ants, jr., William M. Richardson, Samuel Ringgold, John Roane, Ebenezer Sage, Samuel Shaw, John Smilie, George Smith, John Smith, Richard Stanford, and Robert Wright. NAYS-Stevenson Archer, Ezekiel Bacon, John Baker, David Bard, Abijah Bigelow, Adam Boyd, Harmanus Bleecker, James Breckenridge, William A. Burwell, Elijah Brigham, William Butler, Epaphroditus Champion, Martin Chittenden, John Davenport, jun., Roger Davis, William Ely, William Findley, Asa Fitch, Thomas R. Gold, Charles Goldsborough, Edwin Gray, Richard Jackson, jr., Abner Lacock, Lyman Law, Joseph Lewis, jr., Robert Le Roy Livingston, Aaron Lyle, William McCoy, Alexander McKim, Jas. Milnor, Jeremiah Morrow, Jonathan O. Moseley, Thos. Newbold, Timothy Pitkin, jr., Elisha R. Potter, Josiah Quincy, Wm. Reed, Henry M. Ridgely, John Rhea, Jonathan Roberts, William Rodman, Thos. Sammons, Daniel Sheffey, Philip Stuart, Lewis B. Sturges, Saml. Taggart, Benjamin Tallmadge, Uri Tracy, George M. Troup, Charles Turner, jun., Laban Wheaton, Leonard White, Robert Whitehill, William Widgery, and Thomas Wilson. FEBRUARY, 1812. of the manufacturers of salt within the State of Massachusetts, presented the eighth. twelfth, thirteenth, and seventeenth of June, 1809, were referred to the Committee of the Whole on the report of the Committee of Ways and Means proposing a system for raising the revenue necessary for the service of the present and two succeeding years. habitants of that part of Fairfax county, in VirMr. LEWIS presented a petition of sundry inginia, heretofore included in the parish of Fairfax, praying to be authorized to sell the glebe lands lying in said parish, and that the proceeds thereof may be distributed among the inhabitants of that parish, in the portions to which they may, respectively, be entitled.-Referred to the Committee for the District of Columbia. Mr. WRIGHT, from the committee appointed on the second ultimo, presented a bill for the protection, recovery, and indemnification of American seamen; which was read twice, and committed to a Committee of the Whole on Wed The question was now, "Shall the bill be en-nesday_next. grossed for a third reading? This was opposed by Messrs. BRIGHAM and PITKIN, principally on account of the fines, &c., contained in the bill. The latter gentleman denied the right of Congress to impose any fine on militiamen before they came into the service of the United States; and cited the act of 1792, to show that no penalties were inflicted in that law. Mr. MACON replied to them, and said there could be no doubt but the power vested in Congress by the Constitution, to provide for organing, arming, and disciplining the militia," included the power to make suitable provisions for preventing the arms from being made away with. It would be strange to say, that when Congress put arms into the hands of the militia, they could not make regulations for their preservation for the use of the public. The reason why nothing of this kind was provided in the law of 1792 was, Congress had not then put arms into the hands of the militia. Mr. MILNOR spoke against the bill, principally on account of its objectionable penal clauses, and concluded his observations with a motion to strike out the fourth section; but on his taking his seat, a motion was made and carried to adjourn. WEDNESDAY, February 19. Mr. PORTER, from the Committee on Foreign Relations, reported a bill supplementary to the act to raise an additional military force. Mr. P. said it would be extremely inconvenient for the Executive authority to make all the appointments of the officers for this additional military force immediately, for want of proper infor mation on the subject; it would be particularly so to make all on the same day, and it was a rule in the Army that promotions should be regulated by the date of commissions. This bill provides, therefore, that all appointments made during the present session shall bear the same date. It was intended also to supply an omission in the law respecting the light artillery and light dragoons. Mr. P. wished, if there were no objection, that the bill should be ordered to be engrossed for a third reading; but, Mr. QUINCY objecting to this course, the bill was committed for to-morrow. A Message was received and read from the President of the United States, covering a report in compliance with a resolution of this House of the 19th of December, calling for a system of rules and regulations proper to be adopted for training and disciplining the regular troops and militia of the United States.-Referred to the Cominittee on Military Affairs. The SPEAKER laid before the House a report from the Secretary of War, in conformity to the act of 1794, containing an account of the expenditure in the fabrication and repair of arms in the armories of the United States; which was Mr. WIDGERY presented the petition of Nathaniel Cogswell, praying that his losses by Spanish spoliations, amounting to $146,200, might be re-ordered to be printed. imbursed to him.