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SENATE.

Proceedings.

DECEMBER, 1811.

Mr. BAYARD, from the committee appointed as The bill, entitled "An act for the relief of John managers of the conference upon the subject-mat- Burnham,” was read the second time, and referred ser of the bill from the House of Representatives, to a select committee, to consider and report thereentitled "An act for the apportionment of Repre-on; and Messrs. GERMAN, FRANKLIN, and GREGG, tentatives among the several States, according to were appointed the committee. the third enumeration," made the following re Mr. Dana presented the petition of Isaac Tryport:

on, of Glastenbury, in ihe State of Connecticut, “ That the committee had held a conference with the praying that the patent granted him on the 22d managers appointed in behalf of the House of Repre- of February, 1798, for a new and useful improvesentatives, and that the joint committee of the two ment in manufacturing combs, may be exiended Houses, upon the close of the conference, finally sepa- for a longer time, for reasons stated therein at rated without coming to any agreement. · That the large; and the petition was read, and ordered to committee heard nothing on the conference sufficient lie on the table. to induce them to depart from the amendments made The Senate 'resumed, as in Committee of the by the Senate to the bill from the House of Represent. Whole, the bill for the relief of Robert Fulton atives. They therefore recommend it to the Senate to and his associates; and, after debate, the further adhere to the said amendments.”

consideration thereof was postponed until to-morOn motion, by Mr. BAYARD, it was agreed that row. the consideration of the report be the order of the day for to-morrow.

FRIDAY, December 13.

The Senate resumed, as in Committee of the WEDNESDAY, December 11.

Whole, the bill for the relief of Robert Fulton, The bill, entitled "An act allowing further time and his associates; and, on motion, by Mr. BAYfor completing the payments on certain lands held ARD, 10 postpone the consideration thereof 10 Monby righi of pre-emption in the Mississippi Terri-day lorinight, it was determined in the negative. tory," was read the third time, and passed. And on motion, by Mr. Giles, it was recommit-

A message from the House of Representatives led to a select committee, to consist of five memiuformed the Senate that the House have passed bers, with instructions to revise the patent laws, a bill, entitled "An act to authorize the laying with liberty to report thereon by bill, bills, or out and opening a public road from the line estab. otherwise ; and Messrs. Giles, BAYARD, CRAWlished by the treaty of Greenville to the North FORD, CAMPBELL of Tennessee, and ANDERSON, Bend, in the State of Ohio;" also a bill, entitled were appointed the committee. "An act for the relief of John Burnham;" in The Senate resumed, as in Committee of the which bills they desire the concurrence of the Whole, the bill for completing the existing Mila Senate.

itary Establishment; aod, after progress, ad. The bills last mentioned were read, and passed journed. to the second reading. The Senate resumed the consideration of the

SATURDAY, December 14. report of the managers at the conference upon the subject matter, of the amendments to the bill, en- Whole, the bill for completing the existing Mili

The Senate resumed, as in Committee of the titled "An aci for the apportionment of Representatives among the several States, according to tary Establishment; and the bill having been the third enumeration."

amended, the President reported it to the House the Senale adhere to their amendments to the and read a third time as amended ? it was deterWhereupon, on motion by Mr. BAYARD, that accordingly; and the bill was further amended.

On the question, Shall this bill be. engrossed said bill, it was determined in the affirmative

mined in the affirmative. yeas 18, says 16, as follows: Yeas—Messrs. Bayard, Bradley, Cutts, Dana, Ger- Whole, the bill to raise, for a limited time an ad

The Senate resumed, as in Committee of the man, Gilman, Goodrich, Gregg, Horsey, Howell, Hun- ditional military force'; and, after progress, adter, Leib, Lloyd, Reed, Robinson, Smith of Maryland, journed. Smith of New York, and Varnum.

Nars-Messrs. Anderson, Bibb, Brent, Campbell of Ohio, Campbell of Tennessee, Condit, Crawford, Frank

Monday, December 16. lin, Gaillard, Giles, Lambert, Pope, Tait, Taylor, Tur. 'ner, and Worthington.

