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y eas 22.

H. of R.
Military Courts.

March, 1808. by the Articles of War,) would gentlemen have in his favor from the civil ranks, though the Gov. allowed this to have been a sufficient reason against ernment may, if they think fit, procure it against an inquiry? But when we have gone over this bim. Government may conduct him before a bar, and instituted this inquiry; "after"—to use military court, where, although he could establish the words of the gentleman from Kentucky, (Mr. his innocence by civil testimony, it is not in his Rowan)," the nation has moved”—and I find, power to do it, because he cannoi compel the prosir, that he has moved with it-shall we say that duction of a written charge, supported by affidavit. this individual shall be driven to a dishonorable Mr. Livermore's amendment was negativeddefence, or he shall have none at all ?

The gentleman from Massachusetts (Mr. Liv. Mr. BACON proposed a new section providing ERMORE) thinks it improper to afford any opportu- that depositions should be taken in all cases where nity to compel testimony on jack-o'lantern charges. lhe witnesses reside at a greater distance than 100 We know the case to which he alludes; and will miles. he call that a jack-oʻlantern charge which the Mr. Durell opposed the amendment, observ. House danced after for a fortnight or three weeks ? ing that every amendment rendered the bill more It does appear to me that we ought not to adopt iniquitous, without ipsuring its object. He dethe amendment, and I hope we shall not. clared the whole bill to be so heterodox, prepos

Mr. LIVERMORE thought gentlemen were much terous, and variant, that he could make nothing mistaken in taking General Wilkinson's case into of it. consideration on this question. It is true, said he, Mr. Bacon said it was intended to secure the that this affair was before the House some time, liberties of the citizen, and to meet the suggesand true that it was inquired into. Everything tions of the gentlemen opposed to the bill. I aver is this: that a military court was not the The amendment was agreed to without a diauthority which I expected would have inquired vision. into the transaction, because the offence charged The Committee then rose, and reported the bill was not of a nature cognizable by a court martial. with amendments. So that to make a law in allusion to this case is Mr. LIVERMORE renewed the motion which he perfectly improper. General Wilkinson, until he had made in Committee of the Whole. disproves the assertions by plain proof-make what Mr. Taylor having called for the yeas and noise you will in this House—will not be cleared, pays on it, it was negatived by yeas and naysbefore the people, of the charge against him. All 89 to 22, as follows: exertions here can be of no benefit to him. Mr. Nicholas was as little disposed as the gen- Elliot, William Ely, Francis Gardner, John Harris,

YEAs—John Culpepper, Daniel M. Durell, James tleman from Massachusetts to legislate for any William Hoge, Robert Jenkins, James Kelly, Joseph individual, but would not be deterred from his Lewis, jr., Edward St. Loe Livermore, Josiah Masters, duty by any insinuations of that sort. The gen. William Milnor, Jonathan 0. Mosely, Timothy Pittleman from Massachusetts should recollect, said kin, jr., John Rowan, John Russell, William Stedman, he, that his proviso, exactly fitting the case brought Benjamin Tallmadge, Abram Trigg, Jabez Upham, into question, subjects him as much to the impu- and Killian K. Van Rensselaer—22. tation of having that particular case in view as

Nays-Lemuel J. Alston, Willis Alston, jr., Ezeany gentleman who supports the bill. If General kiel Bacon, David Bard, Joseph Barker, Burwell BasWilkinson had never existed—if a case had never sett, William W. Bibb, William Blackledge, John occurred-I would have voted for the bill on the Blake, jr., Thomas Blount, John Boyle, Robert Brown, table. And here permit me to say, that I never William A. Burwell, William Butler, Joseph Calhoun, was more surprised than when I ascertained that George W. Campbell, Martin Chitienden, Joseph there was no provision in the laws on the subject Clay, Matthew Clay, Howell Cobb, Richard Cutts, by which the Government or a person charged John Dawson, Josiah Deane, Joseph Desha, John W. with military offence could avail' himself of the Eppes, William Findley, James Fisk, Peterson Goodtestimony of the citizen. Upon every principle, wyn, Edwin Gray, Isaiah L. Green, John Heister, it appears to me that there ought to be such a pro- William Helms, David Holmes, Benjamin Howard, vision; it is necessary for the security of the Gov- Reuben Humphrey, Daniel Ilsley, Richard M. Johnernment, and essential to the protection of the citi- son, Walter Jones, Thomas Kenan, Nehemiah Knight, zen. I will not again go over the observations John Lambert, Edward Lloyd, John Love, Nathaniel which have been made on this subject, but I will Macon, Robert Marion, William McCreery, Daniel mention one objection to the proviso which I have Montgomery, jr., John Montgomery, Nicholas R. pot heard urged. If the proviso pass, the public Moore, Thomas Moore, Jeremiah Morrow, John Morinterest will be taken care of—but how? Is the bold, Thomas Newton, Wilson C. Nicholas, John Por

