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under their consideration, and turned it over in one way or the other. This proves that there is in their opinion some defect. We must now remedy that defect if we can; it behooves us to do so; and if I shall be fortunate enough to point out the propriety and mode of making this alteration, I shall have done my duty. We will go further back than the adoption of the Constitution; we do not recollect the whole body of the militia ever to have been brought into action to such effect as our strength of numbers would have warranted, if the militia had been properly organized; there was a defect somewhere, which should be remedied without going either to one extreme or another. If gentlemen will turn their eyes to the bill on the table, they will find that our project is to steer between the two, not to harass the militia, but to render them fit for efficient service, by taking only those that can be best spared from home, and, when in actual service, can be most relied on. History itself furnishes no instance, let the mode of warfare be what it might, where the whole body of the militia were ever called into actual service, and kept there for any length of time to advantage. If there was much marching and fighting, the old men with families would soon find the way home; they could not be relied on for a length of time. I remember often to have heard this complaint made before the Revolutionary war; when we were at war with the Indians. Nay, further, if we go among the savages, we find that they do not all turn out to battle, and leave their women and children only behind; they take neither old nor young men, I mean their lads, to battle, but such only as may be useful in the field.

H. OF R.

not less than five thousand men on parade at a time, in the midst of winter, almost naked, without shirts or shoes; ofttimes have I seen them march on the frozen ground barefoot, marking their footsteps with blood as they marched. At the times here spoken of, the Army was reduced to the awful necessity of going into the adjacent country and threshing out the grain from the straw, and, while thus engaged, the poor and almost naked women, with their helpless babes crying round them, would ask, with tears running down their withered cheeks, for God's sake not to take all, telling the soldiers that that was their all, and when that was gone they must starve; that they had no money, nor wherewith to get money. Now, my object is to avoid such another scene-not only on this account, but in some of the Southern States we have an internal enemy, an enemy within our own families. There should always be a sufficient force left at home to awe and keep that enemy down. By taking out the junior class only, we shall always have a sufficient number left to quell and keep down insurrection at home. We shall presently show that we have a sufficient number of young men under the age of twenty-six and over twenty-one, to meet the enemy whenever they are called on. We have three great points of assault, New York, Charleston, and New Orleans, and I shall I trust be able to show that we have a sufficient number of young men of the junior class to keep up a continual force, if necessary, to meet all attacks. It behooves me now to show what disposition I intend to make of the minor class-young men under twenty-one years of age. It is not my intention that they shall be called into service, except in case of the utmost necessity, and then only within their own State. We find, from report, that to be the rock on which the Emperor of France has split. He takes his men when in their infancy, from the age of eighteen. They ought to be left until they are twenty-one, to lay

When we recur to the times of the Revolution, which every old gentleman recollects, and every young one has heard of, every one then in service will attest the fact, that wherever the body of the militia were called on to march, old and young together, the old men soon found their way into the hospital; they would complain of old rheu-in a sufficient stock of information to carry them matisms, &c.; they would often fatigue and break down the young men by imposing on them the additional burden of their knapsacks.

into life. Let them learn trades or attend to their studies; for we consider the trade or profession which a man learns in his youth, whether meMy object is to leave at home the senior and chanical or mental, as a fortune; and therefore minor classes as much as possible; nothing but we do not wish to interrupt them until they have imperious necessity and imminent danger should completed their studies or trades, except imperious call them to the field, and that within their own necessity should require it. It is necessary that State, or in the neighboring State. I wish not to every man should have somewhat from which he derange the state of society, which must be the he may receive subsistence during his passage case if the whole body of the militia are called through life. During his minority he lays up by out at once. During the last war, we saw not learning a trade or profession, a principal, the inonly fields and neighborhoods, but whole States, terest of which supports him after he attains the laid waste from being deprived of their cultiva- age of twenty-one. We also well know that tors. I wish to avoid this evil; I wish to leave young men under twenty-one cannot stand hardmen enough at home to cultivate the earth and ship; they may do some service; they may march take care of the crop. It is well known to gen- about a little, but their system is not matured'; tlemen of the Revolution, that while we lay at they cannot undergo fatigue. We also know that Valley Forge, in Pennsylvania, at Middlebrook, it will almost take two men of eighteen years of in New Jersey, and at other places, we were al-age, each, to cope with one of twenty-five in most in a state of starvation, because all hands, bodily strength. meaning the whole body of the militia, had been called out, and cultivation and manufactures neglected. I have seen (and an awful sight it was) 10th CoN. 1st SESS.-47

