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The gentleman from Massachusetts (Mr. LivERMORE) thinks it improper to afford any opportunity to compel testimony on jack o'lantern charges. We know the case to which he alludes; and will he call that a jack-o`lantern charge which the House danced after for a fortnight or three weeks? It does appear to me that we ought not to adopt the amendment, and I hope we shall not.

Mr. LIVERMORE thought gentlemen were much mistaken in taking General Wilkinson's case into consideration on this question. It is true, said he, that this affair was before the House some time, and true that it was inquired into. Everything I aver is this: that a military court was not the authority which I expected would have inquired into the transaction, because the offence charged was not of a nature cognizable by a court martial. So that to make a law in allusion to this case is perfectly improper. General Wilkinson, until he disproves the assertions by plain proof-make what noise you will in this House-will not be cleared, before the people, of the charge against him. All exertions here can be of no benefit to him.

MARCH, 1808.

in his favor from the civil ranks, though the Gov-
ernment may, if they think fit, procure it against
him. Government may conduct him before a
military court, where, although he could establish
his innocence by civil testimony, it is not in his
power to do it, because he cannot compel the pro-
duction of a written charge, supported by affidavit.
Mr. LIVERMORE's amendment was negatived-
yeas 22.

Mr. BACON proposed a new section providing that depositions should be taken in all cases where the witnesses reside at a greater distance than 100 miles.

Mr. DURELL opposed the amendment, observing that every amendment rendered the bill more iniquitous, without insuring its object. He declared the whole bill to be so heterodox, preposterous, and variant, that he could make nothing of it.

Mr. BACON said was intended to secure the liberties of the citizen, and to meet the suggestions of the gentlemen opposed to the bill.

The amendment was agreed to without a division.

The Committee then rose, and reported the bill with amendments.

Mr. LIVERMORE renewed the motion which he had made in Committee of the Whole.

Mr. TAYLOR having called for the yeas and nays on it, it was negatived by yeas and nays— 89 to 22, as follows:

Elliot, William Ely, Francis Gardner, John Harris,
YEAS-John Culpepper, Daniel M. Durell, James
William Hoge, Robert Jenkins, James Kelly, Joseph
Lewis, jr., Edward St. Loe Livermore, Josiah Masters,
William Milnor, Jonathan O. Mosely, Timothy Pit-
kin, jr., John Rowan, John Russell, William Stedman,
Benjamin Tallmadge, Abram Trigg, Jabez Upham,
and Killian K. Van Rensselaer-22.

Mr. NICHOLAS was as little disposed as the gentleman from Massachusetts to legislate for any individual, but would not be deterred from his duty by any insinuations of that sort. The gentleman from Massachusetts should recollect, said he, that his proviso, exactly fitting the case brought into question, subjects him as much to the imputation of having that particular case in view as any gentleman who supports the bill. If General Wilkinson had never existed-if a case had never occurred-I would have voted for the bill on the table. And here permit me to say, that I never was more surprised than when I ascertained that there was no provision in the laws on the subject by which the Government or a person charged with military offence could avail himself of the testimony of the citizen. Upon every principle, it appears to me that there ought to be such a provision; it is necessary for the security of the Government, and essential to the protection of the citi-son, Walter Jones, Thomas Kenan, Nehemiah Knight, zen. I will not again go over the observations John Lambert, Edward Lloyd, John Love, Nathaniel which have been made on this subject, but I will Macon, Robert Marion, William McCreery, Daniel mention one objection to the proviso which I have Montgomery, jr., John Montgomery, Nicholas R. not heard urged. If the proviso pass, the public Moore, Thomas Moore, Jeremiah Morrow, John Morinterest will be taken care of-but how? Is the row, Gurdon S. Mumford, Roger Nelson, Thomas Newindividual meant to be sacrificed-to be made a bold, Thomas Newton, Wilson C. Nicholas, John Porvictim? No summons under that proviso shall of Tennessee, Matthias Richards, Samuel Riker, Lemter, John Pugh, John Rea of Pennsylvania, John Rhea issue, unless a charge be made in writing, and uel Sawyer, Ebenezer Seaver, James Sloan, Dennis upon affidavit. This is in the power of the Gov- Smelt, John Smilie, Jedediah K. Smith, Samuel Smith ernment alone. Government, without making a John Smith, Henry Southard, Richard Stanford, Clem charge or affidavit, may secute a person in ent Storer, Peter Swart, John Taylor, John Thomp, military service, but by no act of his can he have son, George M. Troup, James I. Van Allen, Archthe charge reduced to writing or supported by affi- ibald Van Horn, Daniel C. Verplanck, Jesse Wharton davit; and therefore he cannot procure evidence Robert Whitehill, Isaac Wilbour, David R. Williams