Mr. WORTHINGTON, from the committee appointed on the subject, reported a bill authorizing

the President of the United States to raise certain THURSDAY, December 12.

companies of spies or rangers for the protection The bill, entitled " Ad act to authorize the lay- fof the frontier of the United States; and the bill ing out and opening a public road from the line was read, and passed to the second reading. established by the treaty of Greenville to the Nortb Mr. Gilman, from the committee, reported the Bend, in the State of Ohio," was read the second bill for completing the existiog Military Estabtime, and referred to a select committee, to con- lishment correctly engrossed, and the bill was sider and report thereon; and Messrs. CAMPBELL. read the third time; and the blanks filled. of Ohio, GREGG, and Pope, were appointed the On motion, by Mr. ANDERSON, to recommit committee.

the bill to a select committee, further to consider

DECEMBER, 1811.

Additional Military Force.'

SENATE.

and report thereon, it was determined in the ne ents granted to Robert Fulton ; which was read gative.

and passed to a second reading. On the question, Shall this bill pass ? it was determined unanimously in the affirmative, yeas

ADDITIONAL MILITARY FORCE. 28, as follows:

The Senate resumed, as in Committee of the Messrs. Anderson, Bibb, Brent, Campbell of Ohio, Whole, the bill to raise, for a limited time, an adCampbell of Tennessee, Condit, Crawford, Cutts, Dana,

ditional military force. Franklin, Gaillard, German, Giles, Gilman, Goodrich,

On motion, by Mr. REED, to strike out, from Gregg, Lambert, Leib, Lloyd, Pope, Reed, Robinson, section 1, line 3, the word "ten,” for the purpose Smith of Maryland, Smith of New York, Tait, Taylor, of inserting in lieu thereof, the word "twenty,” it Turner, and Varnum.

was determined in the negative-yeas 2, nays 31, Mr. FRANKLIN presented the petition of Thomas as follows: Gordon, of Pasquotank county, in the State of YEAS-Messrs. Lambert and Reed. North Carolina, in behalf of himself and John NAY8—Messrs. 'Anderson, Bayard, Bibb, Bradley, Shaw, praying a remission of the penalties in Campbell of Ohio, Campbell of Tennessee, Condit, curred, by them as securities in an embargo bond, Crawford, Cutts, Dana, Franklin, Gaillard, German, for reasons stated therein at large; and ihe peti-Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Huntion was read, and referred to a select committee, ter, Leib, Lloyd, Pope, Robinson, Smith of Maryland, to consider and report thereon, by bill or other. Smith of New York, Tait, Taylor, Turner, Varnum, wise; and Messrs. FRANKLIN, TAYLOR, and Craw

and Worthington. FORD, were appointed the committee.

On motion by Mr. BiBB, to expunge the last On motion of Mr. Dana,

section of the bill, as follows: Ordered, That the petition of Isaac Tryon, pre "That every commissioned and staff officer, to be sented the 12th instant, be referred to the com- appointed in virtue of this act, shall be a citizen of the mittee to whom was referred, the 26th Novem- United States, or some one of the Territories thereof;" ber, the memorial of Robert R. Livingston, and It was determined in the affirmative-yeas 19, Robert Fulton, to consider and report thereon by Days 14, as follows: bill or otherwise.

YEAS—Messrs. Bayard, Bibb, Bradley, Campbell of

Ohio, Campbell of Tennessee, Crawford, Cutts, GerMonday, December 17,

man, Giles, Howell, Hunter, Leib, Pope, Robinson, The bill authorizing the President of the Uni-/ Smith of New York, Taylor, Turner, Varnum, and ted States to raise certain companies of spies or

Worthington. rangers, for the protection of the frontier of the Nars-Messrs. Anderson, Condit, Dana, Franklin, United States, was read the second time..