We shall now proceed to show the numbers of each class, as nearly as they can be ascertained from the census of 1800. We have taken the

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authority of the best statistical writers for the progressive numbers.

The census of 1800 gave of males from twentysix to forty-five, 432,193. I am not very particular as to fractions, they being of little consequence. The annual increase from 1790 to 1800 was about three and one-half per cent., which we will assume for the increase since the last census, being seven years. This will give us an increase since 1800 of 105,882, which, added to the number by the last census, makes 538,075. From these deduct, unfit for service, as nearly as we can ascertain, 35 or 40,000. We have taken, for the sake of equal numbers, 38,075; which leaves 500,000 men, who may be relied on if the danger should be so great as to call for all men over twenty-six and under forty-five.

JANUARY, 1808.

the result? The report just mentioned will show that you cannot rely with confidence on the militia in its present state; nor can you on volunteers. The last will do for a moment at the commencement of a war. In case of invasion they will do very well for the moment. They do not go out with a view of brushing their own coats, washing their shirts, and to cook their victuals; they expect to call for the best of everything at every house. Some gentlemen volunteers went down lately to Norfolk from Petersburg and Richmond. They conceived themselves on a level with the officers; it would not do; they came home disgusted, and you will not get them to go again. What was the case during the last war? When a large troop of volunteers was raised (I know the fact, I had a brother among them, and can thereBy the census of 1800, those over twenty-one fore speak of it) they came prancing to General and under twenty-six, were between 190 and WASHINGTON. The old General asked them what 200,000 men. To this add, for the increase since, they could do? "Fight for our country," said by the rule just laid down, 49,400; which will they. "Will you go into camp with the Army make 249,000, under twenty-six and over twenty- and do regular duty ?" They answered "No." one. Deduct from this number eight or 9,000, for "You have my thanks, then, gentlemen," said the those unfit for service. For the sake of round veteran, "go home again." This was only to make numbers deduct 9,000; which will leave 240,000 a show, they intended nothing else; they may do able men. We will suppose wanting at any one for a moment; but there must be method and regtime, 30 or 40,000 at each of the three great points ularity in our Army. It will not do to have a I have mentioned, which would still leave enough large body of men collected for any purpose withat home to supply the succession and deficiencies. out it. And therefore it is, that as the great mass Out of this class of men, then, between twenty-of our militia now stand, no reliance can be placed one and twenty-six, could be called out sufficient upon them. It will not answer to rely on regu for service, at any one time, from 90 to 100,000, lar troops. It is easy enough to raise a standing and leave double that number still in requisition. army, but it is difficult to disband them. We had If, however, it should be thought that 240,000 at the close of the last war an awful testimony of would not be a sufficient number, we have only the truth of this. Nothing but the vast weight to take all under twenty-seven instead of twenty- of character of General WASHINGTON, who, desix. Those between twenty-six and twenty-seven, scending from his high office of Commander-inadded to the others, would form a body of 280,000 Chief, mixed with them as a brother soldier, could men, without taking any under twenty-one or have prevented them from revolting. See what over twenty-seven. It is about this time of life, a clamor is now raised, and rumors afloat through twenty-six or twenty-seven, when a man begins the country, about your standing army of 3,000 to know mankind; they have then sown their men. Get a man sufficiently popular for Comwild oats, as we generally say; they then wish to mander-in-Chief of a large standing army, and settle and see a family rising up before them; they what sort of government should we soon have? feel vigorous, and wish to show their activity and We may shudder even to think of what might be strength, in running, tumbling, and wrestling; the result. Look at the contrary side, as now they think themselves great men; they wish to proposed to regulate the militia. You take them travel and see the world; they have a roving dis- from the bosom of their families for one year. position. This is the moment to lay hold of them At the end of that term they will be anxious to and make them good soldiers. I know well that return home. Mutiny will not arrest them. With it will be said by some that it is an invidious dis- avidity they will return; a tear of joy will bid tinction to stop at twenty-six or twenty-seven. them welcome. Why may not the same be said of stopping at forty-five or beginning at eighteen? It is said that this classification will tear up the old militia system. I do not care how soon it is plucked by the roots; we have had enough of it. Why persist in a system which we cannot get along with? What is the consequence? To show what that is, it is only necessary to read the report of the Secretary of War. Under an exertion of all the energies of the commanding officers, after the insult of the 22d of June last, on the Chesapeake; after the Executive officers had exerted themselves to procure the best information upon the subject of the militia held in requisition, what is

