The Enquirer

CONGRESS.
IN SENATE.
MONDAY, January 6.
The President communicated the report of the Secretary of War on the expenditure of monies appropriated for the contingent expences of the military establishment for the year 1811, exhibited in pursuance of the 5th section of the act to amend the several acts for the establishment and regulation of the Treasury, War and Navy Departments, which report was read.
He also communicated the report of the Secretary of the Treasury, made in conformity with the 6th section of the act fixing the compensation of the public ministers and consuls residing on the Coast of Barbary, and for other purposes; which was also read.
Mr. Worthington presented a resolution of the Legislature of Ohio, requesting their Senators and Representatives in Congress to use their exertions to procure the passage of a law providing for running and designating the northern and western boundary lines of that state; also their resolution approving the vigilance and promptitude of their Representatives in Congress, in their seasonable application to the United States for a supply of arms for the use of the militia of Ohio; and if the object is not yet obtained, requesting them to continue their exertions to procure the same.
Tuesday, January 7.
Mr. Smith (Md.) from the committee to whom was referred so much of the message of the President as relates to the evasions and infractions of our commercial laws, reported a bill, in addition to the act supplementary to the act concerning the commercial intercourse between the United States and Great Britain and France and their dependencies and for other purposes.
The same committee also reported a bill supplementary to the act to regulate the collection of duties on imports and tonnage.
Both these bills were ordered to a second reading.
Received from the House of Representatives the bill to raise an additional military force, which they had passed with amendments, to which they desire the concurrence of the Senate.
The Senate resumed the consideration of the bill for the relief of John Burnham, which was passed.
A message was received from the President of the U. S. inclosing the report of the director of the mint.
January 8.
The bill in addition to the act supplementary to the act concerning the commercial intercourse between the United States and Great Britain and France and her dependencies.
The bill supplementary to the act regulating the collection of duties on imports and tonnage, was read the 2d time.
The bill directing the times on which lands sold at public sale, and that revert for failure in payment shall again be sold, was reported by Mr. Worthington without amendment.
The Senate proceeded to consider the amendments of the House of Representatives to the bill to raise an additional military force.
The amendments to the first section were disagreed to, 24 to 3—as also the 25th section, 25 to 1—it was then
Resolved, That the Senate agree to all the amendments to said bill, except the proviso in the first section and the three additional sections, to which they disagree.
HOUSE OF REPRESENTATIVES.
Tuesday, January 7.
Mr. Milnor presented the petition of the daughters of the late Joseph Donaldson, Consul at Algiers, praying to be exonerated from the payment of a balance said to be due to the U. S. from the estate of their late father.—Referred.
Mr. Bacon, from the committee of Ways and Means, reported a bill making appropriations for the expence of equipping and supporting the company of rangers for the year 1812.
Mr. Gholson, from the committee of Claims, reported a bill for the relief of the Commissioners west of Pearl River;—and
Mr. Newton, from the Committee of Commerce & Manufactures, to whom was referred the petition of sundry merchants on the subject, reported a bill authorising the importation of certain goods, wares and merchandize, under certain restrictions from Great Britain, her colonies or dependencies.
Mr. N. said, the Committee of Ways & Means, had for some time delayed making a report upon these petitions, waiting to see the course which Congress would take in relation to our differences with G. Britain.—Finding the U. States are about to take a manly attitude and to maintain their national rights with firmness and spirit, they conceive that all goods, wares and merchandize, that were purchased or contracted for by our merchants in the British dominions, anterior to the 2d of February last, ought to be permitted to be imported into the U. S. and therefore directed their chairman to report this bill.
The above bills were severally twice read and committed.
MUNITIONS OF WAR.
Mr. Seybert called for the order of the day on the bill authorising the purchase of ordnance and ordnance stores, camp equipage and other quarter-master's stores and small arms.
The House having agreed to take up this bill, it resolved itself into a committee of the whole, Mr. Breckenridge in the chair, upon it; when, the bill having been read through, and the question being upon filling the first blank, Mr. Seybert spoke as follows:
Mr. Chairman—The bill which I have called before the committee, is one of the first importance. A general report was heretofore made to the House, founded on statements and facts which were communicated to the committee by the Secretaries of the War and Navy Departments; every position therein assumed, can be maintained by incontrovertible facts. Much had been said about expence; in my opinion, when a nation has decided upon the great question of war, every minor question is thereby absorbed and obliterated. This question amalgamates every succeeding one—War should only be entered into where considerations of expence can have no influence on the decision. Such appears to be the present condition of this nation. We have determined in favor of resistance to the unwarrantable and unjust aggressions of Great-Britain on our sovereign rights—we cannot stop, we cannot draw back, unless she recedes and repeals her hostile edicts. When the war is commenced, it must be viewed as an appendage to the war for independence. You have already taken the previous question on the subject; you have voted a regular army of 25,000 men, in addition to your peace establishment—the cannot be kept idle; idleness is the bane of the honourable soldier. To make them efficient, you must supply them with arms. I have heard it said on this floor, that a part of your militia, the bulwark of the nation, is supplied with cornstalks instead of fine-locks. If this be a truth, O! for Heaven's sake, apply a speedy remedy, you have the means within your reach: at any rate make your regulars as efficient as possible. On this subject there can be no difference of sentiment in this House. It gives me peculiar pleasure, when I compare our present means with those which were deemed competent to commence the war for American independence. At that period, our fathers needed every thing, but a bold and intrepid spirit to lead them to freedom. They determined on the contest, and were triumphant. Can we hesitate? Surely not, sir, when we have all the necessary materials within our reach; nay, they are our national resources. Need I detail to you again, that we possess 530 operative forges, furnaces and bloomeries; 207 powder mills; that the iron which is annually manufactured is incalculable in amount; that your lead mines offer a superfluity of that article; that our resources for saltpetre in the western states are extensively known, and that the supplies may be made as abundant as the article is all-important. For sulphur, sir, in common with most other nations, we are now dependent on foreign supplies; still I do not despair: and shall it be hereafter necessary, from circumstances, to seek for additions to the quantity at present at our command, I anticipate the aid of science, of chemical science, to point out the mode to separate this article from its combinations, which abound in the U. States.