Gaillard, Gilman, Goodrich, Gregg, Horsey, Lambert, (This bill provides, " that ihe President of the Lloyd, Reed, Smith, of Maryland, and Tait. United States, whenever he shall have satisfac

And the President reported the bill to the tory evidence of the actual or threatened invasion House as amended. of any State or Territory of the United States, by

On motion of Mr. Campbell, of Tennessee, to any Indian tribe, or tribes, be and he is hereby strike out from section iwelve, line six, to the end authorized to raise, either by the acceptance of of the section, as amended, the following words: volunteers, or enlistment for one year, unless “ And whenever any non-commissioned officer or sooner discharged, as many companies as he may soldier shall be discharged from the service, who shall deem necessary, who shall serve on foot, or be have obtained from the commanding officer of his commounted, as the service in his opinion may re- pany, battalion, or regiment, a certificate that he had quire-shall act on the frontier as spies or rangers, faithfully performed his duty while in service, he shall

, be armed, equipped, and organized in such man- moreover, be allowed and paid, in addition to the said

acres of land. ner, and be under such regulations and restric- bounty, three months' pay, and tions as the nature of the service in his opinion And the heirs and representatives of those non-commay make necessary." “Each of the said com- tion or die in the service of the United States, shall

missioned officers, or soldiers, who may be killed in acpanies of spies or rangers to consist of one cap- likewise be paid and allowed the said additional bounty tain, one first, one second lieutenant, one ensign of three months' pay and four sergeants, four corporals, and sixty privates."] signated, surveyed, and laid off

, at the public expense,

- acres of land, to be deMr. Pope submitted the following motion for in such manner, and upon such terms and conditions, consideration :

as may be provided by law :" Resolved, That a committee be appointed to inquire For the purpose of inserting, in lieu thereof, the into the expediency of making provision for the widows following words: and representatives of the militia volunteers who fell in the late engagement with the Indians on the Wabash, who shall have faithfully performed his duty, served

“And every non-commissioned officer and soldier under the command of Governor Harrison; and, also, out his term of five years, and obtained his discharge of making compensation for the horses and other prop from the proper officer, shall be entitled to, and receive, erty lost or destroyed; and that the committee have in addition to the said bounty, three months' pay and leave to report by bill or otherwise.

a land warrant for one hundred and sixty acres. And in Mr. Giles, from tñe committee to whom the case such non-commissioned officer or soldier shall have subject was recommitted the 13th inst., reported, been discharged previous to the expiration of the term in part, a bill extending the time of certain pat-! of five years for which he was enlisted, having faith

12th Con. Ist Sess.—2

SENATE.
Additional Military Force.

DECEMBER, 1811. fully performed his duty while in service, he shall be yet the motion furnished a most extensive scope entitled to, and receive a land warrant for, a number of for observation, because, if it should unfortunately acres proportioned to the time he shall have actually succeed, it would essentially derange, as be conserved, allowing at the rate of one hundred and sixty ceived, 'the whole views of the committee who acres for the full time of five years. And the legal rep. bad reported the bill. He would, therefore, preresentatives of every non-commissioned officer or soldier sent to the Senate the most prominent and in. who shall be killed while in the line of his duty, or who portant considerations, .which he presumed bad listed, die in actual service, or of wounds received in operated on the committee, and had certainly on battle, or while in the line of his duty, shall be entitled himself, to induce the recommendation of twentyto, and receive a land warrant for, the full quantity of tum of force demanded by the crisis ; and to de

five thousand men, as the smallest possible quanacres to which the said deceased would have been entitled had he lived and served out his full term of five monstrate the advantages of a force at least 10 years; which said land warrants shall be issued by the that extent, over that which seemed to be contemSecretary of War, in the names and for the use only of plated by the honorable mover, and still more the persons who performed the services, or their legal over that which is said to consist with the Execurepresentatives, and shall not be transferable to any

tive project. other person or persons; and may, at their option, be In the consideration of this subject it is imporlocated with the register of either of the land offices of tant to turn our attention to the objects for which the United States, subsequent to the public sales in a military force is demanded, to enable us the such office, on any of the public lands of the United better to apportion the means to the objects inStates then and there offered for sale; or may be re-tended to be effected. For this purpose he begged ceived at the rate of two dollars per acre in payment the most serious attention of the Sepate to the of any such public lands :"

President's Message at the commencement of the And it was determined in the negative-yeas session. 10, nays 23, as follows:

“I must now add,” observes the President “that the YEA_Messrs. Anderson, Campbell of Ohio, Camp- period is arrived which claims from the legislative guar. bell of Tennessee, Franklin, Gregg, Hunter, Lambert, dians of the national rights a system of more ample Leib, Lloyd, and Worthington.