Gentlemen say the bill does not give us detail sufficient. We can fix all this when we have once passed upon the principle. This I repeat; nearly one year has elapsed since the outrage committed on the Chesapeake, and yet no return of volunteers or militia. This goes to show that volunteers are not to be relied on, and also that the militia laws are defective.

I hope we have shown that we have strong reasons to suspect that the present militia system is not the best that can be devised. We have shown this from the best testimony in our power from the adoption of the Constitution to this day. From the communications of the President of the

JANUARY, 1808.

Classification of the Militia.

H. OF R.

As a reward for the services of these young

United States to Congress, and from State Gov- I know this man; I have known him from my ernors to the State Legislatures, it may be seen youth, and can confide in him. that the subject has almost always been introduced and recommended to the consideration of the Le-men, after a campaign is ended, let them keep as gislatures. If this is not the best system that can their own property the arms with which they be adopted, I am willing that any gentleman fought, which will be handed down from father should propose a better. Let us see any other sys- to son: "This is the piece I fought with." Let tem, we will examine it thoroughly and act with it be engraven on the barrel, this belongs to such our best judgment on it. This is a time when a one, he earned it by serving his country at such the whole United States are in danger, and some a time. After men have served one year, suffimodification of our present system must be made. cient numbers will be found to replace them, who Towards the close of the last war the militia will be anxious to see the country, and travel over began to fight very well. In Kentucky the fight- the Union, emulous of fame; and when they have ing men were numerous. After the attempt of served a tour will long to return to their kindred, the Army, at the close of the war, to turn their loaded with an honorable pledge of the service arms against their country, Government placed done their country. their soldiers when out of service on the frontier, It is certainly a desirable thing that the physiwith the natives on their borders, with whom we cal strength of the country should be applied in were then at war. Virginia gave lands to her the most advantageous manner to the protection soldiers which were in the back-ground. Why? of the country. We admit that some men marry Because it would not do to fix these men of seven early. In this case let them hire men as substíor eight years standing among the body of the tutes from their own class. This substitute may people. We will give them this land, said the serve out his time and return. By that time anoofficers of Government, and let them go and fight ther young man may have married, and his subthe Indians. The reason was, that they had serv-stitute, being accustomed to service, may go out a ed seven or eight years in the regular army. This second term. By the adoption of this principle of fungus, a standing army, was applied on our fron- classification you get the best blood of the country, tiers as a breast work and safeguard, to keep off that which you can rely upon. You will not see the savages; we wanted to keep them out of the your hospitals filled with old men disabled by the way. We could have burnt up the Indian towns rheumatism and gout; nor will you see children in and put an end to the whole race immediately; the ranks, trembling at every leaf that falls around but we did not wish to do it; we wished to keep them, not sufficiently hardened to lie out upon our old soldiers fighting till they cooled off from the ground covered with ice and snow. If we the habit of inactivity acquired by service in the go on in the same bungling manner as heretofore, we shall never have an efficient militia; you will annually receive the President's Message recommending the subject to your consideration.

war.

