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conceived that an inquiry ought to be had in this matter, as, were it true, it would certainly be a disqualification; he therefore moved that the Committee should rise, for the purpose of recommitting the report.

Mr. Key rose to second the motion of the gentleman from Vermont: it was his wish that a charge insinuated privately should be examined publicly. He himself had never concealed the foibles or follies of his early life; but he had, ever since he came into the councils of his country, relinquished all claim to any imaginary rank, and to any profit which he had derived from a foreign Government. He was convinced that the mode which had been adopted, of attacking him by insinuations, was peculiarly fatal; like the wound of the poisoned dart, which, though it heals to appearance, in time inflicts a certain death. Messrs. DANA and SMILIE supported the motion, for the purpose of investigating the allegation. Mr. GARDENIER opposed it.

H. OF R.

ing proof that could be adduced is my election to a seat in this honorable body.

Mr. MACON did not think this the proper way of getting at the proposed inquiry. He was opposed to blending the two cases together in deciding on the title of the gentleman from Maryland to his seat in the House. There was one question now before the House; by uniting the other with it, it might produce an improper bias on the mind of the House. A report was now made, and could be decided on, but if recommitted, the two distinct questions would be perplexed by being joined together. It was a rule, in justice to a sitting member, that decisions should be distinctly had on the specific facts stated by the persons contesting his election.

Mr. BACON said that the gentleman from North Carolina (Mr. MACON) had probably stated, with House usually hold themselves bound in cases of correctness, the general principles on which the this sort. That the reason why they usually confine themselves to the case stated by the Committee of Elections on the specific grounds of objection which had been laid before them by those who came forward to contest the election of a sitting member, was from a principle of justice to the member whose seat was in question, in order that he might not be surprised by objections which he could have had no fair opportunity to meet; but as this rule was adopted only from a regard to the rights of the sitting member, it could not surely be improper for the House to depart from it, when they had the consent of that member to do so. What was the state of the case now before the House? The gentleman from Vermont states, in his place, that he had been informed from a source which, in his mind, entitled it to credit, that a fact existed in relation to the gentleman from Maryland who claimed a seat, which was not stated in the report of the Committee of Elections, but which would have a governing influence in determining the right of the member to retain his seat. This fact was denied by the latter, and an inquiry into the truth of it was solicited by him. Certainly, then, the House could not do justice either to themselves or the sitting member, without giving an opportunity for such inquiry; and if there was, as had been suggested, any departure from the customary course of proceeding in the mode proposed by the gentleman from Vermont, it was with the consent and desire of all the parties concerned, and it was a well known and correct maxim that consent took away error; he was, therefore, in favor of the motion now before the Committee.

Mr. KEY said, as these assertions had been made, it was surely incumbent on the House to examine into the facts, for, were the allegations true, it would be good ground on which to vacate his seat. It was true that, when a person was once declared entitled to a seat, it required twothirds of the House to expel him, but he would never take shelter under this provision. If a majority of the House thought he was not entitled to his seat, he would not hold it for a moment; but he wished that the matter should be investigated immediately, that the House might decide whether or not he was entitled to his seat; for, the impressions against him being removed, they could, without bias, decide whether or not he was, according to the report of the committee, duly elected. He was, therefore, in favor of the Committee rising, to give an opportunity for investigation; he cared not for the mode of inquiry which should be afterward adopted. He understood that this matter had been hinted at in the Committee of Elections, but had been there abandoned for the want of foundation for the report. He had heard it asserted that, when Mr. Monroe arrived, documents were expected to be received to prove the existence of such a fact. He knew that Mr. Monroe had been written to, and during the contest preceding Mr. K.'s election it had been industriously circulated and reiterated at every meeting against him. Mr. M. had returned from England, and had passed some time in this city, yet nothing had fallen from him to contradict the denial of these assertions which Mr. K. had made. His constituents knew the very circumstances of the follies of his early life, and his enemies had represented to them that having been once, twenty years ago, in the British army, he was not a proper person to represent them. The people scouted the idea, said Mr. K.; they knew me from my infancy, and knew my follies; but I had returned to my country, like the prodigal son to his father, had felt as an American should feel, Mr. DAWSON said, that the name of Mr. Monwas received, forgiven, and restored to the confi-roe being mentioned on this floor by the gentledence of the people, of which the most convinc- man from Maryland, (Mr. KEY,) in order, he pre

After some observations from Messrs. QUINCY and LYON in favor of the rising of the Committee, in the course of which Mr. LYON observed that sixteen months had elapsed, in which time, had there been truth in the report, the opponents of the sitting member would have collected evidence in proof of it, and would have come forward on that ground to contest his election

H. OF R.

Classification of the Militia.