row, Gurdon 8. Mumford, Roger Nelson, Thomas New. individual meant to be sacrificed-to be made a victim? No summons under that proviso shall of Tennessee, Matthias Richards, Samuel Riker, Lem

ter, John Pugh, John Rea of Pennsylvania, John Rhea issue, unless a charge be made in writing, and uel Sawyer, Ebenezer Seaver, James Sloan, Dennis upon affidavit. This is in the power of the Gov- Smelt, John Smilie, Jedediah K. Smith, Samuel Smith ernment alone. Government, without making a John Smith, Henry Southard, Richard Stanford, Clem charge or affidavit, may prosecute a person in ent Storer, Peter Swart, John Taylor, John Thomp, military service, but by no act of his can he have son, George M. Troup, James I. Van Allen, Arch. the charge reduced to writing or supported by affi- ibald Van Horn, Daniel C. Verplanck, Jesse Wharton davit; and therefore he cannot procure evidence Robert Whitehill, Isaac Wilbour, David R. Williams

yeas 67.

March, 1808.
Revolutionary Pensioners.

H. OF R. Marmaduke Williams, Alexander Wilson, Richard the State of North Carolina, to have it amended. Winn, and James Witherell-89.

He was happy to find the subject now proposed

for their consideration. Mr.DURELL moved that the bill lie on the table. -Negatived.

The resolution was agreed to without a divisThe bill was then ordered to a third reading-ion, and Messrs. Nelson, Randolph, and Liver

MORE, appointed a committee accordingly. To-morrow being mentioned as the day on

Mr. Dawson moved for the order of the day on which it should be read the third time

the bill authorizing the President to raise an adMr. D. R. Williams hoped Friday would be

ditional number of troops. the day on which it should be read, that time

Before the question could be taken on considermight be allowed for printing it. It had been ing this subject, on motion of Mr. GARDNER, the

House adjourned-yeas 67. avowed, by the characteristic hopesty of the gentleman from Pennsylvania, that this bill was calculated for the particular case of General Wil.

THURSDAY, March 10. kinson.

The bill from the Senate, entitled "An act grantMr. Smilie interrupted the gentleman to observe that he had not said that General Wilkin- ing William Wells the right of pre-emption," to

gether with the amendments agreed to yesterday, son was the principal object; he had said that case had given rise to the bill. It was a bill of a gen

was read the third time, and passed. eral nature, but would comprehend the particular that the Senate have passed a bill, entitled "An

A message from the Senate informed the House case which had given rise to it. Mr. D. R. WilLIAMS said he would not sup

act for raising an additional military force;" also,

a bill, entitled "An act for the relief of Philip pose otherwise than that he had misunderstood the gentleman. Be the object what it might be Turner;" to which bills

, respectively, they desire hoped a little time would be afforded to those op

the concurrence of this House. posed to the bill to digest their thoughts on it.