NAYS-Lemuel J. Alston, Willis Alston, jr., Ezekiel Bacon, David Bard, Joseph Barker, Burwell Bassett, William W. Bibb, William Blackledge, John Blake, jr., Thomas Blount, John Boyle, Robert Brown, William A. Burwell, William Butler, Joseph Calhoun, George W. Campbell, Martin Chittenden, Joseph Clay, Matthew Clay, Howell Cobb, Richard Cutts, John Dawson, Josiah Deane, Joseph Desha, John W. Eppes, William Findley, James Fisk, Peterson Goodwyn, Edwin Gray, Isaiah L. Green, John Heister, William Helms, David Holmes, Benjamin Howard, Reuben Humphrey, Daniel Ilsley, Richard M. John

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MARCH, 1808.

Revolutionary Pensioners.

H. OF R.

Marmaduke Williams, Alexander Wilson, Richard the State of North Carolina, to have it amended.
Winn, and James Witherell-89.
He was happy to find the subject now proposed
for their consideration.

Mr. DURELL moved that the bill lie on the table.

The resolution was agreed to without a divis

The bill was then ordered to a third reading-ion, and Messrs. NELSON, RANDOLPH, and LIVERMORE, appointed a committee accordingly.

yeas 67.

the bill authorizing the President to raise an adMr. DAWSON moved for the order of the day on ditional number of troops.

To-morrow being mentioned as the day on

which it should be read the third time

Mr. D. R. WILLIAMS hoped Friday would be the day on which it should be read, that time might be allowed for printing it. It had been avowed, by the characteristic honesty of the gentleman from Pennsylvania, that this bill was calculated for the particular case of General Wilkinson.

Mr. SMILIE interrupted the gentleman to observe that he had not said that General Wilkinson was the principal object; he had said that case had given rise to the bill. It was a bill of a general nature, but would comprehend the particular case which had given rise to it.

Mr. D. R. WILLIAMS said he would not suppose otherwise than that he had misunderstood the gentleman. Be the object what it might, he hoped a little time would be afforded to those opposed to the bill to digest their thoughts on it.

It was accordingly made the order of the day for Friday next.


Mr. NELSON said, by looking over the acts of Congress, it would be found that an act was passed on the 10th of April, 1806, to provide for persons disabled by known wounds during the Revolutionary war. One of the sections of that act requires that every claimant should give satisfactory reason why he did not apply for the provision before, and also that he should make affidavit that he had not received a pension from any State. In his opinion, this provision operated very unjustly and harshly upon many. A number of persons who had fought the battles of the nation were now in a state of dependence and want; and although some of them received a small pittance as a gratuity from the States, he thought they should not thereby be prevented from coming forward and receiving justice from the United States. He thought the law should be amended, and for that reason proposed the following:

Resolved, That a committee be appointed to inquire into the propriety of repealing so much of the second section of the above act as requires that the claimant shall make affidavit that he is not on the pension list of any State; and that they have leave to report by

bill or otherwise.

Mr. RANDOLPH rose to second the motion of the gentleman from Maryland. It was in the re collection of that gentleman, and of many others, what extreme disgust-he hoped to be pardoned for the harshness of the expression-the provision which the gentleman now wished to strike out from the statute book, to which it was a disgrace, had given when that law passed, and what strong endeavors had been made by several gentlemen, and particularly by a respectable member from

Before the question could be taken on considering this subject, on motion of Mr. GARDNER, the House adjourned-yeas 67.

THURSDAY, March 10.

The bill from the Senate, entitled "An act granting William Wells the right of pre-emption," together with the amendments agreed to yesterday, was read the third time, and passed.

that the Senate have passed a bill, entitled "An A message from the Senate informed the House act for raising an additional military force;" also, Turner;" to which bills, respectively, they desire a bill, entitled "An act for the relief of Philip the concurrence of this House.

The bill sent from the Senate, entitled "An act twice and committed to the committee appointed, for raising an additional military force," was read on the twenty-ninth of October last, on so much of the Message from the President of the United States as relates to the Military and Naval Establishments.