Sir, to some the amount which I shall require may seem enormous. It will be well applied; and to gentlemen who feel uneasiness on the subject, let them rest easy when they are told, that the greater part of the articles for which the expenditures are contemplated, are such as are imperishable from their nature; so that if Great-Britain shall proceed to do us justice, and I hope to God she will without forcing us to arms, these supplies will form a stock for the nation in cases of future emergency.
One word; sir, on the subject of arms. The present stock is sufficient for all our purposes—our public establishments, and such as are furnished by individuals, will enable us to gratify the most sanguine expectations on this subject.
Sir, I will read to you the estimates which have been furnished by the proper departments, and will then submit to the committee the several sums which are necessary to be voted by the bill.
Mr. S. having read the estimates to which he alluded, moved to fill the first blank with one million five hundred thousand dollars, and the second with four hundred thousand dollars, which motions were agreed to without a division. The two sections of the bill then read as follows:
'Be it enacted, &c. ' That the sum of one million five hundred thousand dollars be, and the same is hereby appropriated for the purchase, under the direction of the President of the U. States, of ordnance and ordnance stores, Camp equipage and other quarter-master's stores for the use of the army of the United States.
' That the sum of four hundred thousand dollars be, and the same is hereby appropriated for the purchase, under the direction of the President of the U. States, of saltpetre and sulphur, for making the same into powder, and for ordnance and small arms for the use of the navy of the United States.'
The committee rose, the House agreed to the amendments, and the bill was ordered to be read a third time to-morrow.
DISABLED SOLDIERS.
Mr. Dawson then called up the bill for the relief of infirm, superannuated and disabled officers and soldiers; which motion being agreed to, the House resolved itself into a committee of the whole upon it, Mr. Talmadge in the chair; when Mr. Dawson spoke as follows:
Mr. Chairman, the pressure of business relative to our foreign affairs, and my infirm state of health, have delayed an indulgence of my wishes in bringing forward this subject at an earlier period, and indeed I now find it impossible to do it that justice which it merits.
In presenting to you this bill, I have obeyed the unanimous vote of the committee to whom the subject was referred and the dictates of my own judgment, while I have gratified the best wishes of my own heart. It is a subject about which, in common I trust, with a majority of this House, I feel warmly interested—it is a subject which has often been brought to the view of this House, and the principle has always appeared to me to merit the sanction of this House. A much valued friend of mine, an honorable gentleman who now sits on the bench in a neighbouring state, and who himself was carried from the field covered with wounds and honor, often called the attention, of Congress to the sufferings of his fellow soldiers, now infirm, disabled and superannuated by wounds received in our revolutionary war. His voice was never raised in vain, though his efforts were never attended with success, owing to a diversity of opinion as to the details of the bill. The committee have endeavoured to avoid that evil, by extending the provisions of the bill to the case of every person who sustained injury in his person, while in the actual service of his country. This, sir, meets with my approbation, though I shall with pleasure accede to the views of other gentlemen as to amendments not fatal to the bill, my first object being to get this institution established. leaving it to time and to experience to point out and cure its defects.
Ever since I have had the honor of a seat in this House, I have voted in every claim which appeared to be founded in justice, and I have extended that principle with a liberal hand towards those who rendered us services, especially personal services, during the revolutionary war. Their number is now small indeed, and in my judgment, it ill becomes a great, and I trust a grateful nation, to suffer those who have fought her battles, to go down in poverty and sorrow to the grave. No, sir, we ought to afford food and raiment to the infirm and superannuated, and to pour balm into the disabled defenders of their country. Every principle of justice, gratitude and humanity call aloud for this. And there is one consideration arising from policy, which in my judgment, strongly urges its adoption. We shall probably soon be involved in a war. On yesterday we passed a bill for raising a large army. Pass this bill, and it will have a happy effect in filling your ranks—yes, when it is seen that our country is not ungrateful that she will make comfortable the declining years of those who have spent their better days in her service, it will be a strong inducement with many to step forward and enter into that service.
