The Documentary History of the First Federal Congress of the United States of America, 1789-1791

Treasury Act [HR-9] [Legislative History]


Treasury Act [HR-9]

AN ACT TO ESTABLISH THE TREASURY DEPARTMENT

[1] BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA, IN CONGRESS ASSEMBLED, that there shall be a department of Treasury, in which shall be the following officers, namely; a Secretary of the Treasury to be deemed head of the department, a Comptroller, an Auditor, a Treasurer, a Register, and an Assistant to the Secretary of the Treasury; which assistant shall be appointed by the said Secretary.
[2] AND BE IT FURTHER ENACTED, that it shall be the duty of the Secretary of the Treasury to digest and prepare plans for the improvement and management of the revenue, and for the support of public credit; to prepare and report estimates of the public revenue, and the public expenditures; to superintend the collection of the revenue; to decide on the forms of keeping and stating accounts and making returns, and to grant, under the limitations herein established, or to be hereafter provided, all Warrants for monies to be issued from the Treasury, in pursuance of appropriations by law; to execute such services relative to the sale of the lands belonging to the United States, as may be by law required of him; to make report and give information to either branch of the Legislature, in person or in writing, (as he may be required) respecting all matters refered to him by the Senate or House of Representatives, or which shall appertain to his office; and generally to perform all such services, relative to the finances, as he shall be directed to perform.
[3] AND BE IT FURTHER ENACTED, that it shall be the duty of the Comptroller to superintend the adjustment and preservation of the public accounts; to examine all accounts settled by the Auditor, and certify the ballances arising thereon to the Register; to countersign all warrants drawn by the Secretary of the Treasury, which shall be warranted by law; to report to the Secretary the official forms of all papers to be issued in the different offices for collecting the public revenue, and the manner and form of keeping and stating the accounts of the several persons employed therein; he shall moreover provide for the regular and punctual payment of all monies which may be collected, and shall direct prosecutions for all delinquencies of officers of the revenue, and for debts that are or shall be due to the United States.
[4] AND BE IT FURTHER ENACTED, that it shall be the duty of the Treasurer, to receive and keep the monies of the United States, and to disburse the same upon Warrants drawn by the Secretary of the Treasury, countersigned by the Comptroller, recorded by the Register, and not otherwise; he shall take receipts for all monies paid by him, and all receipts for monies received by him shall be endorsed upon Warrants, signed by the Secretary of the Treasury, without which warrant so signed, no acknowledgment for money received into the public Treasury shall be valid: and the said Treasurer shall render his accounts to the Comptroller, quarterly, (or oftener if required) and shall transmit a copy thereof, when settled, to the Secretary of the Treasury, he shall moreover on the third day of every Session of Congress, lay before the Senate and House of Representatives fair and accurate copies of all accounts, by him from time rendered to, and settled with the Comptroller as aforesaid, as also a true and perfect account of the State of the Treasury; he shall at all times, submit to the Secretary of the Treasury and the Comptroller, or either of them, the inspection of the monies in his hands, and shall, prior to the entering upon the duties of his office, give bond with sufficient sureties, to be approved by the Secretary of the Treasury and Comptroller, in the sum of One hundred and fifty thousand dollars, payable to the United States, with condition for the faithful performance of the duties of his office, and for the fidelity of the persons to be by him employed, which bond shall be lodged in the office of the Comptroller of the Treasury of the United States.
[5] AND BE IT FURTHER ENACTED, that it shall be the duty of the Auditor, to receive all public accounts, and after examination to certify the ballance, and transmit the accounts, with the vouchers and certificate to the Comptroller for his decision thereon: PROVIDED, that if any person whose account shall be so audited, be dissatisfied therewith, he may within six months, appeal to the Comptroller against such settlement.
[6] AND BE IT FURTHER ENACTED, that it shall be the duty of the Register, to keep all accounts of the receipts and expenditures of the public money, and of all debts due to or from the United States; to receive from the Comptroller, the accounts which shall have been finally adjusted, and to preserve such accounts with their vouchers and certificates; to record all warrants for the receipt or payment of monies at the Treasury, certify the same thereon, and to transmit to the Secretary of the Treasury copies of the certificates of ballances of Accounts adjusted as is herein directed.
[7] AND BE IT FURTHER ENACTED, that whenever the Secretary shall be removed from office by the President of the United States, or in any other case of vacancy in the office of Secretary, the Assistant shall during the vacancy, have the charge and custody of the records, books, and papers appertaining to the said office.
[8] AND BE IT FURTHER ENACTED, that no person appointed to any office instituted by this Act, shall directly or indirectly be concerned or interested in carrying on the business of Trade or Commerce, or be owner in whole or in part of any Sea Vessel, or purchase by himself, or another in trust for him, any public lands or other public property, or be concerned in the purchase, or disposal, of any public securities of any State, or of the United States, or take or apply to his own use, any emolument or gain for negotiating or transacting any business in the said department other than what shall be allowed by law, and if any person shall offend against any of the prohibitions of this Act, he shall be deemed guilty of a high misdemeanor, and forfeit to the United States the penalty of three thousand dollars, and shall upon conviction be removed from Office, and for ever thereafter incapable of holding any office under the United States: Provided that if any other person than a public prosecutor shall give information of any such offence, upon which a prosecution and conviction shall be had, one half the aforesaid penalty of three thousand dollars, when recovered, shall be for the use of the person giving such information.
FREDERICK AUGUSTUS MUHLENBERG
Speaker of the House of Representatives
JOHN ADAMS
Vice-President of the United States, and
President of the Senate
Approved September the Second 1789
GO. WASHINGTON
President of the United States
I certify that this Act did originate in the House of Representatives.
JOHN BECKLEY — — Clerk
Signed enrolled acts, RG11, National Archives.