-Referred to the Secretary of State. Mr. RHEA, from the committee appointed on the tenth instant, presented a bill to alter the time of holding the Circuit Courts of the United States at Knoxville, in the District of East Tennessee, in the State of Tennessee; which was read twice, and ordered to be engrossed and read the third time to-morrow. On motion of Mr. QUINCY, the several petitions The House went into a Committee of the Whole on a report on the petition of Jared Shattuck. After some discussion on the report, the Committee rose, and had leave to sit again. The bill authorizing the Secretary of the Treasury to purchase Winslow Lewis's patent right for a new method of lighting light-houses, was read a third time, and passed. Mr. B. HALL said he found that considerable alarm had been produced by the report of the Committee of Ways and Means in relation to war taxes, which he proposed to allay by the following resolution: "Resolved, That the Committee of Ways and Means be directed to inquire into the expediency of authorizing the citizens of the several States and Territories to furnish for the seamen, marines, and army, of the United States, the various necessary articles of clothing the expenses for clothing, &c., to be apportioned among the several States and Territories in conformity with the Constitutional principles of levying a direct tax; and whether, and how far, it may be practicable or expedient for any, and what, articles of provisions or supplies for the Army and Navy, to be furnished by the citizens of the several States and Territories, in lieu of duties, excises, or taxes." Some objection being made to the reference of this resolution, Mr. B. HALL said, that ten millions of dollars could be more easily paid in this way in Georgia, than two millions in specie; why, then, said he, not suffer the people at once to furnish the articles wanted, instead of the money to purchase them with? It would, indeed, take the business out of the hands of the contractors; but that would be no loss to the nation. It was no more than a proposition for the consideration of the Committee of Ways and Means. If they deemed the plan impracticable, they would say so. He hoped, therefore, it would be agreed to. On motion of Mr. RHEA, the resolution was ordered to lie upon the table and to be printed. ARMING THE MILITIA. The House resumed the consideration of the bill for arming the militia of the United States; when the question was taken on Mr. MILNOR'S motion to strike out the fourth section, and negatived, there being only twenty-eight votes for it. Mr. FITCH then moved to strike out the second, fifth, and sixth sections of the bill, with the view of leaving it to the State Legislatures to make such provisions for preserving the arms, after they were put into the hands of the citizens, as they might deem proper. Motion negatived without a division. Mr. RHEA moved to strike out all that part of the first section of the bill, which relates to fines, &c.; and if this motion succeeded, he proposed afterwards to move to strike out the ninth section, so as to leave all the regulations for preserving the guns from being lost, or made away with, to the States. After some debate, the motion was negatived, there being only thirty-three votes for it. The question being on the engrossment of the bill Mr. RHEA said: Mr. Speaker, this bill, like many things in this world, presents itself with an appearance very imposing indeed, and in a manner almost peremptory demands assent. The title, viz: "a bill supplementary to an act making provision for arming and equipping the whole body of the militia of the United States;" promises largely, but an attentive consideration of the bill itself will cast the darkening shade of doubt over the promise. Several attempts have been made to give to 6 H. of R. this bill amendments, by which a Constitutional system of arming the militia might have been obtained, if the original law to which this is designed to be a supplement had been faulty; but these attempts have failed; and we are now called upon to declare whether the bill shall be engrossed for a third reading. 6 This bill appears to be one of that species which is designed rather as an experiment on the understanding, and to ascertain to what the mind will submit in order to obtain one favorite principle; it contains in itself the cause of its extinction; it contains one or two rays of light, but they are so obscure as to be scarcely visible. The first section of the bill provides," that from ' and after the first day of April, in the year eighteen hundred and thirteen, each and every free able-bodied white male person of the United States, upon arriving at the age of eighteen years, and being enrolled in the militia of any one of the United States or of the Territories titled to receive oue stand of arms, the right of thereof, shall within six months thereafter be enwhich shall be vested inalienably in him, and 'shall not be subject to be levied upon or distrain'ed to satify any demand whatever." If the residue of the first section had been struck out, as was proposed, and if the second, third, fourth, fifth, sixth and ninth sections had also been struck out of