I am far, very far, from thinking this bill perfect. I am sensible that it has many defects, and I invite the friendly aid of all gentlemen, on every side of the committee, and particularly of the select committee, to point out and endeavor to cure these defects, and to establish a system which will do honor to this House and to this country.
Mr. Rhea moved to amend the bill, by a new section, 'providing a pension for every non-commissioned officer and soldier, who, by reason of having a family, or for other good cause, may not be able to join the corps of invalids, not exceeding half the pay of such non-commissioned officer or soldier.'
This amendment, after some debate, was negatived, and the bill was reported without amendment, and ordered to lie upon the table.
Mr. Dawson gave notice he would call it up on Thursday.
A message was received from the President of the United States, inclosing a report from the Director of the Mint for the last year, in which it is stated that the supply of silver bullion had never before been more abundant, than it had been for the greater part of the year. Ordered to be printed.
The House went into committee, Mr. Desha in the chair, on the bill to empower the Secretary of the Treasury to decide upon the case of the Eliza-Ann of New-York. Which being gone through, was reported to the House, and ordered to a third reading.
STATUTE OF LIMITATIONS.
On motion of Mr. Gholson, the House resolved itself into a committee, Mr. Nelson in the chair, on a report of the committee of Claims on the subject of excepting certain claims from the act of limitations. The report of the committee being read, which concluded with a resolve that it is expedient to open the act of limitations for the claims in question:
Mr. Gholson hoped the committee would not agree to this report. Information had been received from the treasury department, stating that in a distinct and unequivocal manner, that all this description of claims (which were all liquidated claims, such as indents of interest, certificates, &c.) might be allowed by the government without danger of fraud or imposition; and said Mr. G. if justice can be extended to this description of claimants, without danger, why should it be deferred? Only one solitary reason had been offered—that the persons really entitled to these claims upon government might not get the money. He hoped this would not be sufficient to prevent Congress from doing what was just on the occasion.
Mr. Clay (the Speaker) hoped the Committee would disagree to this resolution. It appears that the officers of the treasury are of opinion that provision may be made for this description of claims without that danger of fraud which might possibly arise from a total repeal of the statute of limitation; that their whole amount does not exceed 100,000 dollars, and the probability is, that one-fifth will never be applied for, should they be authorised to be paid. What, said Mr. C. is this statute of limitations, which, whenever mentioned in this House, seems to be the direction of its accounting officers in order to exclude unjust claims. What are statutes of limitation as applicable to individual cases? A rule under which individuals claim protection whenever they choose to do so, and when, from the lapse of time; or loss of evidence. they would be injured were they not to take this advantage. But in these statutes of limitation, there are always exceptions in favor of cases of disability. infancy, coverture, insanity, absence beyond sea, &c. But what is the course which an individual would take who found himself protected by a statute of limitation? He would examine the justice of the claim brought against him, if the claim were just, if he had been deprived of no evidence by the delay, if as able to pay it as if it had been presented at an earlier day, he will not hesitate to discharge the claim, and scorn to take advantage of the statute.—And, said Mr. C. shall the government be less willing to discharge its just debts than an honest individual? Shall we turn a deaf ear to the claim of individuals upon government; because of this statute? He trusted not. The committee of claims ought to examine the merit of every claim which comes before it, and if it be just, decide in its favor. But, what, said Mr. C. has been the history of claims, for four or five years past? When a solitary claim was presented, the House would say, we cannot legislate upon individual cases. They occupy too much of our time. The claim is put aside. The same individual, some time after, appears in company with others. We then say there are too many of these claims—their amount is too large, and the treasury too poor—that there are a great many other claims equally well founded—that justice cannot be done to them all. Sometimes there is a division between the two Houses.—This House passes a bill in favor of some particular claim—the other tells you, they will not legislate for particular cases; that if they act, they wish to take up the subject generally. Mr. C. said, it was his wish, both in his public and private character, as far as possible, to do justice; he therefore hoped the course proposed by the Chairman of the committee of Claims would be agreed to.
The resolution recommended by the report was negatived, 54 to 31; and a resolution offered by Mr. Gold, recommending a provision by law for these claims, after some objections from Mr. Alston, was agreed to, 49 to 36.
The committee then took up, on motion of Mr. Gholson; a resolution which had been referred to them, directing an enquiry into the merits of all claims referred to the committee of Claims, notwithstanding such claims may be barred by the statute of limitation.
After some observations in favor of this resolution by Mr. Gholson and Mr. Milnor, and against it by Mr. Bacon, the committee rose without taking a question upon it, and obtained leave to sit again. Adjourned,
Wednesday, Jan. 8.
Mr. Lewis presented a certain resolution of the levy court of Washington county, proposing some modifications in the law so as to enable the court to levy a tax upon the whole of the county, and so as to alter the mode of election of the levy court, so as that the members may be drawn from every part of the county. Referred.
The Speaker laid before the House a petition of the Ursuline Nuns at New Orleans, praying that the hospital which adjoins their convent, and is in a decayed state, may be removed, and that they may be permitted to build a house thereon for the education of females.—Referred.
