H. OF R.

Compensation to Revenue Officers,

1808 and 1809, and have been occasioned by two

causes:

1st. The generally depressed state of commerce, during those years, which so materially affected the general revenue of the country, and, consequently, the emoluments of the officers employed in its collection, in different degrees.

DECEMBER, 1811.

it appears, from the official returns of his emoluments and expenditures, that his net emoluments for that and the two succeeding years have amounted to but $1,180 57, being an average annual compensation for those years of but $393 52; and, so far as can be ascertained from a comparative view of the official returns, it appears that the expenditures of that office

able limits as circumstances would justify.

Under this view of the several cases referred to them,

the committee recommend to the House the following resolutions:

1st. That the prayer of the several petitions of the collectors of the ports of Philadelphia, Norfolk, and Plymouth, (Massachusetts,) and of the naval officer of the port of Philadelphia, ought not to be granted.

2d. That there be allowed to James H. McCulloch, collector of the port of Baltimore, the sum of $1,500, as a remuneration for services in his said office, during the years 1808, 1809, and 1810, for which his official emoluments were an inadequate compensation.

The committee beg leave further to report: That, in the course of the examinations which became necessary in relation to the merits of the particular cases under consideration, their attention has been drawn to the practical operation of those portions of the revenue laws which were designed to limit, within reasonable bounds, the net annual emoluments of the officers of the customs, in some of the principal ports of the Union.

2d. The payment over, by some of the present in-have, during that period, been kept within as reasoncumbents of those particular offices, to the legal representatives of their deceased predecessors, of a moiety of the commissions arising from duties bonded by such predecessors, but actually received by such incumbents, pursuant to the 4th section of the act to establish the compensations for those officers, passed March 2d, 1799. On this view of the subject, the committee would remark, that, so far as such diminution of compensation has been occasioned by the first mentioned cause, it must be expected by public officers, whose emoluments depend, in a great degree, upon the actual state of the general commerce of the country, that they should, in some measure, share their part in the occasional variations which, at particular periods, may happen to that commerce; and if, during some years, they are enabled to receive an amount which is obviously something more than an average compensation for services equally arduous, in the ordinary branches of private business, it ought not to be complained of, if, in other years, they should receive somewhat less. Applying this principle to the case of the particular officers under consideration, the committee are convinced that, upon an average of three years, from 1808 to 1810, both inclusive, those officers (with the exception of the collector of Baltimore) have been enabled to receive an annual compensation for their services, which, in reference to the general rewards of skill and industry, during that period, ought, under all the circumstances of their case, to be deemed a reasonable one. The net emoluments of the collector of Philadelphia, (including the half commissions paid to his predecessor) during that period, amounting to the average sum of $2,537 12, annually; those of the naval officer of that port, to $2,625 89; those of the collector of Norfolk, to $921 82; and those of the collector of Plymouth, to $1,341 45. That, so far as the net emoluments of some of those officers have been affected by the second consideration above stated, it ought not to form a ground for remuneration by the Government, since it is a circumstance incident to all other officers of the same description, upon the commencement of their official duties, and is, in effect, but the advance of a sum out of their first year's emoluments, which they may calculate upon being refunded to them, or their legal representatives, after the expiration of their official duties by death or resignation.

That some inequalities exist in the compensations now allowed to the officers of the customs, is not improbable, and a general review of that subject may, at a suitable time, be proper and expedient.. But it is doubted whether the present unsettled state of our commerce and revenue will afford sufficient data on which any permanent regulations in this behalf ought to be founded.

By the third section of the act of Congress, passed on the 20th day of April, 1802, it is provided "that, whenever the annual emoluments of any collector of the customs, after deducting therefrom the expenditures incident to his office, shall amount to more than five thousand dollars, or those of a naval officer, after a like deduction, to more than three thousand five hundred dollars, or those of a surveyor, after a like deduction, to more than three thousand dollars, the surplus shall be accounted for, and paid by them, respectively, to the Treasury of the United States."

The principal items composing the aggregate of "expenditures incident to these offices," consist of clerk hire, stationery, office rent, and fuel; an account of which, those officers are now required by law to transmit, annually, to the Comptroller of the Treasury, to be by him laid before Congress. So long as the whole net amount of emoluments received by them, respectively, does not exceed the maximum which they are authorized to retain for their own compensation, the personal interest of the officer is undoubtedly a sufficient check against an unreasonable application of their gross emoluments for clerk hire and other official expenses. But, whenever the net amount comes to exceed that maximum, it is evident that the expenditures for those objects are liable to misapplication and abuse. In the branch of clerk hire, particularly, the establishment of an officer may be extended amongst his friends, connexions, and dependents, to a degree limited only by the amount of which the whole net emoluments of the office exceeded that to which the law has limited the personal compensation of the officer. The committee do not pretend to aver that any in

The case of the collector of Baltimore is the only one, amongst those referred to them, which, in the judg-stances of such actual misapplication or abuse have ment of the committee, is attended with such obvious circumstances of hardship, and so striking inadequacy of compensation, as to justify extending to him specific and temporary relief. The present collector came into office near the commencement of the year 1808; and

been brought to their knowledge; but it is deemed their duty to state those of which the system, under present regulations, is susceptible, From the information received from the Treasury Department, it appears that no legal or practical check against such

DECEMBER, 1811.