Calendar

June 4, 1789

House: Baldwin, from the committee appointed May 21 (Baldwin, Vining, Livermore, Madison, Benson, Burke, Fitzsimons, Boudinot, Wadsworth, Gerry, and Cadwalader),[1] presented a bill to establish an executive department, to be denominated the treasury department, which was read.
Senate:

June 5, 1789

House: Read; committed to COWH.
Senate:

June 9, 1789

House: Postponed as order of the day.
Senate:

June 10, 1789

House: On a motion by Smith (S.C.), postponed until June 16.[2]
Senate:

June 16-24, 1789

House: Postponed as order of the day.
Senate:

June 25, 1789

House: Debated and amended [3] in COWH.
Senate:

June 26-27, 1789

House: Postponed as order of the day.
Senate:

June 29, 1789

House: Debated and amended[4] in COWH.
Senate:

June 30, 1789

House: Debated and amended in COWH; amendments agreed to by House.
Senate:

July 1, 1789

House: Debated and amended; motion by Gerry to recommit disagreed to.[5]
Senate:

July 2, 1789

House: Read; blanks filled; agreed to as An act to establish the treasury department.
Senate: Received.

July 6, 1789

House:
Senate: Read; second reading scheduled.[6]

July 13-20, 1789

House:
Senate: Postponed.

July 21, 1789

House:
Senate: Read and postponed to July 22.

July 22-28, 1789

House:
Senate: Postponed.

July 29-30, 1789

House:
Senate: Debated

July 31, 1789

House:
Senate: Read; amendments disagreed to; bill agreed to with amendments.

Aug. 3-5, 1789

House: Senate amendments considered; all agreed to except one.
Senate:

Aug. 5, 1789

House:
Senate: Amendment insisted on.

Aug. 10, 1789

House: Conference committee appointed (Madison, Boudinot, and Fitzsimons) on a motion by Vining.[7]
Senate: Conference committee appointed (Johnson, Lee, and Strong).

Aug. 14, 1789

House:
Senate: Johnson reported inability of conference committee to reach agreement.

Aug. 22, 1789

House: Madison reported inability of conference committee to reach agreement.[8]
Senate:

Aug. 24, 1789

House: Conference committee report considered; on motion by Vining,[9] House adhered to disagreement.
Senate:

Aug. 25, 1789

House:
Senate: Receded from amendment disagreed to by House, by a recorded vote of 10-10[10], with the vice president casting the deciding vote.

Aug. 27, 1789

House: Signed by speaker.
Senate:

Aug. 28, 1789

House:
Senate: Signed by vice president.