provision for maintaining them. Notwithstanding the Nays-Messrs. Bayard, Bibb, Bradley, Brent, Craw- scrupulous justice, the protracted moderation, and the ford, Cutts, Dana, Gaillard, German, Giles, Gilman, multiplied efforts on the part of the United States, to Goodrich, Horsey, Howell, Pope, Reed, Robinson, substitute for the accumulating dangers to the peace Smith of Maryland, Smith of New York, Tait, Taylor, of the two countries, all the mutual advantages of reTurner, and Varnum.

established friendship and confidence, we have seen And the bill was further amended.

that the British Cabinet perseveres, not only in withOn motion, by Mr. ANDERSON, to strike out the holding a remedy for other wrongs so long and so word "ten," section one, line three

loudly calling for it, but in the execution, brought Mr. Giles rose, and submitted, in substance, which, under existing circumstances, have the char

home to the threshold of our territory, of measures the following observations: Mr. Giles said, he found bimself in a very un.

acter, as well as the effect, of war on our lawful comprepared state, called upon to oppose a very un “ With this evidence of hostile inflexibility, in trampexpected motion. The object of the mover had ling on rights which no independent nation can relinbeen very precisely expressed; but he had men quish, Congress will feel the duty of putting the Unitioned the number of iwelve thousand infantry ted States into an armor and an attitude demanded by as preferable to twenty thousand, about the num- the crisis, and corresponding with the national spirit ber provided for by the bill. Mr. G. said it was and expectations. also understood, that a force of ten thousand men “ I recommend, accordingly, that adequate provision of every description would more correspond with be made for filling the ranks and prolonging the enlist. the Executive views, and fully answer the Ex-ments of the regular troops; for an auxiliary force, to ecutive requisition. This, he believed, was the be engaged for a more limited term; for the acceptance fact, and should so consider it in the course of the of volunteer corps, whose patriotic ardor may court a observations he proposed to make. Notwithstand participation in urgent services; for detachments, as ing this circumstance, however, considering the they may be wanted, of other portions of the militia, late occurrences on our Western frontiers, and the and for such a preparation of the great body as will feelings of the Western people so justly excited proportion its usefulness to its intrinsic capacity.” thereby, &c., he acknowledged that the motion Here we find, in the first place, the most solhad come from the most unexpected quarter of emn and imperious call upon Congress, in the the Union, and from a gentleman the most unexo character of the legislative guardians of the napected to him of all those who represent the west- tional rights, for a system of more ample proviern portion of the United States; because, from the sions for maintaining them.". The President then long course of military services honorably render- very properly and emphatically proceeds to tell ed by, that gentleman during the Revolutionary us why he makes this solemn call upon the legis. war, he must have become well acquainted with lative guardians of the nation at this time. He the absolute necessity of a due degree of momen- tells us in substance, that notwithstanding "the tum in military affairs.

scrupulous justice, the protracted moderation, and Mr. G. said he did not propose to go into a full multiplied efforts on the part of the United States," exposition of our foreign relations at this time; I to induce Great Britain to recede from her hostile

merce.

DECEMBER, 1811.

Additional Military Force.

SENATE.

aggressions upon their essential sovereign rights, to the verdict of the national spirit and expectaso far from yielding to these polite and pathetic tions. invitations, she had increased her aggressions, and But it is now said, or intimated in substance, had adopted "measures, which, under existing that this official responsible standard is only oscircumstances, have the character, as well as tensible, and that the true standard for estimating the effect, of 'war upon our lawful commerce ;" the quantum of force demanded, must be derived and that these measures are, in their execution from the decrepit state of the Treasury and the " brought home to the threshold of our territory." financial fame of the gentleman at the head of Could the President have chosen language more that department. This subject will require a disemphatic to show the imperions character of the tinct consideration ; but, in the meantime, it is call made upon Congress to furnish him with the sufficient to say, that the committee unanimously adequate physical means to retrieve the honor and refused to be influenced by any considerations, redress the wrongs of the nation ? Lest there but those resulting from the official responsible might be some possible mistake on the part of communication, and their own reflections upon Congress, be tells us explicitly, that the aggres. the state of the nation as disclosed thereby. They sions of Great Britain have the character as well unanimously rejected informal, inofficial commuas the effect of war upon our lawful commerce, pications. and that this war is brought home to the threshold It will be observed, too, in the Message, the of our territory.