JANUARY, 1808.

Ordered, That the Committee of the Whole be discharged from farther consideration, and that the said report be recommitted to the Committee of Elections, farther to consider and report thereon to the House.

THE MILITIA.

sumed, to have some bearing on this question, or B. Key. After some time spent therein the Comto make some impression on this House, he deem-mittee rose, and were refused leave to sit again. ed it proper in him to state a fact. When Mr. Monroe was in this city, said Mr. D., I had a conversation with him on this subject, in which he stated that, while in London, he received one or more letters requesting him to make an inquiry at the proper office relative to Mr. KEY'S situation with the British Government; but considering it not within his official duties, and for reasons conclusive in his judgment, he declined so to do: that he never did make the inquiry, and was totally uninformed on the subject. Mr. D. said, he had thought it due to Mr. Monroe and to justice to make this statement, lest an erroneous impression should be made on the House.

Messrs. DESHA, SLOAN, GARDENIER, RHEA, and HOLLAND, supported the motion for the rising of the Committee, that an investigation might be had to do away unfavorable impressions from the existing report to the prejudice of Mr. KEY.

On motion of Mr. CLAY, the House went into a Committee of the Whole on the bill for classing the militia. Mr. CLAY's motion for filling the blank with "twenty-six" being yet under consideration. Mr. CHANDLER moved to fill it with "twentynine" years. Negatived-yeas 5.

The question was then taken on Mr. CLAY'S motion and carried, 41 to 36.

Mr. SOUTHARD moved to strike out the first section, (virtually to reject the bill,) in order to try the sense of the House on the principle of clas

sification.

Messrs. HOLLAND, NICHOLAS, MACON, CLAY, and CHANDLER, supported the general principle of classification; Messrs. SOUTHARD, KELLY, TALLMADGE, and QUINCY, opposed it.

When the Committee rose without taking the question, and the House adjourned till Monday.

Mr. GARDENIER contended that every person was eligible to a seat in this House, except expressly disqualified by the Constitution. Now, there was nothing in the Constitution which disqualified a person from being elected a member on account of his receiving a pension from a foreign Government: so that, even were the report correct, it was not connected with the matter under consideration by the Committee of the Whole, which simply was, whether Mr. KEY was duly elected. With regard, however, to the feelings Mr. GEORGE W. CAMPBELL, from the Commitand prejudices of gentlemen, he should vote for tee of Ways and Means, presented a bill making the rising of the Committee, because, though the-appropriations for the support of the Navy of the oretically right, he might be wrong, and perhaps he ought not always to adhere too closely to correct principles.

At this point the Committee rose, and had leave to sit again.

FRIDAY January 22.

On motion of Mr. MARMADUKE WILLIAMS, Resolved, That a committee be appointed to inquire into the expediency of passing a law to punish any person holding an office of profit or trust, either civil or military, under the Government of the United States, who shall receive money, or accept of any present, emolument, office, or title, from any King, Prince, or foreign State, without the consent of Congress; and that they have leave to report by bill or otherwise.

Ordered, That Mr. MARMADUKE WILLIAMS, Mr. LIVERMORE, Mr. TROUP, Mr. JOHN MORROW, Mr. DANIEL MONTGOMERY, Mr. DURELL, and Mr. VAN HORN, be appointed a committee, pursuant to the said resolution.

A message from the Senate informed the House that the Senate have passed the bill, entitled "An act authorizing the erection of a bridge over the river Potomac, within the District of Columbia," with several amendments; to which they desire the concurrence of this House.

The House again resolved itself into a Committee of the Whole on the report of the Committee of Elections, relative to the election of Philip

MONDAY, January 25.

United States, during the year one thousand eight hundred and eight; which was read twice and committed to a Committee of the Whole on Wednesday next.

On a motion made by Mr. Lewis, that the House do now proceed to the consideration of the amendments proposed by the Senate to the bill, entitled "An act authorizing the erection of a bridge over the river Potomac, within the District of Columbia ;" and the question being taken thereupon, it passed in the negative.

Ordered, That the said bill and amendments do lie on the table.

Mr. NEWTON, from the Committee of Commerce and Manufactures, made a report unfavorable to the memorial of the first and second chambers of the Council of the City of Washington, stating that the fees of the collector of the port of Georgetown, at present including Washington, do not sufficiently compensate him, inasmuch as he now receives $200 annually in addition from the public Treasury; for which reason they have thought the prayer for the establishment of a port of entry at Washington, unreasonable.-Ordered to lie on the table, 46 to 36.