Sept. 2, 1789

House: Signed by president.
Senate:

Treasury Bill [HR-9]

A BILL to establish an EXECUTIVE DEPARTMENT, to be denominated the TREASURY DEPARTMENT

[1] BE IT ENACTED BY THE CONGRESS OF THE UNITED STATES,[11] That there shall be a department of Treasury, in which shall be the following officers, who shall reside at the seat of the Government of the United States,[12] and be removable at the pleasure of the President;[13] namely— Secretary of the Treasury,[14] a Comptroller, an Auditor, a Treasurer, a Register, and an Assistant to the Secretary of the Treasury.
[2] AND BE IT FURTHER ENACTED, That it shall be the duty of the Secretary of the Treasury, to digest and report[15] plans for the improvement and management of the revenue, and for the support of public credit[16]— To prepare and report estimates of the public revenue, and the public expenditures— To superintend the collection of the revenue— To decide on the forms of keeping and stating accounts, and making returns, and to grant, under the limitations herein established, or to be hereafter provided, all warrants for monies to be issued from the treasury, in pursuance of appropriations by law— To conduct the sale of the lands belonging to the United States, in such manner as shall be by law directed[17]— To make report, and give information to either branch of the legislature, in person or in writing, (as he may be required)[18] respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office, and generally to do and perform all such services, relative to the finances, as he shall be impowered or directed to do and perform.
[3] AND BE IT FURTHER ENACTED, That it shall be the duty of the Comptroller to superintend the adjustment and preservation of the public accounts— To examine all accounts settled by the Auditor, and certify the balances arising thereon, to the Register— To countersign all warrants drawn by the Secretary of the Treasury, which shall be warranted by law— To report to the Secretary the official forms of all papers to be issued in the different offices for collecting the public revenue, and of the manner and form of keeping and stating the accounts of the several persons employed therein: He shall moreover provide, that all monies when collected shall be paid into the public Treasury;[19] and shall direct prosecutions when necessary, for all delinquencies of officers of the revenue, and for debts due to the United States.[20]
[4] AND BE IT FURTHER ENACTED, That it shall be the duty of the Treasurer, to receive and keep the monies of the United States, and to disburse the same upon warrants, drawn by the Secretary of the Treasury, countersigned by the Comptroller, recorded by the Register, and not otherwise. He shall take receipts for all monies paid by him, and all receipts for monies received by him shall be indorsed upon warrants, signed by the Secretary of the Treasury, without which warrant so signed, no acknowledgment for money received into the public Treasury, shall be valid: And the said Treasurer shall render his accounts to the Comptroller, quarterly, (or oftner if required) and shall transmit a copy thereof, when settled, to the Secretary of the Treasury.[21] He shall at all times, submit to the Secretary of the Treasury and the Comptroller, or either of them, the inspection of the monies in his hands, and shall, prior to the entering upon the duties of his office, give bond, with sufficient sureties, to be approved by the Secretary of the Treasury and Comptroller, in the sum of[22] with condition for the faithful performance of the duties of his office, and for the fidelity of the persons to be by him employed.[23]
[5] AND BE IT FURTHER ENACTED, That it shall be the duty of the Auditor to receive all public accounts, and after examination to certify the balance, and transmit the accounts with the vouchers and certificate to the Comptroller for his decision thereon:
PROVIDED, That if any person whose account shall be so audited, be dissatisfied therewith, he may, within three months, appeal to the Comptroller against such settlement.
[6] AND BE IT FURTHER ENACTED, That it shall be the duty of the Register to keep all accounts of the receipts and expenditures of the public money, and of all debts due to or from the United States— To receive from the Comptroller the accounts which shall have been finally adjusted, and to preserve such accounts with their vouchers and certificates— To certify upon all warrants for the receipt or payment of monies at the Treasury, and to transmit to the Secretary of the Treasury copies of the certificates of balances of accounts adjusted as is herein directed.
[7] AND BE IT FURTHER ENACTED, That the Assistant to the Secretary of the Treasury shall be appointed by the President.
[8] AND BE IT FURTHER ENACTED, That the salaries of the respective officers shall be as follows:
To the Secretary of the Treasury,
To the Comptroller,
To the Treasurer,
To the Auditor,
To the Register,
To the Assistant of the Secretary of the Treasury,
To the principal Clerk in the Office of the Comptroller,
To the principal Clerk in the Office of the Auditor,
To each of the other Clerks.[24]
Printed Bill, Wingate Collection, Dartmouth College Library, Hanover, N.H.