The bill sent from the Senate, entitled "An act for the relief of Philip Turner," was read twice and committed to a Committee of the Whole to

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Resolved, That the committee to whom was referred a resolution to inquire into the expediency of repealing a part of the second section of the act to provide for persons who were disabled by known wounds received in the Revolutionary war, passed the tenth day of April, one thousand eight hundred and six, be directed to inquire into the propriety of amending the several laws respecting military pensions; and that they be authorized to report by bill, or otherwise.

The House went into a Committee of the Whole on the bill to extend the time for issuing and locating military land warrants. The bill having been gone through and reported to the House, was ordered to a third reading to-morrow.

The House went into a Committee of the Whole on the bill authorizing the sale of lands of the United States and for other purposes; which hav

Captain Pike-Train of Artillery.

H. of R.

ing been gone through, was reported to the House, and ordered to a third reading to-morrow.

On motion of Mr. RHEA, of Tennessee, the petitions on the subject of the Post Office and Post Roads presented since the general bill on this subject was reported, were referred to a select committee of seventeen.

The House went into Committee of the Whole on the bill for erecting certain light-houses and buoys. The bill having been gone through, and variously amended, was ordered to a third reading to-morrow.


Mr. JOHN MONTGOMERY, from the committee appointed on the twenty-second ultimo, presented a bill making compensation to Captain Zebulon M. Pike, and his companions; which was read twice and committed to a Committee of the Whole on Wednesday next.-The bill was accompanied by the following report:

MARCH, 1808.

interesting in a political, geographical and historical
view, and you may rest assured that your services are
held in high estimation by the President of the United
States; and if any opinion of my own can afford you
any satisfaction, I very frankly declare that I consider
the public much indebted to you for the enterprising,
persevering, and judicious manner in which you have
performed them.

I am, very respectfully, sir, your obedient servant,



The House went in Committee of the Whole on the bill for procuring a train of artillery for the United States.

The statement of the Secretary of War, and Mr. Foxall's letter on the subject having been read,

Mr. DAWSON said, by the statement from the Secretary of War, it would be found that the United States are now possessed of about one thousand seven hundred cannon. I am happy also to state, said he, that, by the returns since made to the Department of War, the number is found to be about one thousand nine hundred. I will also state that the United States are possessed at this time of means of every kind, arms, cannon, powThe bill on the table authorizes the purchase of der, &c., for carrying on three years close war. more cannon. This, I am told, it is impossible to do at this time; they are not to be bought, and if

any knowl

That they examined Colonel John Ballenger, who stated that, in a conversation which passed between his brother Joseph and himself, the said Joseph informed him that he was in company with Captain Pike in his last exploring tour; that, having left Captain Pike somewhere on the head waters of the Arkansas, he returned to Louisiana; that very shortly after his return, he went into the Spanish provinces; that, during all this time, he was employed in furtherance of a Spanish project, but did not intimate that Captain Pike had edge, or was at all privy to the said project, or to his being engaged therein, and spoke in high terms of Cap-bought, are not as good as of the manufacture of tain Pike. The nature of the project in which the said the United States. By the latter, I mean iron Joseph was employed, or by whom he was employed, cannon, of not more than one-half the weight of is foreign, as your committee believe, from the subject ordinary cannon; a 61b. cannon generally weighs consigned to them, and, of course, its detail is omitted 1,200 lbs. ; those made here generally 600 lbs., the in this report. Your committee further report: That same weight as a brass cannon. One brass canin what manner these exploring expeditions were un- non costs, perhaps, five times as much as an iron dertaken at the instance of the War Department, and cannon of the same weight, which may be equal the conduct of Captain Pike approved by the President or superior to it for service. After giving this of the United States, and the information which was information, I will move to amend the bill, so obtained and communicated to the Executive, and to as to establish a national foundry, for the purwhat extent, and how far the same has been considered pose of manufacturing cannon for the use of the highly interesting in a political, geographical, and his- United States. torical view, appear by a letter from the Secretary of War, accompanying this report; and that nothing has appeared before the committee derogatory to the merits of Captain Pike, as detailed in the above-mentioned letter from the Secretary of War.

Mr. STANFORD was totally against this principle, and, to supersede the motion of the gentleman from Virginia, moved to strike out the first


The CHAIRMAN observed, that the bill contained but one section; of course the bill could not be amended by striking out the first section.