We have endeavored to show that volunteers will do but for a moment, and that when there is nothing to do, and they can have both male and female waiting upon them. They cannot be relied on in war. They are not the kind of troops for service when invaded by a powerful enemy.Volunteers may do for sailors or marines, if they choose to go to sea. We have endeavored to show that classification is the only mode by which they can be relied on for the real service of their country; that old men are not the best for service; that young men under twenty-one ought to be kept at home till they get enough of experience to serve them through life; and that young men, over twenty-one and under twenty-six, have a propensity to be in action, to serve their country and to acquire fame.

Some gentlemen make objections to the mode of officering. I have no doubts upon that subject; the thing will work well-this the Constitution has reserved to the States themselves. When officers are wanting, young men can always be found peculiarly qualified to conduct their companions to the fight-young men of high standing and weight of character. The soldiers, having themselves choice of their commander, will choose one out of many candidates, as there always will be, in whom they can confide. I presume, young men of first talents and enterprise will have preference. Let them have a man to command them of their own age. They will say one to the other,

I hope gentlemen will think with me, and not impute impure motives-the fact is, I have two sons that will soon be twenty-one, and I love them as much as any man can, and perhaps can say what few can. The first property I gave each of them was a gun; and I have enjoined it on them in my will, that it was given them to defend that country which their father had assisted in delivering from bondage. My son's gun will impress on his mind that he must fight when his country calls for his services; it is his fortune. I hope gentlemen will take a serious view of the subject that every man will lay his shoulder to the wheel, and rise up to the East and West, South and North, to prepare for the protection of his domicil. Gentlemen have said that this is a new project, that it will create confusion now, when the service of our militia is most wanting. It is because of the crisis that I have at this moment brought the matter forward. The present system is acknowledged to be defective; we wish to make it as efficient as possible-that our countrymen may know who must march at a moment's warning.

In Virginia, during the last war, young men, merchants, lawyers, and doctors, went out to battle, staid two or three weeks, took sick and went home. As long as every door was open, the hand of every man giving them friendship, and caressed

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by every woman, they stood their ground; but when dependence was placed on them for service, they were off. I recollect a circumstance of some new militia just come into camp on the eve of a battle. The time of battle soon came; these men were placed in front; but no sooner did the redcoats, as they called the English, come within one hundred yards, than they threw down their arms and ran as though their lives depended altogether on their heels for preservation. When they were asked, where are you going, boys? Did you ever see the like said they, we cannot stand them. When the red-coats come now, it will be just the same. Substitutes towards the close of a war become good soldiers. I know that substitutes are objected to by some gentlemen, they wish every man to stand in his own place, all to stand on the same footing. In my humble opinion this would be bad policy, because all men have not the same gifts. Some cannot fight from religious principles-others cannot fight for the want of nerve. The bill has made provision for such, if they cannot fight, let them furnish a substitute. We know all men are not gifted alike: the strength of some lies in one way, and in others another; Samson's lay in his hair. Now on this floor, some gentlemen of strong minds, who think a great deal, never talk; while some who talk incessantly, appear never to think at all. It certainly would be a great economising of public time and money, for some to think more and talk less. I am not in the habit of public speaking, not being mechanically bred to it; I nevertheless offer my mite in support of the proposed system. It is a great project; and although not fluent of speech, yet I am willing to be tested by my votes and actions, from the year 1776, the time I commenced my political career, to the present day; and I defy any man to say that I ever gave other than a republican vote, or did any other than a republican act, while acting as a public man. I know the word republican is with some a hackneyed word; but I mean the true elective principles of Republican Government. I went young into the Army myself; I was never out of it, after I entered it, until the conclusion of the war. I have been thirty-two years in public life. I mention this to show that I am entitled to claim a knowledge of mankind.