Mr. Mitchill presented the petition of certain inhabitants of Mississippi territory, stating that boatmen who navigate the Ohio, are frequently taken sick at the Natchez; & that the inhabitants of that place and the western country have made considerable exertions amongst themselves to establish an hospital for their reception. This petition prays for some portion of lands to enable them to effect their work, which he moved to be referred to the Committee on Public Lands.
Mr. Poindexter hoped the gentleman from New York would suffer this petition to lie upon the table until to-morrow. He presented a petition of a similar kind at two different sessions, which not only asked for lands, but proposed a tax on these boatmen for effecting this purpose, and which had been referred to the Committee of Commerce and Manufactures, but upon which, though he had frequently pressed the committee on the subject, no report had ever been made. If this petition lay till to-morrow, he would procure the petition which he had mentioned, and have it referred at the same time.—Ordered to lie on the table.
The Speaker laid before the House, an address and resolutions of the legislature of the state of Ohio, approbatory of the measures of the general government, which were ordered to lie on the table.
The Speaker also presented a statement from the Secretary of the Navy, in conformity to the act requiring the same, respecting the compensation of clerks.
And another of the contracts made by the Secretary of the Navy during the past year; which were ordered to be printed.
Mr. M'Lane, from the committee to whom was referred the message of the President of the U. S. transmitting two letters from governor Harrison respecting the affair on the Wabash, made a report, recommending sundry resolutions making provision for the sufferers in that engagement, as well as for the widows and orphans of those who were killed. The report was committed.
The following bills were read a third time and passed, viz. an act to enable the Secretary of the Treasury to decide upon the case of the Eliza Ann belonging to Ezekiel Hubbell; and an act authorising the purchase of ordnance, ordnance stores, camp equipage, and other quarter-master's stores and small arms.
VOLUNTEER CORPS
On motion of Mr. Smilie, the House took up the order of the day, and went into a committee on the bill to authorise the President of the U. States to accept of certain volunteer Corps, Mr. Bassett in the chair.
The bill being read, an amendment was proposed to prevent the land which is provided for the heirs and representatives of any volunteer who shall fall in the service from being sold to speculators; but, after various attempts at amending the amendment, and considerable discussion, it was discovered that no volunteer could dispose of this land, as he never would have any right in it, as it vested in his heirs in case he died in the service only. The amendments were of course disagreed to.
A motion was afterwards made to allow every volunteer, who had served twelve months on leaving the service, eighty acres of land; but this was disagreed to, on the ground that the men, who entered into this service, would enter from patriotic motives, and ought not to be put upon a level with the regular soldiers.
The committee rose, without going through the bill, and obtained leave to sit again.
A message was received from the Senate informing the House that the Senate had agreed to all their amendments to the bill to raise an additional military force, except the proviso in the first section, & the three additional sections, to which they disagree.
The proviso disagreed to, is in the following words:
"Provided, however, That commissioned officers for six only of the said regiments shall be appointed, until three-fourths of the privates requisite to complete such six regiments have been enlisted, when the commissioned officers for the remaining seven regiments shall be appointed."
The following are the three sections disagreed to:
"That the officers, who may be appointed in virtue of this act, shall respectively continue in commission during such terms only as the President shall judge requisite for the public service; and that it shall be lawful for the President to discharge the whole or any part of the troops which may be raised under the authority of this act, whenever he shall judge the measure consistent with the public welfare."
"That no general, field or staff officer, who may be appointed by virtue of this act, shall be entitled to receive any pay or emoluments until he shall be called into actual service, nor for any longer time than he shall continue therein."
"That in the recess of the Senate, the President of the United States is hereby authorised, to appoint all or any of the officers, other than the general officers proper to be appointed under this act, which appointment shall be submitted to the Senate at their next session, for their advice and consent."
Adjourned.
Thursday, Jan. 9.
The petition which the Speaker laid before the House yesterday from the Ursuline Nuns at New-Orleans, was inclosed to him and recommended by Governor Claiborne.--It prayed for an exchange of the military hospital for some lots which they hold in that city better calculated for a hospital. After the petition was read.
Mr. Dawson observed, that he had received a letter from Gov. Claiborne relative to that petition, & in confirmation of the facts therein stated. This community of Nuns is most respectable & useful members in society, the whole of their temporal cares being directed to the education of female youth.--They are that community which some years ago presented a most elegant address to the then President of the U. S., and received from him an equally elegant answer.
I am well assured that the lots which they wish to exchange are more valuable & better suited for the erection of a hospital than those on which the hospital now stands.
I therefore move, that the petition and the accompanying papers be referred to a select committee who will no doubt converse with the Secretary of War on the subject.
This was agreed to, and Mr. Dawson, Mr. Lowndes and Mr. Macon were appointed the committee.
Mr. Poindexter presented to the House the petition from the Mayor and other citizens of Natchez on the subject of erecting an hospital for the reception of sick boatmen employed in the Mississippi, to which he referred yesterday. This petition, with that presented yesterday by Mr. Mitchill, was referred.
The Speaker laid before the House a communication from the Secretary of the Treasury, inclosing a report of the Commissioners of the Eastern District of Orleans and Louisiana, of rejected claims. Referred to the committee on Public Lands.
ADDITIONAL ARMY.