the bill, it then would have contained a system of arming which could have been understandingly and Constitutionally voted for-but the residue of the first section and the other sections alluded to being retained, and they containing a series of provisions creating obligations for taking oaths and imposing penalties of fines and imprisonments in relation to the stand of arms, and also creating a system of expensive prosecution for recovering fines, and imposing imprisonments on the militiaman who may take the gun, the bill presents itself in a shape so questionable, that however desirable it may be to make a further appropriation to arm the militia, it may be better not to engross this bill for a third reading, than to engross and pass it, so that thereby an evil may be warded off from the militiaman, which may be more than a balance for the benefit he will have by receiving the offered gun of the United States thereby. This bill contains a kind of dilemma, catching at either an affirmative or a negative vote. If a negative vote is given, immediately an exclamation is heard, "so then you are opposed to arming the whole body of the militia !" And if an affirmative vote is given, it may then be urged "if you really did intend to give a gun to me to be my own inalienably, why did you load the gift with penalties, fines, and imprisonment, and even in certain cases, provide that I shall be compelled to return the gun to you, as is provided for in the sixth section of the bill,?" Such is the bill-and who of us would advise an independent young militiaman to receive a gun on the terms proposed, and thereby subject himself to fines and imprisonment, about a gun; a gun, too, which, if like some heard of, would be good for little, and as likely to wound himself at the first discharge H. of R. Arming the Militia. FEBRUARY, 1812. as otherwise? It is, indeed, unfortunate that the that might arise on this subject between the Uniprinciple of arming the militia, had not been ted States and the several States. By this conpresented in its own plain dress, unadorned with struction, the line of difference between the delethe thorny trappings of fines and imprisonments, gated and reserved powers is clearly described and in such manner that the regulations for dis- and drawn, so that he who runs may read. tributing the arms had been left for the consideration of the Legislatures of the several States respectively. The Constitution of the United States certainly cannot be construed to intend that Congress shall go to arm the militia in the manner proposed, and under a system of fines and imprisonments. By the eighth section of the first article of the Constitution, power is given to Congress "to provide for organizing, arming, and disciplining the militia." The words expressing the delegated power are not "to organize, arm, and discipline the militia." Had these active words been used, the power given would have been immediate and direct; Congress then would, in a consolidating point of view, have been the sole agent. But this power was guarded against, and the words "to provide for organizing, arming, and disciplining the militia," were used-words which do evidently relate to an agent other than Congress; and that the power given to Congress was only, in this case, to provide the arms, reserving to the several States the distribution of the arms to the militia, under such regulations as the Legislatures of the respective States may adopt. This bill, in the first instance, pretends freely and graciously to give, and inalienably too, a gun to a young militiaman, eighteen years of age, just enrolled on the muster-list, or six months thereafter. Why this limitation of time? If the gun is really intended to be given, why not give it at any time, without limitation? But this free gift of a gun is loaded with penalties of fines and imprisonments, which may cause the militiaman to refuse the gun. And if the bill shall be a law, and my opinion, said Mr. R., shall hereafter be asked by any militiaman in Tennessee, relative to his taking the gun under such penalties, I certainly would answer. No, do not take the gun, but go and buy a gun for yourself, and be independent, In respect to the penalties prescribed by the bill, it is argued, that penalties of fines and imprisonments are necessary to preserve the gun. This is bottomed on a supposition that militiamen are careless or fraudulent. This very idea will eventually hinder the acceptance of the gun by every young militiaman possessed of a soul of honor and magnanimity; his language will be: You have talked much about giving me a gun and you have made a law about it; but if you intended to have really given the gun to me, why did you onments. I cannot agree to take this gun, and be so very dependent; and will wait until I can purchase a gun for myself, and if you do call me out into actual service in the field you will furnish me with a gun. Mr. R. said he was in favor of arming the militia; he had heretofore by his vote supported the principle of arming the militia; he was still in favor of arming them; he had