Mr. CHANDLER said, he wished to propose a resolution relating to the pay and emoluments of the militia of the United States when called into actual service. The law at present existing on this subject provided that the pay and clothing of the militia when called into actual service should be the same as that of the regular army.

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In the laws relative to the regular army, the United States having in their pay no officer higher in rank than a Brigadier General, there was no provision for compensation of a Major General when called into service, or for a Brigade Inspector or Quartermaster General. He, therefore, moved the following resolution, which was adopted, and Messrs. CHANDLER, TALLMADGE, J. SMITH, BLOUNT, and DESHA, appointed the committee: Resolved, That a committee be appointed to inquire whether any, and, if any, what alterations are necessary to be made in the law providing for the pay and clothing of the militia of the United States when called into actual service, and that they have leave to report by bill or otherwise.

NAVAL ESTABLISHMENT.

H. OF R.

phraseology had been established in the laws heretofore passed on this subject.

Mr. DAWSON.-I am not scrupulous as to the particular form; nor is it material; my object is to procure seamen at this particular moment. The committee did not consider the employment of these men as an addition to the peace establishment of the United States, as the gentleman from North Carolina seemed to consider it. If the gentleman wishes to add them to the Naval Establishment of the United States, his motion might be necessary; but the opinion of the committee was different, they considered it as a war measure.

Mr. MACON.-There is not the least fear that I shall ever wish to increase our Naval Establishment. Everybody knows that I am opposed to the navy; Mr. DAWSON, from the Committee to whom the I am not afraid of being called a navy man. I resolution on the subject had been referred, report-am aware that this phraseology has been used in ed a bill authorizing the President to employ an additional number of seamen in the service of the United States.-Read twice and referred to a Committee of the Whole.

Mr. DAWSON said, he need not impress upon the House the necessity of a speedy passage of this bill, as there were many seamen now out of employ, and several gunboats as yet unmanned; he, therefore, moved that it be made the order of the day for this day. The motion was seconded by Mr. NEWTON. Agreed to, nem. con.

former laws; it originated with the twelve regiments. I was then opposed to it, and have been ever since, and ever shall be. I am for giving to each department its proper share of responsibility. To prevent this from being considered as a part of the Peace Establishment, if my amendment takes place, it will be easy to say at the end of the bill that it is a war measure. My objection is to the putting that responsibility on the President which belongs to another department of the Government. Every President may raise this On motion of Mr. DAWSON, the further con- number of men under the law; I cannot tell what sideration of the bill for classing of the militia may happen. I do not want a Naval Establishwas postponed; and the House went into a Com-ment; but I am opposed to giving to the President mittee of the Whole, yeas 72, on the bill this day reported authorizing the employment of an additional number of seamen.

A letter was offered from the Secretary of the Navy, and read, stating that the whole number of seamen authorized by the law amounts to 1,425; that 1,272 are required in addition to the present éstablishment.

The blank in the bill for the number to be employed was then filled with 1,272, without a division.

The bill was gone through, and the question put that the Committee rise and report it.

Mr. MACON.-It may be necessary to raise these men; but there is a principle contained in this bill to which I can never consent. It gives the President a discretionary power; he may or may not raise these seamen as he pleases. I object to it on another ground; it is a partial bill. I always consider the President as required to put such a law as this into operation when he is authorized to do it; and I wish the law to be expressive of the intention.

Mr. CHANDLER.-I have no objection to leave the President to raise these men according to the exigency of the times; but I object to their being continued in service for a longer time than until the next session of Congress. They should be continued in service as long as the exigency of the case may require, or till the end of the next session of Congress.

Mr. NEWTON differed with the gentleman from North Carolina on this subject; as the same

the power of raising an army of marines, or of any description whatever, with a discretionary power to raise them or not. I wish to say absolutely that they shall or shall not be raised; and that Congress may say whether or not the public exigency requires their service. This discretion is what I have always thought wrong; and no argument has ever convinced my mind to the contrary.

Mr. DANA.-The argument of the gentleman from North Carolina might have answered several years back much better than at the present time; such arguments were then used. For several years past, however, such arguments have not been urged according to former practice, when it was very strenuously urged that a discretionary power should not be vested in the President of the United States. The gentleman was pretty correct about the origin of the practice; but really it has been confirmed so often since, that it has now received the strongest sanctions. I think I have heard the gentleman himself lay it down as a correct principle, that two decisions form a precedent in any case. Since 1801, there have been more than two decisions on this point: so that the gentleman must consider it correct in practice if not in theory. When we come to examine the subject, we shall find it to be correct on principle. If it be decided by the Legislature that certain troops shall be raised, it is either decided that under present circumstances they may be raised, or that under a certain contingency they may be raised. The execution of such a law is necessarily

H. of R.

Naval Establishment.