Mr. Porter called for the consideration of the bill for raising an additional military force; which motion being agreed to, the amendments disagreed to by the Senate (as stated in our paper of Thursday) were read; when
Mr. Porter moved, that the House recede from these amendments. He made this motion from no change of sentiment, but from a desire to prevent further delay. He had always been of opinion, that if we went to war, the first operations of the war would be carried on by the volunteer corps and the troops already in force; because the volunteers will not only be much soonest ready to take the field, but they will be already armed and disciplined; whereas the new troops would be drawn from different parts of the union and probably be entirely unacquainted with military discipline. It was under this impression, that the committee of Foreign Relations, when the bill from the Senate was referred to them, recommended an amendment reducing the 25,000 men (the number in the bill which came from the Senate) to 15,000. They supposed that this number, with those which had been authorised for filling up the present establishment, would be sufficient; and as large a number as would be at present raised. But when this amendment was proposed to the House, it was met with a gust of zeal and passion (the Speaker said those were improper terms to be applied to the House) Mr. P. meant not to reflect upon the House.--The zeal with which this proposition was met, evinced a laudable wish to raise a sufficient force to protect the rights and interests of our country. Nor did he feel inclined to oppose what appeared to be almost an unanimous wish of this House and of the Senate. He thought it of more importance to act promptly, than to dispute whether there should be 15,000 more or less men; and therefore gave into the will of the majority.
When the amendments for limiting the appointment of officers, now disagreed to by the Senate, were introduced, he voted for them, because they brought the bill nearer to his views; but as these amendments had been rejected by the Senate, he was willing to recede from them.
Mr. Smilie did not wish to occupy the time of the House by any observations. He was opposed to the motion for receding, and called for the Yeas and Nays upon it.
Mr. Johnson thought he had already carried the spirit of accommodation far enough, in voting for raising a greater number of men than he thought necessary at present. He would be one of the last men in the House to bring into question the rights of the Senate, or to excite feelings of warmth between the two houses; both had the same country to serve, and doubtless had the same objects in view. He regretted that the passage of this bill should be procrastinated: and if there were a majority in favor of receding from the amendments, his remarks should defer the question but for a few moments. He would advert to the course which this subject had taken, in order to justify those who are in favor of raising a smaller number of men than is contemplated by this bill. It was not only the opinion of the committee of Foreign Relations, but of every department of the government, that 10,000 regular troops, in addition to filling up the present military establishment, and the contemplated volunteer corps, would be sufficient for the first moments of the war. After the first blow was struck, it was believed there would be no difficulty in raising a regular force to any extent that might be wanted. Those, however, in favor of 10,000, out of a spirit of accommodation consented in raising of 15,000, and afterwards, with the restrictions in relation to the appointment of officers, to 25,000 men.
Mr. J. said, it would be impossible to get along with this business, if members did not act with an accommodation, spirit. Respect ought to be paid to the opinions of men who have had an experience of ten, fifteen or twenty years in the government. If in a cause like the present, no member would vote for raising any but the precise number he had in his own mind fixed upon, the House would be able to pass no bill upon the subject.
Whilst this House was engaged in discussing the resolution for raising an additional military force, a bill on the subject was received from the Senate. The House immediately laid aside their own proposition, and took up the bill. The Senate cannot but see that the House gave way to their wishes on the subject; but they ought to consider that this House stands upon the same ground with them, and that respect is due to their decisions.
He had no doubt that many were induced to vote for this bill, from the amendments to which the Senate have disagreed. When appropriations for this army are wanted, this House will have to originate a bill for the purpose; and we shall have to account to the people for the economical expenditure of the public money in the prosecution of this war. Before he would lose the bill, he would to be sure recede from these amendments; but he hoped the House would, in the first instance, adhere to their amendments, which would bring on a conference between the two Houses, that might either induce the senate to accept of the amendments, or to give such reasons for the rejecting them as might induce this House more willingly to recede from them.
Mr. Wright was in favor of receding from the amendments, rather than that the passage of the bill should be delayed. He believed, though the government would incur a greater expense, by the course proposed, the men would sooner be raised; as every officer who entered the service would find it his duty to promote the enlistment of the men; and as the object was of magnitude, we ought not to regard the expense.
Mr. Little wished to make a few observations on this question. The subject of difference between the two Houses was a mere matter of expense. If we recede from these amendments, all the officers for the thirteen regiments will have to be at once appointed. The advantages of this course ought to be compared with the expense, in order to see which will preponderate. In his opinion, the filling up of the ranks would depend very much on the character of the officers appointed. If we are immediately to go to war, he thought the advantages to be derived from an early appointment of the officers would be of more consequence than the expense. Much had been said about the opinion of the Executive as to the number of men necessary to be raised; he thought this branch of the government as well able to judge of the proper force to be raised as the Executive, being acquainted with the different parts of the country, and the most valuable parts of it. He was in favor of receding from the amendments.