The bill sent from the Senate, entitled "An act It was accordingly made the order of the day twice and committed to the committee appointed,

for raisiog an additional military force,” was read for Friday next.

on the twenty-ninth of October last, on so much REVOLUTIONARY PENSIONERS. of the Message from the President of the United

States as relates to the Military and Naval EstabMr. Nelson said, by looking over the acts of lishments. Congress, it would be found that an act was pass- The bill sent from the Senate, entitled "An act ed on the 10th of April, 1806, to provide for per- for the relief of Philip Turner, was read twice sons disabled by known wounds during the Revo- and committed to a Committee of the Whole tolutionary war.' One of the sections of that act

morrow. requires that every claimant should give satisfac- The Speaker laid before the House a letter tory reason why he did not apply for the provis- from the Secretary of War, accompanied with a ion before, and also that he should make affidavit supplementary report and documents in relation that he had not received a pension from any State. to invalid pensioners of the United States; which In his opinion, this provision operated very un- were read, and referred to the Committee of justly and harshly upon many. A number of Claims. persons who had fought the battles of the nation

Mr. G. W. Campbell, from the Committee of were now in a state of dependence and want; Ways and Means, presented a bill for the relief and although some of them received a small pit of George Hunter; which was read iwice, and, tance as a gratuity from the States, he thought with sundry accompanying documents, committhey should not thereby be prevented from com- led to a Committee of the Whole to-morrow. ing forward and receiving justice from the Unit- On motion of Mr. Joseph Clay, ed States. He thought the law should be amend

Resolved, That the committee to whom was ed, and for that reason proposed the following: referred a resolution to inquire into the expedi

Resolved, That a committee be appointed to inquire ency of repealing a part of the second section of into the propriety of repealing so much of the second the act to provide for persons who were disabled section of the above act as requires that the claimant by known wounds received in the Revolutionary shall make affidavit that he is not on the pension list war, passed the tenth day of April, one thousand of any State ; and that they have leave to report by eight hundred and six, be directed to inquire into bill or otherwise.

the propriety of amending the several laws reMr. RANDOLPH rose to second the motion of specting military pensions; and that they be authe gentleman from Maryland. It was in the re. thorized to report by bill, or otherwise. collection of that gentleman, and of many others,

The House went into a Committee of the what extreme disgust-he hoped to be pardoned Whole on the bill to extend the time for issuing for the harshness of the expression-the provision and locating military land warrants. The bili which the gentleman now wished to strike out having been gone through and reported to the from the statute book, to which it was a disgrace, House, was ordered to a third reading to-morrow. had given when that law passed, and what strong The House went into a Committee of the Whole endeavors had been made by several gentlemen, on the bill authorizing the sale of lands of the and particularly by a respectable meinber from I United States and for other purposes ;' which hav

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ing been gone through, was reported to the House, interesting in a political, geographical and historical and ordered to a third reading to-morrow. view, and you may rest assured that your services are

On motion of Mr. Rhea, of Tennessee, the pe- held in high estimation by the President of the United titions on the subject of the Post Office and Post States; and if any opinion of my own can afford you Roads presented since the general bill on this sub- any satisfaction, I very frankly declare that I consider ject was reported, were referred to a select com- the public much indebted to you for the enterprising, mittee of seventeen.

persevering, and judicious manner in which you have The House went into Committee of the Whole performed them. on the bill for erecting certain light-houses and

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

H. DEARBORN. buoys. The bill having been gone through, and

Captain ZEBULON M. PIKE. variously amended, was ordered to a third reading to-morrow.

TRAIN OF ARTILLERY.

The House went in Committee of the Whole CAPTAIN PIKE. Mr. John MONTGOMERY, from the committee United States.

on the bill for procuring a train of artillery for the appointed on the twenty-second ultimo, presented The statement of the Secretary of War, and a bill making compensation to Captain

Zebulon | Mr. Foxall's letter on the subject having been M. Pike, and his companions; which was read

read, twice and committed to a Committee of the

Mr. Dawson said, by the statement from the Whole on Wednesday next.-The bill was ac- Secretary of War, it would be found that the Unicompanied by the following report:

ted States are now possessed of about one thouThat they examined Colonel John Ballenger, who sand seven hundred cannon. I am happy also to stated that, in a conversation which passed between his state, said he, that, by the returns since made to brother Joseph and himself, the said Joseph informed the Department of War, the number is found to him that he was in company with Captain Pike in his be about one thousand nine hundred. I will also last exploring tour; that, having left Captain Pike some state that the United States are possessed at this where on the head waters of the Arkansas, he returned time of means of every kind, arms, cannon, powto Louisiana ; that very shortly after his return, he went der, &c., for carrying on three years close war. into the Spanish provinces ; that, during all this time, The bill on the table authorizes the purchase of he was employed in furtherance of a Spanish project, but did not intimate that Captain Pike had any knowl- more cannon. This, I am told, it is impossible to edge, or was at all privy to the said project, or to his do at this time; they are not is be bought, and if being engaged therein, and spoke in high terms of Cap- bought, are not as good as of the manufacture of tain Pike. The nature of the project in which the said the United States. By the latter, I mean iron Joseph was employed, or by whom he was employed, cannon, of not more than one-half the weight of is foreign, as your committee believe, from the subject ordinary cannon; a 6lb. cannon generally weighs consigned to them, and, of course, its detail is omitted 1,200 lbs.; those made here generally 600 lbs., che in this report. Your committee further report: That same weight as a brass cannon. One brass canin what manner these exploring expeditions were un- non costs, perhaps, five times as much as an iron dertaken at the instance of the War Department, and cannon of ihe same weight, which may be equal the conduct of Captain Pike approved by the President or superior to it for service. After giving this of the United States, and the information which was information, I will move to amend the bill, so obtained and communicated to the Executive, and to as to establish a national foundry, for the purwhat extent, and how far the same has been considered pose of manufacturing cannon for the use of the highly interesting in a political, geographical, and his- United States. torical view, appear by a letter from the Secretary of Mr. STANFORD was totally against this princiWar, accompanying this report; and that nothing has appeared before the committee derogatory to the merits ple, and, to supersede the motion of the gentleof Captain Pike, as detailed in the above-mentioned man from Virginia, moved to strike out the first

section. letter from the Secretary of War.

The Chairman observed, that the bill contained War DEPARTMENT, Feb. 24, 1808. but one section; of course the bill could not be Sir: In answer to your letter of the 22d instant, I amended by striking out the first section. can with pleasure observe that, although the two ex- Mr. Quincy said he would make but one obploring expeditions you have performed were not pre- servation, and that was on the incorrectness of viously ordered by the President of the United States, this proceeding: a resolution for establishing a there were frequent communications on the subject of national foundry had been referred to another each, between General Wilkinson and this Department, committee. This bill was for procuring field arof which the President of the United States time to time, acquainted, and it will be no more than tillery; the object to be accomplished by the what justice requires to say, that your conduct in each amendment made, was to convert the bill into a of those expeditions met the approbation of the Presi- bill for establishing a national foundry; thus, in dent, and that the information you obtained and com

fact, to defeat the present object. municated to the Executive, in relation to the source

Mr. STANFORD moved that the Committee rise of the Mississippi, and the natives in that quarter, and and report progress, that the subject might come the country generally, as well on the Upper Mississippi regularly before them.-Negatived. as that between the Arkansas and the Missouri, and Mr. Dawson observed, that this bill went to on the borders of the latter extensive river to its source, procure artillery by purchase; the only question and the country adjacent, has been considered highly proposed by the amendment was, whether they

was,

March, 1808.

The MilitiaLoan of Arms to Ohio.

H. OF R.

would procure artillery by purchase or manufac- The amendment was negatived by a large mature it ihemselves. His opinion was, that it should jority. be of the manufacture of his own country.

On motion of Mr. D. R. Williams, the Com. Mr. Rhea, of Tennessee, moved that the Committee rose, and reported progress-ayes 71 ; and mittee rise, that this bill, and the resolution on obtained leave to sit again—ayes 52, noes 34. the subject of a national foundry, should be referred to the gentleman from Virginia and his

THE MILITIA. committee, to report a bill for erecting a national The House went into a Committee of the foundry.

Whole, on the bill authorizing a detachment of The question being taken on this motion, there the militia. were for it 48, against it 48. The Chairman de- The blank in the bill for the sum to be approcided in the negative.

priated for the immediate expense of the miliMr. Taylor objected to the blending these two iia, if called out, was filled with one million of subjects together. He saw a wide distinction be- dollars. twixt procuring a formidable train of field artil- Mr. Kelly observed, that the bill authorized lery and erecting a national foundry. He wished the retaining each class of the militia in service first to procure a train of artillery, and then to for six months. He had always been of opinion take up the subject of a national foundry distinct that this term was much too long; he thought four from the other. He was unwilling to defeat this months as long a term as each detachment ought bill, by inserting a provision which might, per- to be kept in service. He therefore moved to haps, enable them io manufacture in sufficient strike out " four," and insert "six." quantity some years hence.