WAR DEPARTMENT, Feb. 24, 1808. Sir: In answer to your letter of the 22d instant, I can with pleasure observe that, although the two ex- Mr. QUINCY said he would make but one obploring expeditions you have performed were not pre-servation, and that was on the incorrectness of viously ordered by the President of the United States, this proceeding: a resolution for establishing a there were frequent communications on the subject of national foundry had been referred to another each, between General Wilkinson and this Department, committee. This bill was for procuring field ar

of which the President of the United States was, from

tillery; the object to be accomplished by the amendment made, was to convert the bill into a bill for establishing a national foundry; thus, in fact, to defeat the present object.

time to time, acquainted, and it will be no more than what justice requires to say, that your conduct in each of those expeditions met the approbation of the President, and that the information you obtained and communicated to the Executive, in relation to the source of the Mississippi, and the natives in that quarter, and the country generally, as well on the Upper Mississippi as that between the Arkansas and the Missouri, and on the borders of the latter extensive river to its source, and the country adjacent, has been considered highly

Mr. STANFORD moved that the Committee rise and report progress, that the subject might come regularly before them.-Negatived.

Mr. DAWSON observed, that this bill went to procure artillery by purchase; the only question proposed by the amendment was, whether they

H. of R.

The Militia-Loan of Arms to Ohio.
The amendment was negatived by a large ma-

On motion of Mr. D. R. WILLIAMS, the Com

MARCH, 1808.

would procure artillery by purchase or manufacture it themselves. His opinion was, that it should be of the manufacture of his own country. Mr. RHEA, of Tennessee, moved that the Committee rose, and reported progress-ayes 71; and mittee rise, that this bill, and the resolution on obtained leave to sit again-ayes 52, noes 34. the subject of a national foundry, should be referred to the gentleman from Virginia and his committee, to report a bill for erecting a national foundry.

The question being taken on this motion, there were for it 48, against it 48. The Chairman decided in the negative.

Mr. TAYLOR objected to the blending these two subjects together. He saw a wide distinction betwixt procuring a formidable train of field artillery and erecting a national foundry. He wished first to procure a train of artillery, and then to take up the subject of a national foundry distinct from the other. He was unwilling to defeat this bill, by inserting a provision which might, perhaps, enable them to manufacture in sufficient quantity some years hence.

Mr. LYON supported the amendment, as he conceived that the nation should possess, within itself, the means of manufacturing cannon.

Mr. D. R. WILLIAMS could not bring himself immediately to vote for a national foundry in the City of Washington, the more especially as he thought that cannon sufficient could even now be procured of the manufacture of the United States. He knew an individual company owning two different foundries, who alone could supply the United States with cannon. He appealed to the gentleman from Rhode Island to bear testimony to the fact, that there was a foundry there unemployed for want of business, and the owners of which would be glad to contract to furnish


Mr. DAWSON, in reply to the gentleman last up, said he had not spoken of the City of Washington as the place for the foundry; this he should wish to leave with the discretion of the Executive. The sum of money proposed to be appropriated for the purpose of erecting a foundry was small, and the advantages resulting from it would be great.

Mr. DAWSON's motion for amendment was negatived by a large majority.

The CHAIRMAN inquired, if the blank in the bill was to be filled.


The House went into a Committee of the Whole, on the bill authorizing a detachment of the militia.

The blank in the bill for the sum to be appropriated for the immediate expense of the militia, if called out, was filled with one million of dollars.

Mr. KELLY observed, that the bill authorized the retaining each class the militia in service for six months. He had always been of opinion that this term was much too long; he thought four months as long a term as each detachment ought to be kept in service. He therefore moved to strike out "four," and insert "six.”

Messrs. TALLMADGE, GARDNER, and WITHERELL, contended against the amendment, that the authority given to the President by the bill, was to call them into service for a term not exceeding six months; that it was well known that, during the Revolutionary war, the Army was continually confused, disorganized, and sometimes defeated, in consequence of the term of service of a part of the troops expiring on the eve of an engagement; and that six months was as short a time as it was politic to fix for their continuance under arms, if it should be necessary that the militia should be employed.

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Mr. KELLY'S amendment was negatived by a large majority.

The Committee rose and reported the bill, which was ordered to a third reading to-morrow, nem. con.


The House resolved itself into a Committee of the Whole, on the resolutions authorizing the President of the United States to loan a certain number of arms and artillery to the State of Ohio.