Treasury Bill [HR-9]

AN ACT to establish the TREASURY DEPARTMENT

[1] BE IT ENACTED by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be a department of Treasury, in which shall be the following Officers, namely, a Secretary of the Treasury,[25] to be deemed head of the department, a Comptroller, an Auditor, a Treasurer, a Register, and an Assistant to the Secretary of the Treasury.[26]
[2] AND BE IT FURTHER ENACTED, That it shall be the duty of the Secretary of the Treasury, to digest and prepare plans for the improvement and management of the revenue, and for the support of public credit— To prepare and report estimates of the public revenue, and the public expenditures— To superintend the collection of the revenue— To decide on the forms of keeping and stating accounts, and making returns, and to grant, under the limitations herein established, or to be hereafter provided, all warrants for monies to be issued from the Treasury, in pursuance of appropriations by law; to execute such services relative to the sale of the lands belonging to theUnited States as may be by law required of him— To make report, and give information to either branch of the Legislature, in person or in writing (as he may be required) respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office, and generally to perform all such services, relative to the finances, as he shall be directed to perform.
[3] AND BE IT FURTHER ENACTED, That it shall be the duty of the Comptroller to superintend the adjustment and preservation of the public accounts— To examine all accounts settled by the Auditor, and certify the balances arising thereon, to the Register— To countersign all warrants drawn by the Secretary of the Treasury, which shall be warranted by law— To report to the Secretary the official forms of all papers to be issued in the different offices for collecting the public revenue, and of[27] the manner and form of keeping and stating the accounts of the several persons employed therein: He shall moreover provide for the regular and punctual payment of all monies which may be collected; and shall direct prosecutions, for all delinquencies of officers of the revenue, and for debts[28] due to the United States.
[4] AND BE IT FURTHER ENACTED, That it shall be the duty of the Treasurer, to receive and keep the monies of the United States, and to disburse the same upon warrants, drawn by the Secretary of the Treasury, countersigned by the Comptroller, recorded by the Register, and not otherwise. He shall take receipts for all monies paid by him, and all receipts for monies received by him shall be endorsed upon warrants, signed by the Secretary of the Treasury, without which warrant so signed, no acknowledgment for money received into the public Treasury, shall be valid: And the said Treasurer shall render his accounts to the Comptroller, quarterly (or oftner if required) and shall transmit a copy thereof, when settled, to the Secretary of the Treasury. He shall, moreover, on the third day of every session of Congress, lay before the[29] House of Representatives, fair and accurate copies of all accounts by him from time to time rendered to and settled with the Comptroller as aforesaid, as also a true and perfect account of the state of the Treasury; he shall, at all times, submit to the Secretary of the Treasury and the Comptroller, or either of them, the inspection of the monies in his hands; and shall, prior to the entering upon the duties of his office, give bond, with sufficient sureties, to be approved by the Secretary of the Treasury and Comptroller, in the sum of one hundred and fifty thousand dollars, payable to the United States, with condition for the faithful performance of the duties of his office, and for the fidelity of the persons to be by him employed, which bond shall be lodged in the office of the Comptroller of the Treasury of the United States.
[5] AND BE IT FURTHER ENACTED, That it shall be the duty of the Auditor to receive all public accounts, and after examination to certify the balance, and transmit the accounts with the vouchers and certificate to the Comptroller for his decision thereon:
PROVIDED, That if any person whose account shall be so audited, be dissatisfied therewith, he may, within three[30] months, appeal to the Comptroller against such settlement.
[6] AND BE IT FURTHER ENACTED, That it shall be the duty of the Register to keep all accounts of the receipts and expenditures of the public money, and of all debts due to or from the United States— To receive from the Comptroller the accounts which shall have been finally adjusted, and to preserve such accounts with their vouchers and certificatesTo certify upon[31] all warrants for the receipt or payment of monies at the Treasury,[32] and to transmit to the Secretary of the Treasury copies of the certificates of balances of accounts adjusted as is herein directed.
[7] AND BE IT FURTHER ENACTED, That the Assistant to the Secretary of the Treasury shall be appointed by the President, and whenever the Secretary shall be removed from office by the President of the United States, or in any other case of vacancy in the office of Secretary, the Assistant shall, during the vacancy, have the charge and custody of the records, books and papers appertaining to the said office.[33]
[8] AND BE IT FURTHER ENACTED, That no person shall be[34] appointed to any office instituted by this act, shall directly or indirectly be concerned or interested in carrying on the business of trade or commerce, or be owner in whole or in part of any sea vessel, or purchase by himself, or any other in trust for him, any public lands or other public property, or be concerned in the purchase or disposal of any public securities of any State, or of the United States, or take, or apply to his own use, any emolument or gain for negotiating or transacting any business in the said department, other than what shall be allowed by law; and if any person shall offend against any of the prohibitions of this act, he shall, on conviction, be deemed guilty of a high misdemeanor, shall forfeit the penalty of five thousand dollars, and be forever incapable of holding any office under the United States; and any other Officerherein mentioned, so offending, shall be removed from office, and pay a fine of two thousand dollars; the forfeitures under this act to go, one half to the United States, the other half to him who will sue for it.[35] 1789, July 2.

