (on Friday the 3d instant) cannot but remember, with peculiar sensibility and concern, that they incurred the severe displeasure of the bench, and received very reproachful language for their conduct.

After the most scrutinizing self-examination, they feel themselves assured of the purity and rectitude of their intentions; and DO therefore, in defence of their violated rights, and in their own justification, request the permission of the court, to clear themselves from the charges alledged against them, and to establish the propriety and uprightness of their conduct.

That if any thing should fall from them, which, by a forced construction, might appear disrespectful to the court-they flatter themselves,-that their unshaken zeal for the liberties of their country,their fidelity to their trust-and the relative situation they stand in with their fellow citizens of the state,which are the motives that alone actuaté them, will fully plead their apology.

That they have been accused of having examined witnesses, on the above-mentioned indictments, not previously approved of by the court, -Your Memoralists have been taught to believe, that an examination of all witnesses (labouring under no legal disqualification) is founded upon law, reason, and practice;-is a right inherent in a Grand Jury; and in free governments, should be secured, by every restraint of the most vigorous construction;-consequently, that the attempt to deprive Grand Jurors of this invaluable privilege, is an obstruction to the citizen's claim of rights in the present instance, and if acquiesced in, might be drawn out into precedent, so as to prove a most certain defeat of them in future, to the great detriment and degradation of the members of this free Commonwealth.

They

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They conceive, that the doctrine of the court, of having a right to control the evidence they should examine, on indictments brought before them, is not only departing from the solid principles of law and liberty, and trusting to the discretionary power of judges-but would if introduced into practice, be subversive of the oaths of the jurors, who are bound thereby, diligently to enquire into, and present-the whole Truth; which doubtless cannot be ascertained and established, with satisfactory precision; but from the result of testimony on both sides. It would, likewise, give to judges the opportunity of suppressing from improper motives, such evidence, as might tend to exculpate the party accused;—It is destructive too, of the humane intention of the law, which benevolently designs, that no person shall be convicted, but on the solemn decision of twenty-four persons delivered into court.

Your memorialists are of opinion that the suggestion of the chief justice, "that the grand in"quest of the city and county, were biassed and "lead away by the spirit of party views, and that

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they had been tampered with by the authors of "the obnoxious publication,"-involved in it a criminal charge, of a heinous and offensive nature, that exposed their moral characters to doubt and discussion was highly insulting to their feelings

and was an unmerited attack upon their integrity of conduct.

That, it is possible, imputations falling from such high authority, may make impressions, that will remain long, affect deeply, and that until they are cleared from such weighty accusations, they are fearful of being virtually incapacitated from serving their country in the same characters-candour and impartiality, are the essential qualifications of a grand juryman,-under a deprivation of which,

the

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