Messrs. TALLMADGE, GARDNER, and WITHERMr. Lyon supported the amendment, as he con- ELL, contended against the amendment, that the ceived that the nation should possess, within itself, authority given to the President by the bill, was to the means of manufacturing cannon.

call them into service for a term not exceeding six Mr. D. R. Williams could not bring himself months; that it was well known that, during the immediately to vote for a national foundry in Revolutionary war, the Army was continually the City of Washington, the more especially as he confused, disorganized, and sometimes defeated, thought that cannon sufficient could even now be in consequence of the term of service of a part procured of the manufacture of the United States. of the troops expiring on the eve of an engageHe knew an individual company owning two ment; and that six months was as short a time different foundries, who alone could supply the as it was politic to fix for their continuance United States with cannon. He appealed to the under arms, if it should be necessary that the migentleman from Rhode Island to bear testimony litia should be employed. to the fact, that there was a foundry there un- Mr. Kelly's amendment was negatived by a employed for want of business, and the owners large majority. of which would be glad to contract to furnish The Committee rose and reported the bill, which

was ordered to a third reading to-morrow, nem. Mr. Dawson, in reply to the gentleman last con. up, said he had not spoken of the City of Wash

LOAN OF ARMS TO OHIO. ington as the place for the foundry ; this he should wish to leave with the discretion of the Executive.

The House resolved itself into a Committee of The sum of money proposed to be appropriated the whole, on the resolutions authorizing the for the purpose of erecting a foundry was small

, President of the United States to loan a certain and the advantages resulting from it would be number of arms and artillery to the State of great.

Ohio. Mr. Dawson's motion for amendment was neg- The resolutions are as follows: atived by a large majority:

Resolved, That the President of the United States The Chairman inquired, if the blank in the bill be authorized to loan to the State of Ohio, for the term was to be filled.

of seven years, seven thousand stand of arms, for the Mr. Dawson said, as the bill now stood he was purpose of arming, in part, the militia of the said State, opposed to it himself; nor bad he thought of the under such restrictions and regulations, as to safesum with which it would be necessary to fill the keeping and re-delivery, as the President may prescribe. blank in such case. To try the sense of the Com- Resolved, That the President of the United States mittee once more, he moved to insert after pur- be authorized to loan to the State of Ohio, for the term chase, or cause to be manufactured.”

of seven years, twenty pieces of field artillery, with carMr. Bacon opposed this motion, as being sub- riages complete, for the use of the artillery companies stantially the same as that which had been nega restrictions, as to safe-keeping and re-delivery, as the

of militia in the said State, under such regulations and tived a few minutes ago, as this expresssion, by a forced construction, would warrant the erecting

President may prescribe. of the national foundry. He cited an instance The question having been put on the first resoin support of this, that, under the late Administra- lution for loaning armstion, a law having passed for building a few ships Mr. MORROW stated to the Committee that this of war, the Executive had thought itself author- resolution had been introduced in consequence of ized to establish navy yards, and, in consequence, instructions from the Legislature of the State of had done so.

Ohio. He represented the situation of that State

cannon.

H. OF R.

Military Courts.