Mr. Maxwell was in favor of raising an additional force; but could not agree to abandon these amendments. When this subject was first agitated, it appeared that the Executive was in favor of raising 10,000 men only. He was therefore in favor of the number reported by the committee on Foreign Relations; finding there was a great variety of opinion, however, he consented to vote for 15,000 men, by way of accommodation. The Senate outstripped this House in their movements in this business, and sent down a bill proposing to raise 25,000 men. He was opposed to this number, on account of its being so much larger than had been asked for by the Executive, and he believed this was the opinion of many others: However, when the proposition made by the Speaker of limiting the number of officers to be appointed, was agreed to, he voted for the bill as he conceived many others had done so, 'that the bill might pass by as large a majority as possible. What has been the conduct of the Senate on this occasion? Have they acted in any thing like a spirit of conciliation? They say pass the bill in the shape in which we send it to you, or not at all. He, for one, would not agree to pass it in this way. He had made as great a sacrifice of opinion as he was willing to do. There is a point beyond which, he trusted, this House could not be driven. He had no desire to see an army of officers, without soldiers to command, which would be the case, if these amendments were struck out of the bill.
Mr. Bibb said, if in the commencement of a war with England, we are to be regardless of expense, the war will terminate, either before its commencement, or soon after. Whether a disposition to produce such an effect had given rise to this difference between the two Houses, was not his province to determine; but in the very act of making war against England for aggressions, he was unwilling to submit to the usurpations of any other body. He found, by the constitution, that all money bills must originate with the House of Representatives; yet the Senate has passed a bill incurring an expense of eight, nine or ten millions of dollars which we have amended; but which they send back to us, saying "We will expend ten millions, or nothing." Was not this reversing the order of things? It certainly belongs to this House to provide the ways and means, and to judge of the ability of the nation to raise them. He hoped, therefore, the House would not recede.
Mr. Grundy said, If he had been opposed to the bill from the Senate, he should be in favor of receding from these amendments. Though it is the business of this House to originate money-bills, the gentleman from Georgia had carried his ideas on this subject too far. We, as the immediate representatives of the people, are supposed to be the best judges of what is proper in this respect; but it does not follow, that the other branch of the Legislature shall not originate any bill which may call for money from the Treasury. They have this right, and we have the right to act upon such bills when they come before us as we think proper.
Let us examine, said Mr. G. whether the Senate have not acted properly in rejecting these amendments, and whether true economy will not be consulted by agreeing to the present motion. We had determined that less than one-half the officers should be appointed at present, and afterwards, when a certain portion of the men shall be raised, the balance. If we shall be engaged in war, is it believed that twenty-five thousand men will be too many? Certainly not. Would it not, then, be consulting economy, and dispatch, to raise a sufficiency of men at once? For, if you send a force to Canada, you must leave a part of your men to guard your posts at home. The force ought to be fully sufficient; if it were not, defeat might be the consequence.
This bill, said Mr. G. came from the Senate; we have amended it, they disagree to our amendments, and ask us to recede. And if we do not, a verbal war is to be carried on between, the two Houses. Rather than this should take place, he would be for now yielding a little on the score of numbers, and insure the passage of the bill, which might otherwise be endangered. Besides, this disagreement between the two Houses would exhibit us in an unfavourable light, not only to our own constituents, but to foreign countries. G. Britain would be ready to say, "Republican America can never go to war. This Congress would rather hold verbal conflict among themselves, than engage in war with any nation whatever."
Mr. Smilie hoped the House would not recede from their amendments. The gentleman from Maryland (Mr. Wright) had said the object is great; and we ought not to talk about the expense. He knew as well as that gentleman, that war could not be carried on without expense. This is not the question. The question is, whether we will submit to an unnecessary expense? The gentleman from Tennessee (Mr. Grundy) has told us we ought to agree with the Senate, lest we hazard the loss of the bill. If this should be the case, on whom will the responsibility rest? Where it ought to rest. Have we not shown every disposition to accommodate the Senate, at the same time that we endeavored to guard against unnecessary expense? How will the bill stand, if the amendments be stricken out? It will be an excellent bill for officers, but not for men. There will be an army of officers without men! Would it injure the service if these amendments remain? He thought not. He had doubts whether the 12,000 men for six regiments would be raised in twelve months from this time-& all this time the nation would be saddled with the expense of the officers for all the thirteen regiments, If this were economy, he did not understand it.
It will be remembered, said Mr. S. that all power rests with the people. Their opinion supports those in power: and when that changes, they will choose those whose opinions correspond with their own.
Mr. S. said, when he looked forward to the day when we should have to call upon the people for taxes to support this expense, or at least to pay the interest of it--for he hoped it was not intended to borrow money to pay the interest as well as principal--he expected great murmuring. For we must have internal taxes; no one thought of any other source. All goes on very smoothly at present; but the trying time will be when the supplies come to be raised. He was willing to enter into this war; but he was unwilling to expend one shilling unnecessarily.