[NEW-YORK, PRINTED BY THOMAS GREENLEAF.]

House Bills, Senate Records, National Archives. Senate amendments are printed in the Senate Legislative Journal , p. 101, and were noted on the engrossed bill by Otis or filed with the bill. Unless otherwise noted, the House agreed to the Senate amendments on August 3.
    [1.] Debate on the question of establishing executive departments and the appointment of the committee to prepare a bill or bills to establish executive departments are calendared with the Foreign Affairs Act [HR-8].
    [2.] The [New York] Daily Advertiser, June 11.
    [4.] The [New York] Daily Advertiser, June 30.
    [5.] The [New York] Daily Advertiser, July 2.
    [6.] According to Thomas Greenleaf's account in the Records of the Secretary: Concerning printing, SR, DNA, 80 copies of this bill were printed on July 10.
    [7.] The New York Daily Gazette, Aug. 11.
    [8.] Gazette of the United States, Aug. 26; The Congressional Register, Aug. 22. The House of Representatives Journal for this date records no action on this bill.
    [10.]The Senate proceeded to consider the Resolve of the House of Representatives, of the 24th of August, "To adhere to part of their eighth Amendment," before recited — And
On motion,
That the Senate do recede therefrom, the yeas and nays being required by one-fifth of the Senators present,

Yea

Mr. Bassett
Mr. Carroll
Mr. Elmer
Mr. Henry
Mr. King
Mr. Morris
Mr. Read
Mr. Schuyler

Nay

Mr. Butler
Mr. Dalton
Mr. Few
Mr. Gunn
Mr. Johnson
Mr. Izard
Mr. Langdon
Mr. Lee
Mr. Wingate