endeavored to amend the bill so as to give it what he considered would have been a Constitutional form, but did not succeed; he would therefore vote against engrossing the bill; that vote would be given with pain, but however painful, he deemed it better so to do than to infringe the State sovereignties in relation to the militia by this kind of consolidating mode. If this, however is negatived, there is still an annual appropriation of two hundred thousand dollars going on to arm the militia. We contend, said Mr. R., that the militia are regulated by the laws of the respective States, excepting the mere rules of discipline which Con-load the gun with penalties of fines and impris gress may prescribe, for that part of the militia that may be employed in the service of the United States. This appears to be the true intent and meaning of the clause in the Constitution; and will be more manifest when the whole clause, which is in the following words, is considered: The Congress shall have power "to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be ' employed in the service of the United States; re'serving to the States respectively the appoint'ment of the officers and the authority of training 'the militia, according to the discipline prescribed by Congress." Here it appears, that although the first part of the clause gives power to Congress to provide for disciplining the militia, that part is limited and explained by the latter part of the clause, by which the authority of training the militia, according to the discipline prescribed by Congress, is reserved to the States. The power, then, to provide for disciplining the militia, given to Congress, means no more than to prescribe the discipline, and to the States respectively is reserv-lows: ed the power of training the militia according to the discipline prescribed by Congress. In this manner is the power to provide for organizing and arming the militia; that is, the Congress shall have power to provide arms for the militia, but to the States is reserved the power of distributing the arms, and to make rules and regulations relative thereto. This construction, which flows from the very terms of the clause, goes to prevent all difficulty Mr. WHEATON gave his reasons why he should vote against the bill. After which, the question was taken and carried-yeas 53, nays 48, as fol venson Archer, John Baker, Burwell Bassett, WilYEAS-Willis Alston, jr., William Anderson, Steliam W. Bibb, William Blackledge, James Breckenridge, William Butler, Langdon Cheves, Matthew Clay, James Cochran, Lewis Condit, William Crawford, Joseph Desha, Samuel Dinsmoor, Meshack Franklin, Thomas Gholson, Charles Goldsborough, Edwin Gray, Isaiah L. Green, Bolling Hall, Obed Hall, John A. Harper, Aylett Hawes, William R. King, Abner Lacock, Joseph Lefever, Joseph Lewis, jr., William Lowndes, Aaron Lyle, Nathaniel Macon, Thomas Moore, William McCoy, Samuel McKee, James Morgan, Jeremiah Morrow, Hugh Nelson, Anthony New, Thomas Newbold, Joseph Pearson, Israel Pickens, James Pleasants, jr., Henry H. Ridgely, Samuel Ringgold, John Roane, Ebenezer Sage, Samuel Shaw, George Smith, Richard Stanford, Thomas Wilson, and Robert Wright. NAYS-David Bard, Abijah Bigelow, Harmanus Bleecker, Adam Boyd, Elijah Brigham, Robert Brown, John C. Calhoun, Epaphroditus Champion, Martin Chittenden, John Davenport, jr., Roger Davis, Elias Earle, William Ely, James Emott, William Findley, James Fisk, Asa Fitch, Peterson Goodwyn, Richard Jackson, jr., Joseph Kent, Robert Le Roy Livingston, George C. Maxwell, Alexander McKim, Arunah Metcalf, James Milnor, Jonathan O. Moseley, William Piper, Timothy Pitkin, jr., Benjamin Pond, William Reed, John Rhea, Jonathan Roberts, William Rodman, Ebenezer Seaver, John Sevier, Adam Seybert, John Smilie, William Strong, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, Uri Tracy, Charles Turner, jr., Pierre Van Cortlandt, jr., Laban Wheaton, Leonard White, Robert Whitehill, and Wm. Widgery. THURSDAY, February 20. On motion of Mr. GOLD, the Committee of the Whole were discharged from the consideration of the petition of the Board of Directors of the Oriskany Manufacturing Company, and it was referred to the Committee of Commerce and Manufactures. Mr. McKEE, from the committee appointed on that part of the President's Message which relates to Indian affairs, presented a bill for the relief of the officers and soldiers who served in the late campaign on the Wabash; which was read twice, and committed to a Committee of the Whole to-morrow. On motion of Mr. POINDEXTER, Resolved, That the Committee on the Public Lands be instructed to inquire into the expediency of confirming all claims to land in the Mississippi Territory, founded on warrants of survey granted by the Spanish Government of Louisiana, and not confirmed by former laws regulating the grants of land, and providing for the disposal of the lands of the United States south of the State of Tennessee; provided the grantee, or the legal representative of the grantee, resides at this time in said Territory, and the evidence of the claim has been