You may exercise your militia from the age of eighteen, till they arrive at forty-five, and after the whole twenty-seven years mustering they will not know the manual. My object is not to call out any man till he he is wanted; and when they are wanted, to call them out, and in one fortnight they will be ready for service, and in a month may take the field, already soldiers-comparatively speaking. There will attend this system no expense in time of peace. I have seen a number of projects for taking legions into camp for six months at a time. The project will not do. When you take your men to the field, let them think of nothing else but fighting-not even of women. These half-way soldiers, half regulars, and half militia; would be of no account. They would be a heterogeneous mass, fit for neither the one thing nor the other. What do we hear of the

JANUARY, 1808.

sailors at Boston, who cannot go to sea, on account of the embargo? The finger of Heaven pointed to an embargo. [Here Mr. CLAY pointed to the Potomac river, which was frozen over.] It is mere pretence. They are now, we understand, assembling about the town demanding what they are to do; we know they are set on by artful and designing men. If these sailors are so riotous, what would a standing army be when disbanded on account of peace, if set on by artful men? They would, if able to do it, overturn the Government.

I hope the representations which I have made may be taken notice of by every gentleman in the House. It does not seem accordant with military regulations to place the father and son in the ranks together; the son feels an awe of his father; is under restraint while he is with him; old men and young do not agree well together; their habits are not congenial. I have a great desire that young men should be as much at liberty as possible. Let them learn trades and pursue their studies while young men; let the young man alone till he is perfectly instructed, otherwise you will make him jack at all trades, and good at none. At about twenty-six or twentyseven years of age it is too late in the day to set about learning a trade; and although we have few or no tradesmen in the part of the country where I live, yet I wish to encourage our domestic manufactures. The time is near at hand when it will be our policy to foster and cherish them.

In the last war, when men were indiscriminately called out, on their leaving their families, you might see a man of forty or fifty years of age, with his wife and a train of children and grandchildren crying after him; at the same time one of his sons or grandsons, a lad of not more than sixteen or seventeen years old, marching by his side; and at the time the army was in a state of starvation, because men of all ages were taken to the field and none left to till the earth. This, in my opinion, was bad policy, none ought to be taken but such only as might have been useful in the field; the remainder ought to have been left to have cultivated the earth and to have assisted in domestic manufactures, and then your armies, instead of being naked and hungry, might have been well fed and well clad. And here the proposed system is certainly preferable to the old. I have given to the House the best estimate I have been able to procure. If we fill the blank with "over twenty-one and under twenty-six" we shall have 240,000 men. If gentlemen think that is not enough, insert twenty-seven instead of twenty-six, and it will give us 280,000 militia, after deducting a sufficient allowance for the number unfit for service. I should suppose that 280,000 efficient militia, dispersed through the United States, are at least as many if not more than will be necessary to hold in requisition. I know that some gentlemen wish the limitation of time to be extended further; but I wish to leave society in as undisturbed a state as possible. We find that other countries wage war, and carry on agriculture and

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WEDNESDAY, January 20.

H. OF R.

manufactures at the same time. I wish to do so here to establish an efficient militia to go to any A report was received from the Secretary of part of the United States. We may call out the the Treasury, in pursuance of the resolution movmiddle class of 280,000 men to any part of the ed by Mr. VAN HORN, on the 9th instant, stating United States, and still leave the body of the citi-that there are no documents in the Treasury zens in a situation to earry on agriculture, com- showing the amount of tonnage exclusively emmerce, and manufactures, and the minor class ployed in the exportation of articles the produce learning their trades and pursuing their studies. or manufacture of the United States; and that Young men cannot think hard of it. Whenever the tonnage used at present for the exportation of their country calls for their service they ought to articles of domestic growth, produce, or manufacgo, or leave the country. Let every man stand ture, might, supposing each vessel to make but in the station to which he is called by God and one voyage, be estimated at about 780,000 tons. society. Let him attend to the duty his country requires of him, and then return to the bosom of his family adorned with the honors of a republican, the arms he fought with-not with stars and garters, the baubles of a court.