Mr. Troup was in favor of receding. because, in doing so, he believed the raising of the troops would be expedited; for if 200 officers could raise 10,000 men, in a given time, 400 officers could raise 20,000 in the same time. He could not help replying to a remark of the gentleman from Pennsylvania (Mr. Smilie;) that gentleman was all for economy. Mr. T. was not for a war of economy; but a war of vigour. All wars are necessarily expensive; the more feeble and protracted they are, the greater will be the expense; and the expense is less in proportion as they are short and vigorous. If we are not to have an energetic war, let us have no war. He believed the resources of this country are adequate to any war. Compare the situation of the country with what it was in 1775. Our population now consists of seven millions of active, enterprising individuals, carrying on a commerce second only to one nation in the world; then our population was only three millions, with a feeble colonial commerce, and the people miserably poor in every thing but in the spirit of liberty. What did they do! If gentlemen will recur to the Journals of that day, they will discover, that when Congress had a formidable army ready to march; they had not a dollar of revenue, and the people was too indigent to raise money; Congress had to issue bills of credit to the amount of two millions of dollars. If it be thought we cannot raise the necessary supplies, we had better do at once, what perhaps, we shall find it necessary to do, if we refuse to recede from these amendments, submit.
Mr. Widgery said, had not these amendments been made to the bill, the minority on its passage would have been much larger than it was. Until gentlemen shall come forward and offer some good reason for agreeing to the present motion, he should be opposed to it, believing this House to be as good judges of what was right as the other. Indeed if there be safety in a multitude of counsellors, we have the advantage. He did not believe the loss of the bill would be hazarded by refusing to recede; it would bring on a conference. "He was willing to go as far as was necessary in raising troops, but he wished to avoid all unnecessary expense.
Mr. Roberts said, the question had now resolved itself into the shape in which he wished to have had it before, when the bill was under discussion. The vote will now be whether we will agree to raise an army of 25,000 men, and all the officers complete, at a time, too, when nothing has been done towards arming the Militia, or raising Volunteers; and when, from the present situation of things, not much is to be expected on those subjects. The measures which have been taken for putting ourselves in a state for meeting a war, arose from the message of the President at the commencement of the session. The committee of Foreign Relations who had this subject under consideration, recommended the filling up the present military establishment, raising an additional force, the acceptance of Volunteer Corps, & arming and disciplining the militia. The Senate reported a bill and matured it for raising an additional military force;--but he had not heard that they had taken any step respecting the Militia or Volunteers. We first agree to raise, what appeared to him, the most objectionable force, which he feared would prevent due attention being paid to the Volunteers & Militia. He therefore thought, it would be improper, in this stage of the business, for the House to recede. The Senate, it would be recollected, is a part of the Executive Branch of the Government; and the difference now between the two Houses is, whether all the officers shall be at once appointed. Perhaps they felt a desire on this subject, arising from their executive duty. He should wish to be satisfied on this point by a conference, before he agreed to recede.
Mr. Calhoun said, that the House had already decided that 25,000 men were necessary; the only question at present, is a question of expense. Can any gentleman say what the difference of expense will be? He believed it would be very inconsiderable. The question of Peace or War must be decided in three or four months; and several weeks would pass before the appointments could be made. Congress would spend more on deliberating on this subject than the difference of expense would amount to. In case the whole of the officers be appointed, the recruiting service will go on much better than it would otherwise do.--If, said Mr. C. we be serious on the question of war, we ought not to stickle about an expense of 20 or 30,000 dollars. If a temper of this kind is to prevail in the house, it will shew that we are not fit to manage the affairs of the nation. He knew the expenses of war are considerable, and they will be so, at all events; but a war carried on with vigour would be less so, than one carried on in a feeble, ineffective way; if gentlemen were alarmed at a measure of this kind, at the commencement of our preparations, we had better proceed no further.
Mr. Randolph said, he would make a motion which would supercede the one before the House. It was, that the further consideration of this subject should be indefinitely postponed.
The question being stated, Mr. Randolph rose, and made a speech of about two hours against the principle of the bill. [This speech will be given in course.]
After which, the question on postponement was taken, without further debate, by Yeas and Nays, as follows:
YEAS--Messrs. Bigelow, Breckenridge, Brigham, Champion, Chittenden, Davenport, Ely, Fitch, Jackson, Key, Law, Lewis, Macon, McBryde, Mosely, Pearson, Pitkin, Potter, Randolph, Rodman, Sheffey, Stanford, Stewart, Sturges, Taggart, Tallmadge, Wheaton, White, Wilson--30.
NAYS--Messrs. Anderson, Archer, Bacon, Bard, Bartlett, Bassett, Bibb, Blackledge, Bleecker, Blount, Boyd, Brown, Burwell, Butler, Calhoun, Cheves, Clay, Cochran, Clopton, Condit, Crawford, Davis, Dawson, Desha, Dinsmoor, Earle, Emott, Findley, Fisk, Franklin, Gholson, Gold, Green, Grundy, B. Hall, O. Hall, Harper, Hawes, Hyneman, Johnson, Kent, King, Lacock, Lefever, Little, Livingston, Lowndes, Lyle, Maxwell, Moore, McCoy, McKee, McKim, Metcalf, Milnor, Mitchill, Morgan, Morrow, Nelson, New, Newbold, Newton, Ormsby, Paulding, Pickens, Piper, Pond, Porter, Quincy, Reed, Ringgold, Rhea, Roane, Roberts, Sage, Sammons, Sawyer, Seaver, Sevier, Seybert, Shaw, Smilie, G. Smith, J. Smith, Stow, Strong, Sullivan, Tallman, Talliaferro, Tracy, Troup, Turner, Van Cortlandt, Williams, Widgery, Winn, Wright--97.