The resolutions are as follows:

Resolved, That the President of the United States be authorized to loan to the State of Ohio, for the term of seven years, seven thousand stand of arms, for the purpose of arming, in part, the militia of the said State, under such restrictions and regulations, as to safekeeping and re-delivery, as the President may prescribe. Resolved, That the President of the United States

Mr. DAWSON said, as the bill now stood he was opposed to it himself; nor had he thought of the sum with which it would be necessary to fill the blank in such case. To try the sense of the Committee once more, he moved to insert after pur-be authorized to loan to the State of Ohio, for the term chase," or cause to be manufactured." of seven years, twenty pieces of field artillery, with car

Mr. BACON opposed this motion, as being sub-riages complete, for the use of the artillery companies stantially the same as that which had been nega- of militia in the said State, under such regulations and tived a few minutes ago, as this expresssion, by a restrictions, as to safe-keeping and re-delivery, as the President may prescribe. forced construction, would warrant the erecting of the national foundry. He cited an instance in support of this, that, under the late Administra-lution for loaning armstion, a law having passed for building a few ships Mr. MORROW stated to the Committee that this of war, the Executive had thought itself author-resolution had been introduced in consequence of ized to establish navy yards, and, in consequence, instructions from the Legislature of the State of Ohio. He represented the situation of that State

The question having been put on the first reso

had done so.

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Mr. CLOPTON, from the committee appointed on the seventh instant, presented a bill to continue in force, for a farther time, an act, entitled "An act for the more effectual preservation of peace in the ports and harbors of the United States, and in the waters under their jurisdiction;" which was read twice and committed to a Committee of the Whole on Monday next.

Mr. DAWSON, from the committee appointed on so much of the Message from the President of the United States, of the twenty-seventh of October last, as relates to the Military and Naval Establishments, to whom was yesterday committed the bill sent from the Senate, entitled "An act authorizing the raising an additional military force," reported an amendment thereto; which was read, and, together with the said bill, ordered to lie on the table.

An engrossed bill authorizing a detachment from the militia of the United States was read the third time, and passed.

An engrossed bill extending the time for issuing and locating military land warrants was read the third time, and passed.

The bill sent from the Senate, entitled "An act for erecting a light-house, and placing buoys at the places therein mentioned," together with the amendments agreed to yesterday, was read the third time, and passed.

MARCH, 1808.

tucket, and on the Island of Tuckanuck, at or near the entrance of Connecticut river, and near the entrance of Great Egg Harbor river."

An engrossed bill authorizing the sale of the lands of the United States was read the third time, and passed.

Resolved, That the title be, "An act for erecting a light-house on the south point of the Island of Sapelo, and for placing buoys and beacons in the shoals of the inlet leading to the town of Darien, and near the entrance of Ipswich harbor, near Plymouth harbor, before the harbor of Nan


An engrossed bill concerning Courts Martial and Courts of Inquiry was read the third time.

The question having been put, "Shall this bill pass?" Mr. MASTERS called for the yeas and nays on its passage.

Mr. ELLIOT said it was to have been hoped that the bill, after having gone through the purifying process of successive recommitments, would have been presented, for the final question upon its passage, in a shape rather less questionable than that which it had assumed upon its original introduction to the House. In this hope, at once a natural and a pleasing one, said he, the opponents of the bill have, unfortunately, been disappointed. In one of the pleasant hours of the past gloomy season, this new twig of the great tree of our jurisprudence, put forth its slender form, with all its blushing honors thick upon it; the next day came a frost: it has since experienced the vicissitudes of various weather; it is again in bloom; but its blossoms are frail and feeble, and even the beams of a vernal sun cannot save it from decay and death. Quitting, however, a metaphor, which is no sooner hunted up than it is hunted down, he said he would proceed to state, with as much plainness and conciseness as possible, those objections to the bill, which he deemed as unanswerable as he was convinced they were insuperable. If they were capable of being answered, he hoped the supporters of the measure would deign to answer them. My objections to the bill, said Mr. E., are, that it is erroneous in principle, that it is defective in detail, that it will be inoperative in practice, as it respects the great majority of cases which it professes to comprehend, and that, as to the remaining cases, it will operate to the delay of military justice, and the injury and oppression of the peaceful citizen.

First, that it is erroneous in principle.

It has been a constant theme of declamation with the enemies of the equal rights of man, that, in the science of politics, which they say is falsely so called, unlike all other sciences, there are no fixed, incontestable principles, upon which the mind can repose with confidence, and in which all enlightened men will unite. The friends of freedom, at least since the time when Locke began to question the divine right of Kings, have protested against this dogma. They contend that these fixed principles, these self-evident postulata, do exist in political as well as moral science-one of them forms the basis of all our institutions. "All men are by nature equal, and possess certain natural and unalienable rights." There is another, which every true republican will cherish with all the ardor of affection, with all the energy of zeal, with all the inflexibility of patriotism: In a free Government, the military should always be kept

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