The true plan of Cincinnatus was to fight when his country called for his services. I wish the same example to be followed now. WASHINGTON exhibited it as a pattern to his country; it is the example I wish to follow-it is the one I wish my sons and countrymen to follow.

I will state merely for the satisfaction of gentlemen, that, agreeably to the census of 1800, there were under the age of twenty-one, and over eighteen years old, 120,598 males, add to this for increase since, 29,540, makes 150,138 Over sixteen and under eighteen, little upwards of

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Add all between sixteen and twenty-one, makes

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80,000

100,000

250,138 - 240,000

Then say fit for service, only about
Of those over twenty-one and under twen-
ty six, about
240,000
Between twenty-six and forty-five, about 500,000

1,560,266 It is not intended the minor and senior classes

shall be called upon but in case of urgent and imperious necessity.

This communication was referred to the Committee of the Whole, to whom was referred Mr. DANA's resolution relative to seamen.

On motion of Mr. CLAY, the House went into a Committee of the Whole on the bill respecting the Militia, but a Message in writing being received from the President of the United States, before any progress was made, the Committee rose and obtained leave to sit again.

The Message from the PRESIDENT OF THE UNI-
TED STATES was then read, as follows:
To the House of Representatives of the United States:

Some days previous to your resolutions of the thirteenth instant, a Court of Inquiry had been instituted at the request of General Wilkinson, charged to make the inquiry into his conduct which the first resolution desires, and had commenced their proceedings. To the Judge Advocate of that court, the papers and information on that subject, transmitted to me by the House of Representatives, have been delivered, to be used according to the rules and powers of that court.

The request of a communication of any information which may have been received at any time since the establishment of the present Government, touching Union, or the corrupt receipt of money by any officer combinations with foreign agents for dismembering the of the United States from the agents of Foreign Governments, can be complied with but in a partial degree.

It is well understood that, in the first or second year of the Presidency of General Washington, information

was given to him relating to certain combinations with the agents of a foreign Government for the dismemI hope I have said enough to bring this subject berment of the Union; which combinations had taken fairly before the House-my object is the liberty place before the establishment of the present Federal and salvation of the United States. I consider it Government. This information, however, is believed the best and safest mode of defence. My sons never to have been deposited in any public office, or will share with their neighbors, they will soon be left in that of the President's Secretary; these having in the junior class; let them serve with their fellow-been duly examined; but to have been considered as men, I wish them to do so. I could not touch personally confidential, and therefore retained among upon this subject without entering fully into the his private papers. A communication from the Govprinciple of classification. This system will fur-ernor of Virginia to President Washington, is found in nish a sufficient number for service, and leave enough at home to awe and keep down insurrection, and to cultivate the land. Those who go out to service may receive arms from the national magazines; but these when received I wish them

to retain as their own. I have reserved some observations which I wish to make hereafter, when we come to those parts of the bill where they apply. I move to fill the blank with twenty-six; it will then read, over twenty-one and under twenty-six years of age.

The Committee now rose, and obtained leave to sit again.

the office of the President's Secretary, which, although not strictly within the terms of the request of the House of Representatives, is communicated, inasmuch as it may throw some light on the subjects of the correspondence of that time, between certain foreign agents

and citizens of the United States.

President Adams, Andrew Ellicott, then employed In the first or second year of the Administration of in designating, in conjunction with the Spanish authorities, the boundaries between the Territories of the United States and Spain, under the treaty with that nation, communicated to the Executive of the United States papers and information respecting the subjects of the present injuiry, which were deposited in the

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