The question was then taken on receding from the amendment in the proviso to the first section of the bill, which limited the appointment of officers to six regiments, and was decided as follows:
YEAS--Messrs. Alston, Anderson, Archer, Bacon, Bartlett, Bassett, Bigelow, Blackledge, Brigham, Calhoun, Cheves, Chittenden, Clay, Clopton, Condit, Dinsmoor, Ely, Fisk, Franklin, Gholson, Gold, Green, Grundy, B. Hall, O. Hall, Harper, Kent, King, Lacock, Lefever, Little, Livingston, Lowndes, McCoy, McKim, Mitchill, Moseley, New, Ormsby, Paulding, Pitkin, Pond, Porter, Potter, Reed, Ringgold, Rhea, Roane, Sammons, Sawyer, Sevier, Seybert, Shaw, Stow, Sturges, Sullivan, Taggart, Tallmadge, Tallman, Tracy, Troup, Turner, Van Cortlandt, Wheaton, White, Winn, Wright--67.
NAYS--Messrs. Bard, Bibb, Bleecker, Blount, Boyd, Breckenridge, Brown, Burwell, Butler, Champion, Cochran, Crawford, Davenport, Davis, Dawson, Desha, Earle, Emott, Findley, Fitch, Hawes, Hufty, Hyneman, Jackson, Johnson, Key, Lewis, Lyle, Macon, Maxwell, Moore, McBryde, McKee, Metcalf, Milnor, Morgan, Morrow, Nelson, Newbold, Newton, Pearson, Pickens, Piper, Quincy, Randolph, Roberts, Rodman, Sage, Seaver, Sheffey, Smilie, G. Smith, J. Smith, Stanford, Stewart, Strong, Talliaferro, Widgery, Wilson--60.
The question was then taken on receding from the amendment which formed the 25th section of the bill, providing that the officers should continue in commission during such term only as the President shall judge requisite, and carried by the same majority as the last,
The next question was, on receding from the 26th section of the bill, which provided that no general, field or staff officer should receive pay until called into service. This question was lost, there being 49 votes for receding and 76 against it.
The last question was on receding from the 27th section, which gave power to the President to appoint officers in the recess of the Senate, which was carried 61 to 40.
Adjourned.
IN SENATE
Thursday, January 9.
The bill authorising the purchase of ordnance and ordnance stores, camp equipage and other quarter masters' stores and small arms; was read the second time and referred to the committee to whom was referred so much of the President's Message as concerns the relations between the U. States & France & G. Britain; to consider & report thereon.
Mr. Smith (of Md.) from the committee on the subject, reported in part, a bill to prohibit the importation of rum, taffia or other spirituous liquor distilled from sugar cane, sugar or molasses, during the continuance of the act concerning commercial intercourse between the U. States and G. Britain and France and their dependencies, and for other purposes; which was read and passed to a second reading.
The bill supplementary to the act concerning the commercial intercourse between the United States and G. Britain and France &
their dependencies, was made the order of the day for Monday next.
January 10.
The Senate proceeded to the consideration of the amendment made by the House of Representatives, to the bill to raise an additional military force, and insisted on by that body.
Resolved, That the Senate recede from their disagreement to the amendment insisted on by the House of Representatives, viz. the 2d of the new sections to the bill raising an additional military force.
The President communicated the report of the Secretary of the Navy on the subject of the Navy Pension fund; which was read.
The bill to prohibit the importation of rum, taffia or other spirituous liquor distilled from sugar cane, sugar or molasses, during the continuance of the act concerning commercial intercourse between the U. States & G. Britain & France & their dependencies and for other purposes; was read the second time.
The bill directing the terms on which the lands sold at public sale and that revert for failure in payment, shall again be sold; was read the third time and passed.
The bill appropriating a sum of money to procure munitions of war, was ordered to be recommitted to the committee who reported the same, further to consider and report thereon.
DOMESTIC.
Washington Jan. 9.
The Senate have rejected all the amendments of the House of Representatives to the Army Bill which go to limit the appointment of officers, &c. by very large majorities. It remains for the House to recede from, or insist on their amendments.
The House of Representatives have progressed in the digestion and consideration of other preparatory measures suited to the crisis, as will be seen by a reference to the proceedings of the two last days. The bill for organizing a volunteer corps was yesterday debated in committee of the whole. The number authorised is Fifty thousand; and an appropriation of three millions of dollars is contained in the bill, applicable to the objects it contemplates. The committee made considerable progress in the bill, but adjourned without reporting it to the House. There is not much doubt of its passage through the House of Representatives.--Nat. Int.
Richard Rush, Esq. Comptroller of the Treasury of the United States, has reached this city & entered on the duties of his office.
Washington City, Jan. 11.
The Senate having yesterday receded from their disagreement to the remaining amendments of the House of Representatives to the Army Bill, that bill only wants the signature of the President to become a law.
The House of Representatives progress but slowly in the discussion of the Volunteer bill. Considerable difference of opinion exists as to its details; and the committee of the whole yesterday rose without having decided any question touching the principle of the bill.
Nat. Int.