President, in his more specific recommendations, Bui, sir, the President does not stop here. He after designating the kinds of force suited to the tells us that notwithstanding our protracted mod-occasion, leaves the quantum of each to be judged 'eration, &c., &c., Great Britain, with hostile in- of and decided by Congress, where the responsiflexibility, perseveres in trampling on essential bility did and ought to rest; and he was unwill. sovereign rights; rights at least," which no indeling, by receding from his Constitutional duty, to pendent nation can relinquish.” Here then, it is revert this responsibility upon the Executive. evident, the President conceives, that our inde It thus appearing, said Mr. G., that the force pendence as a nation is brought into question, demanded was for the purposes of war, if unforand put at hazard. Can any subject present a tunately we should be driven by Great Britain to more awful and imperious call upon Congress to that last resort; and that although the war would exert and apply the whole energies of the nation, be undertaken upon principles strictly defensive, than a question of independence? The plain En yet, in its operation, it must necessarily become glish of all this communication, he understood offensive on our part; and that Congress was to to be, that all the inefficient measures, which have determine exclusively upon the adequacy of the been adopted in relation to the belligerepts for means for conducting it; he would now proceed three years past, had not answered the expecta- to inquire more particularly, first, whether the tions of their projectors; but, instead of the ex. committee had recommended a force more than pected recession, had produced, on the part of adequate to the purposes of the war; and second, Great Britain at least, in flexible hostility. This whether it was within the capacity of the United was a very natural result, and one which he had States to supply the force thus recommended. always anticipated, as was well known to this Mr. G. said, ibat in estimating the quantum of honorable body. But the Administration, having force demanded by the existing crisis, it appeared learnt wisdom by these feeble experiments, had to him, gentlemen had not given sufficient connow determined to change its course, and for the sideration to the attitude assumed by the United purpose of rendering this hostility more flexible, States in relation to the Floridas-o the extenhad at length resolved, instead of commercial resion of our Southern and Western frontiers—to the strictions, to try the effect of physical force. An latè hostile acts and threatenings in that quarteradequate force is therefore demanded by the Es- nor to the importance of Orleans, its exposed poecutive, and the adequacy of the force is very pro- sition and defenceless situation. These circumperly referred to Congress, where the responsi- stances, however, entered deeply into the considbility is placed by the Constitution, where it ought eration of the committee, had induced it to conto rest; and, for one, he was willing to take his clude that the whole Military Establishment now full share of it. But, sir, the President goes on authorized by law, if completed, would not be further. After designating the objects, he points more than sufficient, perhaps insufficient, to anout the standard for ascertaining the adequacy of swer the necessary objects of the Government in the force demanded for their effectuation. To his the scenes just described. It was, therefore, inofficial responsible Message, he tells us that “Con- tended that the whole of that force should be left gress will feel the duty of putting the United free to act therein, according to circumstances, States into an armor and an attitude demanded and that the additional force now recommended by the crisis, and corresponding with the national should act exclusively in the northern and eastern spirit and expectations." T'he standard here point- portion of the Union. This force no gentleman ed out for calculating the quantum of force to be will pretend can be too great for our objects in supplied is " the crisis," which had been previously that quarter, in the event of war unaided by the described in the most solemn and imposing terms, existing establishment.

Hence it was a matter and “the national spirit and expectations.”Whe- of great surprise to him that the Western gentle. ther the committee had reported too great a force men should wish to dininish the number of men for subduing the crisis, he was willing to submit now proposed to be raised; because he believed

SENATE.
Additional Military Force.

