These resolutions, intemperately denounced from the day of their appearance, set forth some novel theories, in view of the manner in which the Treasury had been administered, but, read in the light of the present regulations in the matter of appropriations, they are scarcely remarkable and not in the least vicious. They set forth that ‘laws making specific appropriations of money should be strictly observed by the administrator of the finances’; that a violation of this rule was tantamount to a violation of the Constitution; and charged that Hamilton had violated the law passed August 4, 1790, making appropriations of certain moneys authorized to be borrowed in the following particulars, viz.:
First, by applying a certain amount of the principal borrowed to the payment of interest falling due upon that principal, which was not authorized by that or any other law.
Secondly, by drawing part of the same moneys into the United States without the instruction of the President.
They charged him with deviating from the President’s instructions, with neglecting an ‘essential duty’ in failing to give Congress official information of his proceedings in the transactions of the foreign loans. More to the point, politically, was the charge that he ‘did not consult the public interest in negotiating a loan with the Bank of the United States, and drawing therefrom $400,000 at five per cent per annum, when a greater sum of public money was deposited in various banks at the respective periods of making the respective drafts.’ In conclusion, it was provided that a copy of the resolutions should be transmitted to Washington.
The main thing proved by the investigation was something that required no proof—that Hamilton had been managing the finances in the spirit of an autocrat, a little contemptuous of the rights of Congress, a little indifferent to the specific terms of the appropriations. These he had not hesitated to juggle to suit his own purposes. In so doing he had been guilty of technical violations of the law, but he had committed no crime. His hands were clean. Yet money intended for France had not been paid, and money not intended for the Bank had gone into its vaults. This was enough. Suspicion did the rest.
The most censurable feature of the attack was the introduction of the resolutions on the eve of adjournment. Jefferson, Madison, and Giles had no idea that they would or could be disposed of before Congress should automatically expire. Copies had gone to the papers of the four corners to be read by the people, and it is probable that it was the intent that they should have the summer and autumn to make their impression on the public mind. It was manifestly an unfair advantage. But the Hamiltonians had no thought of permitting any such delay. They were in a majority in the House. In the Pemberton house, by candlelight, the Treasury clan was summoned to a council of war, and they went forth to force the fighting to a speedy finish.
The reports had settled nothing with Hamilton’s enemies. ‘When Catullus[730] invited America to look through the windows of his breast and judge of the purity of his political motives, he did not invite in vain,’ exulted ‘Decius’ in the ‘National Gazette.’[731] Willing to meet his accusers? sneered ‘Franklin.’ ‘Pardon me, sir, if I am one of those unbelievers, who, placing no confidence in any of your professions, do verily think that you neither wish, desire nor dare to meet full and fair inquiry. Have you asked it, sir?’[732] These jeers and exultant cries were intolerable. The vindication of the House must come speedily.
On the last day of February there was a preliminary skirmish, and on March 1st, the contending armies were marshaled for a decisive struggle. Sedgwick and the faithful Smith of South Carolina led off for Hamilton, and Giles followed for the Resolutions. Fitzsimons of Philadelphia and Laurance of New York City, both representatives of the commercial interests, attacked, and Mercer of Maryland replied. Boudinot defended Hamilton, and Madison rose to make the premier argument in condemnation of the policies of the Treasury; and Ames, the most brilliant of the Hamiltonian orators, who had been held in reserve for Madison, replied. Thus the day wore on, darkness fell, and the candles had long been lighted before the House adjourned for dinner. Seven o’clock found the galleries packed, Senators upon the floor, favored spectators in the rear of the Chamber packed in close. The leading drawing-rooms were dark that night, for their mistresses looked down upon the drama of the black eyes and bloody noses. The struggle continued far into the night.
Here let us pause to catch the drift of the speeches. The supporters of Hamilton made the most of the failure to find any evidence of criminality. ‘They present nothing that involves self-interest or pecuniary considerations.... Instead of anything being detected that would disgrace Pandemonium, nothing ... which would sully the purest angel in Heaven.’ Thus spoke Smith. No longer ‘the foul stain of peculation,’ but ‘the milder coloring of an illegal exercise of discretion and a want of politeness in the Secretary of the Treasury,’ said Barnwell.[733] What if a critical examination had revealed a deviation from the letter of the law, exclaimed Laurance. Was that an excuse for sounding ‘the alarm from St. Croix to St. Mary’s?’ No corruption! cried Mercer, who had been forced to deny campaign charges he had made. ‘I still entertain the opinion that there is corruption.’ The House was in turmoil, and the Marylander was sharply called to order. On he plunged, recklessly fighting his way against calls to order.
No charge of corruption stained the lips of Madison, who moved on solid ground. There had been a technical violation of the law, and he proved it. There had been a disregard of the instructions of the President, and he showed it. He went thus far, no farther, and he hammered home the facts. ‘I will not deny,’ he said, ‘that there may be emergencies in the course of human affairs of so extraordinary and pressing a nature as to absolve the Executive from an inflexible conformity to the injunctions of the law. It is, nevertheless, as essential to remember ... that in all such cases the necessity should be palpable; that the Executive sanction should flow from the supreme source; and that the first opportunity should be seized for communicating to the Legislature the measures pursued, with the reasons of the necessity for them. This early communication is equally enforced by both prudence and duty. It is the best evidence of the motives for assuming the extraordinary power; it is a respect manifestly due to the Legislative authority.’ On this ground he stood, and there stood Giles.