March, 1808.

bordered on its frontier by the colony of a foreign tucket, and on the Island of Tuckanuck, at or near Power and by the savages, with both of whom the entrance of Connecticut river, and near the they would undoubtedly have to contend in case entrance of Great Egg Harbor river." of a rupture. The number of arms in the State An engrossed bill authorizing the sale of the was probably very small, and the State was total- | lands of the United States was read the third time, ly unable to purchase more. The Legislature and passed. had designed, in case of obtaining the arms, to de

MILITARY COURTS. posite them at stated places on the frontier, so that the militia could make use of them in case of An engrossed bill concerning Courts Martial assault.

and Courts of Inquiry was read the third time. The first resolution was agreed 10-ayes 65. The question having been put, “Shall this bill The second (artillery) was negatived.

pass ?" Mr. Masters called for the yeas and The Committee rose and reported the first, Days on its passage. which was referred to a select committee to bring Mr. Elliot said it was to have been hoped that in a bill.

the bill, after having gone through the purifying

process of successive recommitments, would have FRIDAY, March 11.

been presented, for the final question upon its pas

sage, in a shape rather less questionable than that Mr. Lewis, from the committee appointed on which it had assumed upon its original introducthe twelfth ultimo, presented a bill for the relief tion to the House. In this hope, at once a natuof Richard Bland Lee; which was read twice and ral and a pleasing one, said he, the opponents of committed to a Committee of the Whole on Mon. the bill have, unfortunately, been disappointed. day next.

In one of the pleasant hours of the past gloomy Mr. SOUTHARD, from the committee to whom season, this new twig of the great tree of our ju. were referred, on the eighth instant, the amend- risprudence, put forth its slender form, with all ments proposed by the Senate to the bill, entitled its blushing honors thick upon it; the next day "An act to incorporate the Trustees of the Baptist came a frost: it has since experienced the vicissiChurch in the City of Washington," made a re- tudes of various weather; it is again in bloom; port thereon; which was read, and, together with but its blossoms are frail and feeble, and even the ihe said bill and amendments

, committed to a beams of a vernal sun cannot save it from decay Committee of the Whole to-morrow.

and death. Quitting, however, a metaphor, which Mr. Clopron, from the committee appointed is no sooner hunted up than it is hunted dowo, he on the seventh instant, presented a bill to con- said he would proceed to state, with as much tinue in force, for a farther time, an act, entitled plainness and conciseness as possible, those objec"An act for the more effectual preservation of tions to the bill, which he deemed as unanswerapeace in the ports and harbors of the United ble as he was convinced they were insuperable. States, and in the waters under their jurisdiction;" If they were capable of being answered, he hoped which was read twice and committed to a Com- the supporters of the measure would deign to anmittee of the Whole on Monday next.

swer them. My objections to the bill, said Mr. Mr. Dawson, from the committee appointed on E., are, that it is erroneous in principle, that it is so much of the Message from the President of the defective in detail, that it will be inoperative in United States, of the iwenty-seventh of October practice, as it respects the great majority of cases last, as relates to the Military and Naval Estab- which it professes to comprehend, and that, as to lishments, to whom was yesterday committed the the remaining cases, it will operate to the delay bill sent from the Senate, entitled "An act au- of military justice, and the injury and oppression thorizing the raising an additional military force,” of the peaceful citizen. reported an amendment thereto; which was read, First, that it is erroneous in principle. and, together with the said bill, ordered to lie on It has been a constant theme of declamation the table.

with the enemies of the equal rights of man, that, An engrossed bill authorizing a detachment in the science of politics, which they say is falselý from the militia of the United States was read so called, unlike all other sciences, there are no the third time, and passed.

fixed, incontestable principles, upon which the An engrossed bill extending the time for issuing mind can repose with confidence, and in which and locating military land warrants was read the all enlightened men will unite. The friends of third time, and passed.

freedom, at least since the time when Locke beThe bill sent from the Senate, entitled "An act gan lo question the divine right of Kings, have for erecting a light-house, and placing buoys at protested against this dogma. They contend that the places therein mentioned,” together with the these fixed principles, these self-evident postulata, amendments agreed to yesterday, was read the do exist in political as well as moral science-one third time, and passed.

of them forms the basis of all our institutions. Resolved, that the title be, “An act for erect. “All men are by nature equal, and possess certain iog a light-house on the south point of the Island natural and unalienable rights." There is another, of Sapelo, and for placing buoys and beacons in which every true republican will cherish with all the shoals of the inlet leading to the town of Da- the ardor of affection, with all the energy of zeal, rien, and near the entrance of Ipswich harbor, with all the inflexibility of patriotism: In a free near Plymouth harbor, before the harbor of Nan-Government, the military should always be kept

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