JANUARY, 1808.

practice is coming round to its former standard, and I shall be in the majority, and he in the minority,

committed to the Executive authority. It is a fair exercise of our powers to say that such a thing shall be done under such circumstances, and whenever an authority is given it is in this dis- Mr. SMILIE. This is a subject which has herecretionary manner. We give the President a full tofore been warmly agitated. Taking the subject power to carry the law into effect or abstain from as it presents itself, I think one reason why disit, if he chooses. In many cases it may not be cretionary powers should be vested, in some inproper to say that the President should or should stances, in Executive officers, is, that Legislatures not abstain from the execution of the law. Every cannot see what events may arise during the time species of military or naval force is but an instru- of their recess. Would it be better for the people ment for executing the laws. The authority given and the country to pass this law absolutely, that to the President in this case is not a general dele- these seamen shall be raised, when we do not gation of power, but merely entrusting him with know the circumstances which may arise, or that an instrument for the execution of our general the situation of our country may be such as to system of laws; for by the Constitution he is au- render such a force necessasy? On the other thorized to take care that the laws be executed by hand, may it not be necessary for them to be raispeaceable means if they can; but if not, by forci-ed while the Legislature is not in session? I ble means. The whole force of the nation is should be sorry, if there were no necessity, that sometimes necessary for the execution of the laws; they should be raised; if there were a necessity, we, therefore, place at the disposal of the Presi- I should regret that they were not raised. The dent the whole force of the country, at the same Constitution does not restrict us on this point, or time saying that, if he does not want the whole, contain any provision one way or the other; but, he may abstain from using it, or take but a part. in point of economy and safety, the measure It is well known that we have given the President should be placed at the discretion of the Presiauthority even to suspend laws. For instance, dent. the non-importation law, over which we have stumbled so often-even this law the President of the United States was authorized to suspend the moment we passed it.

Mr. LYON said, he expected to be in the minority on this question, as he had all along been, on the subject of complimenting the President with the powers vested in Congress. The Constitution Mr. MACON.-One word in reply. I think it had placed the power in Congress, of declaring very likely that I may have stated what the gen- war, raising and supporting armies, and providing tleman has ascribed to me-that I consider two for the maintaining a navy. He had, under the decisions as forming a precedent. That is true former Administration, opposed the relinquishas to ordinary matters, but never on a Constitu- ment of those powers to the President, on Contional question. The passage of twenty sedition stitutional ground. The Republicans universally laws would not convince me that it was a Con- opposed the relinquishment; he saw, and lamentstitutional exercise of power to pass such laws; ed to see, a strong disposition in the Republican nor, I suppose, if we were to repeal twenty judi- majority of the present House, to yield those ciary laws, would the gentleman from Connecti-powers particularly delegated to Congress, and to cut allow that we acted Constitutionally in so compliment the Executive department of the doing. Precedent cannot affect the construction Government, as he ever did in the Federal maof the Constitution. I have no expectation that jority, under the former Administration. This this force is intended to affect the execution of the he considered as another proof, among the many laws; such arrangement would be as well applied he had seen, that power makes men Tories. Mato a standing army of 100,000 men, or to a navy jorities will have an idol, to whom they will pay of fifty ships-of-the-line, as to these twelve hun- their adulation. But, why do gentlemen contend dred sailors. This is a subject on which I have for paying this compliment of their Constitutional often stated my opinion, and I may also tell gen-powers at this time, when there was the most tlemen that I never have found a majority of the same opinion with myself on this point; but as often as a measure of this kind comes before us, so often shall I make a similar motion, till

succeed.

Mr. DANA. I am very glad that I referred to the opinion of the gentleman from North Carolina, for the sake of the nice though just distinction he has made, though I do not recollect that the gentleman's definition of precedent occurred on a Constitutional question, but on the subject of claims; for on that subject the gentleman is peculiarly orthodox. It is competent for any gentleman to call in question the constitutionality of a measure; though I rather think the gentleman must now have the misfortune of being in the minority. Of late he has generally been in the majority, and I in the minority; but now the

evident necessity for employing the seamen contemplated by the bill? If there was no other reason, he should be disposed to employ them during the time of the embargo, to keep them from going to Nova Scotia, to get into the British service.

Mr. L. did not blame the Federalists for adhering to their old principles. The gentleman from Connecticut had felicitated himself in having a majority under the former Administration on these questions, and exulted in being now in the majority. This was not to be wondered at. But, said Mr. L., it does not sit very well on my mind to see gentlemen, with whom I formerly voted on this great Constitutional principle, turning their back upon their old arguments and principles. I want to see gentlemen stick to their text, in fair weather as in foul.