Yeas 10
Nays 10
The Senate being equally divided, the Vice President determined the question in the affirmative — So it was
RESOLVED, That the Senate do recede from so much of the eighth Amendment as was disagreed to by the House of Representatives.(DHFFC1: 134-135.)
    [11.] On June 25, on a motion by Boudinot, the Committee of the Whole House struck out "CONGRESS OF THE UNITED STATES" and inserted "Senate and House of Representatives of the United States in Congress assembled." (The [New York] Daily Advertiser, June 26)
    [12.] On June 25, on a motion by Benson, the Committee of the Whole House struck out "who shall reside" through "United States." (Ibid.)
    [13.] On June 25, the Committee of the Whole House agreed to a motion by Page to strike out "and be removable" through "President." (Ibid.)
    [14.] On June 25, the Committee of the Whole House agreed to a motion by Benson to insert "to be the principal officer of the department" at this point. (Ibid.)
    [15.] On June 25, on a motion by Fitzsimons, the Committee of the Whole House agreed to strike out "report" and insert "prepare." (The [New York] Daily Advertiser, June 27)
    [16.] On June 25, the Committee of the Whole House disagreed to a motion by Page to strike out "to digest and report" through "public credit." (The [New York] Daily Advertiser, June 26, 27)
    [17.] On June 29, the Committee of the Whole House agreed to a motion by Vining to strike out "To conduct" through "law directed." Vining withdrew his motion to insert "to direct and devise means for bringing into the Treasury the money arising from the sale of the lands of the United States" in favor of a motion by Madison to insert "to execute such services respecting the sale of the lands of the United States as may by law be required of him," which was agreed to. (The [New York] Daily Advertiser , June 30)
    [18.] On June 29, the Committee of the Whole House disagreed to a motion by Benson to change "in person" through "required" to read "in writing or if required, verbally." (Ibid.)
    [19.] On June 29, the Committee of the Whole House agreed to a motion by Sedgwick to strike out "that all monies" through "public Treasury." Sedgwick's motion to insert "for the regular and punctual payment of all monies collected, and an account thereof entered on the books of the treasury" was altered to "for the regular and punctual payment of all money that shall be collected," and was agreed to. (Ibid.)
    [20.] On June 29, Madison made a motion, which he withdrew the next day, to insert "that the comptroller should hold office during years, unless sooner removed by the president" at this point. (The Congressional Register, June 29, 30) On July 1, the House disagreed to a motion by Madison to add a provision that "the under officers of the revenue, who should be prosecuted for neglecting to settle their accounts, should suffer both their own and the costs of prosecution." (The [New York] Daily Advertiser, July 2)
    [21.] On June 30, the Committee of the Whole House inserted "That the Treasurer should on the day of every session of Congress, lay before the House, copies of all accounts settled with the Comptroller, also the state of the Treasury" at this point. (Gazette of the United States, July 1) On July 2, the House agreed to fill the blank with "third." (Gazette of the United States, July 4)
    [22.] On July 2, the House agreed to fill this blank with one hundred and fifty thousand dollars." (The [New York] Daily Advertiser, July 3)
    [23.] On June 30, the Committee of the Whole House agreed to insert the following at this point: "Bonds, to be given by the several officers, are to be deposited in the Comptroller's office, and registered in the office of the supreme court of the United States." (Gazette of the United States, July 1)
    [24.] On June 30, in the Committee of the Whole House, Burke introduced and withdrew an additional clause providing "that none of the officers in this department, shall be concerned either directly, or indirectly, in trade or commerce, under loss of their places, and other heavy penalties." He had given notice of his intent to move the clause on the previous day. (Gazette of the United States, July 1) On July 1, in the House, Sherman moved that a clause be added to "prohibit any of the officers named in that bill from being either directly or indirectly concerned in trade or commerce." According to the The New York Daily Gazette, July 2, this motion was made by Burke. It was amended to extend the prohibition "to speculations in public securities of all kinds, or in public lands, & c.," and further amended by Fitzsimons to the effect that "these officers are not to exercise any other profession whatever, during the time they are in the said department." A motion by Gerry to commit the clause was disagreed to by a large majority. Sherman's motion was agreed to as amended. (Gazette of the United States, July 4) On July 2, the House set the penalty for the secretary at "five thousand dollars" and for the Comptroller, Register, and other officers at "two thousand dollars." (The [New York] Daily Advertiser, July 3)
    [25.] On July 31 the Senate disagreed to a motion to strike out " a Secretary of the Treasury" and insert "Three Superintendants of the Treasury."
    [26.] On July 31 the Senate disagreed to a motion to strike out from "and an Assistant" through "the Treasury." The Senate inserted "Which Assistant shall be appointed by the said Secretary" at this point.
    [27.] The Senate struck out "of."
    [28.] The Senate inserted "That are or shall be" at this point.
    [29.] The Senate inserted "Senate and" at this point.
    [30.] The Senate struck out "three" and inserted "six."
    [31.] The Senate struck out "certify upon" and inserted "Record."
    [32.] The Senate inserted "certify the same thereon" at this point. The House agreed to this amendment on August 4. (The [New York] Daily Advertiser, Aug. 5, The New York Daily Gazette, Aug. 5)
    [33.] The Senate struck out this section. On August 3 the House postponed consideration of this amendment, and on August 4, the House agreed to strike out "the Assistant to the Secretary of the Treasury shall be appointed by the President," but disagreed to the remainder of the Senate amendment, with 19 votes in favor of agreement. (The [New York] Daily Advertiser, Aug. 5, The New York Daily Gazette, Aug. 5) After a conference committee on the amendment could not agree, the Senate receded from the disputed part of it.
    [34.] The Senate struck out "that shall be." The House agreed to this amendment on August 5.
    [35.] The Senate struck out "on conviction, be deemed guilty" through "will sue for it," and inserted the following:
be deemed guilty of a high misdemeanor & forfeit to the United States the penalty of three thousand dollars, & shall, upon conviction, be removed from office & forever thereafter incapable of holding any office under the United States. Provided that if any other person than a publick prosecutor shall shall give information of any such offence, upon which a prosecution & convention [conviction] shall be had, one half the aforesd. penalty of 3,000 Dollars when recovered shall be for the use of the person giving such information. (House Bills, SR, DNA, hands of Ellsworth and Otis)
The House agreed to this amendment on August 5.