DECEMBER, 1811. that every man deducted from the proposed force, and important position, that 1,000 would not anwould take one from the force intended by the swer, with the precarious and accidental aid of committee to protect our Southern and Western the local militia ; that 2,000 ought to be calculafrontiers. These geotlemen, he presumed, must ted on for that service; and if, with the aid of the be belter judges than bimself, how many of įhese local militia, they could protect New York against men they can generously spare from iheir own the force Great Britain might detach against that protection; but, for his part

, he thought there city, they would perform iheir full share of the was not one to spare from these objects

, and the toils and perils of the war. Two thousand men, committee were willing to give ihe whole of completely furnished with all the means of anthem that destination.

noyance, possessed of all the skill that military With respect to the protection of New Orleans, science could afford, and impelled by all the subhe knew it was the expectation of the late Ads ordination and management that military disciministration, that in the event of war, Great Brit- pline could impose, with the aid of the local miliain would possess herself of that city; and it tia also, would deserve well of their country if was not their intention to incur the expense of they should preserve New York from the grasp of being constantly prepared to repel the first incur- Great Britain, in case she should think proper to sions of the enemy-he did not know the inten- direct the force she might have at command tion of the present Administration in that respect, against that city. Then why, send one thousand but presumed it was acting on the same policy on a service, when we koow that two thousand In case the British should take possession of Or- are necessary, and perhaps incompetent ? Is it leans, the Western people must necessarily be because the United States have not the capacity called upon to drive them out, and he doubted to send 2,000? That question shall be examined very much whether it would be either a very ac- presently. The same observations will apply to cepíable occupation or a very easy task. He had the protection of Rhode Island, where 2,000 more always disapproved of this policy, and in the will be necessary; and 1,000 will be as few as , event of war, he thought it wise, not only to be can possibly be detached for the other fortificaprepared for defence at all points, but to give tions. Admitting then 5,000 men to be necessary the first blow. He believed, in the end, it would to man the various fortifications on the seaboard, be found not only the wisest

, but the most eco- and supposing every man to be raised, as proposed nomical policy, both in blood and treasure. in the bill, there will be a disposable force of only

Having presented to the Senate the objects to 20,000 men for the occupation of Canada. But which the existing Military Establishment ought upon the Executive project there would be left to be assigned, according to the views of the com- for that service only 5,000 men; unless indeed the mittee, he would proceed to inquire, whether the Western and Southern frontiers should be left uoadditional force recommended would be more than protected, or the fortifications on the seaboard competent to the objects to which it must neces should be only half manned, and of course left to sarily be assigned, and which ought unquestion the sport of the enemy. Mr. G. said he appreably to be effected by it. In case of war, an event hended that, in the first onset of the war, Great he deprecated as much as any gentleman present, Britain would direct her force to the occupation the new army would have to man your fortifica- of New York and New Orleans; and if she should tions on the seaboard, from Norfolk io the extrem- possess herself of those iwo points, he would venities of our territory, North and East, and to oc. iure to predict that the Administration which cupy Canada. These are the coniemplated and commenced the war would not finish it; espeindispensable objects of this army, in the estima- cially under a system of policy, which would only tion of the Executive and the honorable mover, furnish one half of the means deemed necessary as well as of the committee. The question will, for their protection-yes, sir, known to be inadetherefore, turn upon the accuracy and correctness quate at ihe time of applying it. What apology of their respective calculations as to the quantum could be made to an injured nation under such of force necessary to effect these objects.

circumstances? We knew 2,000 men to be neces-, Mr. G. said he had a conversation with the sary for the defence of New York; but wé sagely Secretary for the Department of War, in his char- determined to apply 1,000 only to that object, for acter of chairman of the Committee of Foreign fear of incurring the expense of the requisite num-. Relations, in which the Secretary did endeavor ber. This would be self-condemnation. The to demonstrate to him, that a smaller number of people would lose all confidence in such calculamen than 25,000 would answer these objects; but iors

, and would certainly make the experiment so far from producing this conviction, it satisfied of a change. Under such circumstances, Mr. G. him that the number was too small. He thought said he would be the first to cry out for a change that every ipference drawn by the honorable Sec- of Administration, for it would not be possible to retary ought to have been inverted, For in- lose by it. Defend New York with all the judge stance, he was asked, how many men were indis- ment and skill you can command ; fill the fortifipensably necessary to man the fortifications at cations with the full complement of troops amply New York? The honorable Secretary replied provided, call in the local militia, &c., and he 2,000; but he intended to make 1,000 answer, and should not be surprised if the British should get would rely for the rest of the complement on the possession of that city. But then there would be local mililia. Now, Mr. G. said, he inferred, if no blame on the Administration; all its duties 2,000 men were necessary for that most exposed I will have been performed; and the result would

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