Mr. Cook said that, in many cases, a limited

JANUARY, 1808.

Naval Establishment.

H. OF R.

discretion must devolve upon the Executive. In they could find occupation in various other many cases, he had voted for vesting discretionary powers, and in no case had they been exceeded. The reason why he seconded the motion of the gentleman from North Carolina was, that there was an immediate necessity for raising these men, not only to guard and protect the country, but to employ so many men out of service. It was not necessary that he should here say anything of the state of the minds of those men, which was such as to make it necessary that they should be employed.

Mr. HOLLAND. The present question is to raise men for manning the gunboats, as I understand it. We have, this very session, passed a law giving the President a discretionary power to build gunboats; if the erection of the gunboats is at his discretion, certainly the raising of men to man them should also be discretionary.

The amendment proposed by Mr. MACON was now negatived by a considerable majority.

Mr. CHANDLER moved to strike out the words at the end of the bill, and insert "and may be

continued in service till the end of the next session of Congress, if the public exigency may require the same."

modes. The gentleman from South Carolina had mentioned that these men should be employed in throwing up fortifications. Mr. B. said, whoever knew the life of a seaman, must know at once that this was not the class of men to be employed in this way, if it were necessary; one million of dollars had been already appropriated, and Government would employ such men in the accomplishment of the end as would be the most proper. He could not subscribe to the doctrine that they were to relieve this particular class of men, because they might suffer by the embargo. All must suffer, but they not more than others. If the gentleman who had introduced the bill would show that this number of seamen were necessary, in addition to the present number, he would vote for the bill, but, until the gunboats were built, he saw no reason for employing such an additional number. With respect to the employment of seamen, all the corporations in the different seaport towns had shown a disposition to provide for them, and to ameliorate their condition. He did not believe that, in the five or six weeks, since the imposition of the embargo, that so much distress could prevail among this class of people. He Mr. RHEA, of Tennessee, called for a division knew, from the nature of their habits, that they were not generally prudent men; but he thought of the question, taking it first on striking out. it hardly possible that they could already suffer so The question being so taken, was negatived. Mr. TAYLOR asked the chairman of the Com-ation, why could they not apply to the various much inconvenience. If they were in this situmittee whether there were not in the statute book dock-yards for employment? Was it possible regulations for the employment of these seamen? that the public agents would not give employment He thought the Government should be authorized in preference to this class of men? If they did to employ these men, not only on board gunboats or other vessels, but to aid in the erection of for- not, they would deserve public reprobation. For these reasons, he hoped the House would not agree tifications, or in other business. He believed, unless some rule were now adopted, that they could to the number reported by the Committee of the only be employed in the line of duty as seamen. In some of the seaport towns, the public authori-ed to the report from the Secretary of the Navy, Mr. DAWSON said, if his colleague had attendties had employed seamen in other business than which had been read, he would have spared his the mere service of the sea. observations. The Secretary of the Navy had stated that thirty gunboats were prepared for service, except that they were not manned, and one thousand two hundred and seventy-two was the precise number of seamen wanting for service. They were wanted for the vessels now prepared for the defence of our ports and harbors. If they were wanted, why should they not be employed? They were told, by the proper authority, that there were so many deficient; let them, then, be procured.

Mr. DAWSON said, these seamen were intended to be placed in the same situation as other seamen of the United States. If the gentleman wished to render them liable to duty other than on board of ships, he might bring in a bill for the purpose of amending the present naval system.

The Committee then rose, and reported the bill

as amended.

The question being put on concurring with the report of the Committee of the Whole for filling the blank with 1,272

Whole.

Mr. MASTERS said, he would much rather, inMr. BURWELL hoped the House would disagree stead of diminishing the number, increase it to to the number reported by the Committee. He three or four thousand. These men were a valuhad heard nothing from the chairman of the Com-able class of people; when in employ, exposed to mittee, or the gentlemen who had spoken on the subject, to prove to his mind that this number was necessary. The gentlemen had talked about giving them employment and subsistence, as they suffered materially from the embargo. Mr. B. said it was the same with every class of citizens, and as the necessity of the case had required the adoption of the measure, it ought to affect all equally. They should not employ these men merely for the sake of employing them, because

the greatest hardships, forever tossing to and fro, and, when out of employ, from the peculiarity of their habits, prevented from acquiring a livelihood any other way. His opinion was, that their situation at this time required that they should be employed. They were a distinct class of citizens, and, more than any other, subject to the pressure of want during the continuance of the embargo. He could have wished the number to have been larger, though, as the question now presented

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