regularly filed with the Registers of the Land Offices east and west of Pearl river, and reported by them to the Secretary of the Treasury, agreeably to law; and that the committee have leave to report thereon by bill, or otherwise. An engrossed bill to alter the time of holding the Circuit Courts of the United States at Knoxville, in the District of East Tennessee, in the State of Tennessee, was read the third time, and passed. The House resolved itself into a Committee of the Whole, on the bill for incorporating the Trustees of the Georgetown Lancastrian School; which was amended, reported to the House, and ordered to be engrossed for a third reading. H. OF R. The House resolved itself into a Committee of the Whole, on the bill giving further time for registering claims to lands in the western district of the Territory of Orleans; which, having been amended, was reported to the House, and ordered to a third reading to-morrow. The House resolved itself into a Committee of the Whole, on the bill concerning the Levy Court of Washington, in the District of Columbia. The bill passed through committee and was ordered to be engrossed for a third reading. The House went into a Committee of the Whole, on the bill making a further appropriation for repairing and completing the building purchased for the accommodation of the General Post Office and Patent Office. [The bill proposes an additional appropriation of thirteen thousand and odd dollars for the purpose of fitting up the great hotel in this city for the use of these offices.] After some conversation on the detail of the bill, the Committee rose, and the bill was ordered to be read the third time on Monday next. INTERNAL IMPROVEMENTS. Mr. RIDGELY, from the committee to whom were referred the several memorials of the President and Directors of the Chesapeake and Delaware Canal Company, of the President and Managers of the Union Canal Company of Pennsylvania, and of the Commissioners of the State of New York, respecting a canal from the Great Lakes to the Hudson river, made the following report: That they consider the improvement of the internal navigation of the United States, by means of the canals contemplated by the said companies and the State of New York, of great national importance, and well meriting the patronage and aid of the General Government. That, under this impression, the committee have paid particular attention to the subject-matter of the said memorials, and have felt the strongest disposition to report favorably to the petitioners. The committee, however, lament that the inauspicious situation of the United States, in regard to our foreign relations, renders it, in their opinion, improper, at the present time, to grant that effectual aid to the undertaking to which they are so well entitled. They, therefore, under these circumstances, submit the following resolution, viz: Resolved, That the state of the public finances and country, render it inexpedient for the Congress of the resources, and present embarrassed situation of the United States to make a donation in land or money, at the present time, for the purpose of effecting the objects contemplated in said memorials. TREASURY DEPARTMENT, Jan. 6, 1811. SIR: I have the honor to enclose answers to the queries proposed in your letter of the 28th ultimo, and also the copy of a report on the same subject, made on the 4th of April, 1818, in obedience to a resolution of the Senate of the 2d of March, 1807. I have the honor to be, very respectfully, sir, your obedient servant, ALBERT GALLATIN. Hon. H. M. RIDGELY, Chairman, &c. Answers to the queries proposed by the committee, to whom were referred the "memorial of the President and Managers of the Union Canal Company of Pennsylvania, praying the aid and patronage of the General Government in accomplishing the extensive and useful works in which they are engaged," &c. TREASURY DEPARTMENT, Jan. 6, 1812. 1st Query. "Will the state of the finances of the United States admit of the application of public moneys to the improvement of the country by means of canal and inland navigation ?" Answer. The state of the finances of the United States does not, at this time, permit the application of public moneys to any new objects of improvement. The revenue is at present considerably less than the annual public expenses. 2d Query. "If the state of the finances will not admit of pecuniary aid being afforded by the Government, can any other resources be applied to these objects without interfering with the national engagements or the public exigencies? If so, I am desired to request that you will specify them, and the mode of application, so as to promote, in the most effectual manner, these important objects, and to diffuse the benefits arising therefrom as generally as possible among the several States." Answer. A portion of the public lands may be selected, and its proceeds appropriated to these objects, without causing any sensible diminution of the revenue arising from that source, and, therefore, without interfering with the national engagements and public exigencies. It is only necessary, for that purpose, that the tract or tracts of land thus selected, should be without the boundaries of the land districts already established by law, so that the annual sales in those districts, and the payments into the Treasury, which constitute the existing land revenue, may not, in any degree, be affected by the contemplated appropriation. FEBRUARY, 1812. the means of paying for the lands thus situated. It is not believed that the canal would materially arrest the illicit trade from Canada. 4th Query. "What are the ideas of the Secretary of the Treasusy as to a general system of improvement by canals and opening of the rivers, and as to the means of effecting it within the power of the General Government?" Answer. In a report made on the 4th of April, 1818, in obedience to a resolution of the Senate of 2d March, 1807, the Secretary of the Treasury submitted the general outlines of a plan to that effect. To this he begs leave respectfully to refer. Although the details must, in many respects, be incorrect, and several important objects may, for want of information, have been omitted, his opinion continues the same with respect to the general principles of the plan. It is still believed that a system of improvement, embracing all the important communications pointed out by the great geographical features of the country, and also such other local ob jects as it may be necessary to include, in order to equalize, as far as practicable, the benefits of the plan, would have a most powerful effect towards promoting the prosperity of the country, and consolidating the interests of the most remote quarters of the Union. The modifications which existing circumstances render necessary, in the manner of applying the resources of the United States to that important object, have already been suggested in the answer to the second query. Respectfully submitted, ALBERT GALLATIN. Mr. RIDGELY moved that this report be committed, printed, and made the order for Monday. Mr. BURWELL wished the sense of the House to be now taken upon this report-he disagreed with it entirely. He had always been in favor of a general system of navigation, and thought a portion of the public lands might be well employed in this way. He wished the vote to be taken now, because if the report was disagreed to, the subject might be recommitted and something effected during the present session; but if it was put off, the probability was, that nothing would be done on the subject. The quantity of land set apart for that purpose should be sufficient to produce, when sold, a sum equal to that which Congress intends to apply to these objects; and the States, companies, or trustees under whose direction the several works will be executed, should be authorized to sell, from time to time, at the price limited by law, such portions of the land as will be necessary After a few observations from Mr. GOLD and to defray the expenses of the works. The proceeds of Mr. RIDGELY, expressing their wish to have the the sales might be anticipated by authorizing loans, to an amount not exceeding the value of the lands appro-report acted upon at an early day, it was compriated, and made reimbursable at distant periods; in which case the faith of the United States might also. be pledged for the reimbursement of such parts of the principal of such loans as could not be discharged out of the proceeds of the sales of the lands; the residue of the lands then remaining unsold reverting, in that case, to the United States. 3d. Query. "Will the projected canal from the Great Lakes to the tide-waters of the Hudson tend to raise the price of the public lands, facilitate the means of payment for them, and arrest the illicit trade which is now practised with a neighboring nation, and by which the public revenue is greatly diminished?" Answer. A canal uniting Lake Erie with the tide waters of the Hudson, or any other Atlantic river, cannot fail to enhance the value of all the public lands adjacent to the Great Lakes, or otherwise so situated that their inhabitants may use that navigation for the transportation of produce or merchandise. For the same reason it will be giving access, on cheaper terms, to a better market, and facilitate, to a certain degree, mitted. ARMING THE MILITIA. The bill for arming the Militia of the United States was read the third time; and the question being put, "Shall the bill pass to its third reading?" Mr. CALHOUN expressed himself friendly to the principle of the bill, and, until the amendment had been made placing the distribution of the arms in the power of the State Governments, he intended to vote for it; but he thought it better power of the States to lock up these arms in not to pass the bill at all, than to leave it in the arsenals. Mr. TALLMADGE disliked the bill in many respects. He doubted the Constitutional power of Congress to put arms into the hands of the people of the United States, before they are called into the service of the Union. The militia, he contended, is the army of the several States, and not of the United States, and the State Legislatures |