Compensation to Revenue Officers.

H. of R.

cial expenditures of the collector of Baltimore, from the year 1805, inclusive, to the present period.

2d. A similar statement in relation to the collectors of Philadelphia and Norfolk for the preceding quarters of the year 1811.

3d. A statement of the official expenditures of the three officers aforesaid, from the year 1807, inclusive, to the present period, noting distinctly, the nature of those expenditures, the number of clerks employed by each, with their respective salaries and compensations. 4th. Whether the official expenditures of the collectors (particularly that portion of them occasioned by clerk hire) may not, without inconvenience, be diminished in proportion to the corresponding diminution of the current official business and emoluments of the sev

5th. Whether the necessary actual duties of said officers have not, in a good measure, diminished in a corresponding proportion to the diminution of their net emoluments.

abuses now exists in that Department. It may, perhaps, be difficult to provide any which shall be entirely effectual. It has occurred to the committee, that some limitations upon the amount of clerk hire might properly be provided; that it should be made the duty of all custom-house officers to return to the Comptroller of the Treasury a specification of the number, names, and respective compensation, of all clerks employed by them; and giving to the accounting officers of the Treasury Department a power of revising the accounts of office expenditures, and disallowing such parts thereof as should appear to them unreasonable or improper. That all the emoluments arising from any agency employment, or office, attached to, or dependent on, any principal office in the customs, should be included in their general annual return of emoluments and expend-eral officers. itures the returns heretofore made, as it is understood, not being uniform in this respect, some of the officers including those particular emoluments in their returns, and others omitting them. In illustration of the nature and extent of these emoluments, it is to be observed. that all the collectors, in the ports where there are no surveyors, and the surveyors, in those ports where there are such officers, hold a separate commission of inspector of the revenue for the port, in virtue of which they are entitled to certain fees. One collector, in each State, under the act of April 6th, 1802, (for repealing the internal taxes) has been authorized to prepare certain certificates to accompany spirits, wines, and teas, imported, for which they receive certain fees. Sundry collectors are agents for the marine hospital, and superintendents of light-houses, for which they receive certain commissions on moneys expended by them. And whether it is within the intention of the law of the 30th of April, 1802, limiting the compensations of these officers, that such incidental emoluments should be included in that limitation, or not, it is equally proper that their annual amount should be known, and brought within the review and controlling powers of Congress.

Although the amount received by the custom-house officers, for their share of fines, penalties, and forfeitures, does not form a part of their ordinary emoluments, so as to subject this portion of them to the limitation, yet they ought, as it is conceived, to include them in their returns, and for this obvious reason, viz: that the same causes which may have much diminished the regular emoluments of those officers, may, and probably have, greatly increased the casual ones arising from this source. Another reason for requiring such returns is that of uniformity-some of the officers now including, and others omitting them.

Some regulations of this sort, designed to bring the official expenditures of the officers of the customs more immediately under the review of the Legislature, and the reasonable control of the Treasury Department, have suggested themselves to the committee, and have been incorporated into the bill, which, by order of the House, is herewith reported.

COMMITTEE ROOM, November 19, 1811. SIR: The Committee of Ways and Means, to whom has been referred the several memorials of the collectors of Norfolk, Philadelphia, and Baltimore, praying for extra compensation for past services, and for an increase of the commissions attached to their offices, for the future, and which are herewith enclosed, have directed me to request of you the following information, viz:

1st. A statement of the gross emoluments and offi

6th. What practical checks exist against the improper expenditure of money for clerk hire and other office expenditures, and what are the general rules adopted by the Treasury Department in relation thereto.

7th. Such information, tending to elucidate the subjects referred to the committee, as you may think proper to communicate.

I am, sir, with great respect, your obedient servant,
E. BACON.

Hon. A. GALLATIN,

Secretary of the Treasury.

TREASURY DEPARTMENT,
December 2, 1811.

SIR: I have the honor to enclose the statements of

emoluments and official expenditures of certain collectors, required by your letter of 19th ultimo, so far as the same are known at the Treasury.

I do not know the number and salaries of clerks em

ployed by the collectors. No other returns are required from them by law, in that respect, than those which have been annually transmitted to Congress. The Treasury has no control over, or checks against, the employment of a superfluous number of clerks by those officers-the only check provided by law being the amount of their gross emoluments, out of which they must pay their clerks, office rent, fuel, stationery, &c. The expense of clerk hire may certainly be diminished when there is a great diminution of business; but this may decrease more suddenly than it is practicable to dismiss men in your employment. It is so much the interest of the collectors to reduce their expenses, when their profits are diminished, that it is probable that they have all done it as far as they could; but I cannot assert the fact of my own knowledge. I am of opinion that, under the restrictive laws, the personal and actual duties of the collectors have been increased, notwithstanding the diminution of business in other respects. That the three collectors, whose petitions you enclosed, have not, during the period of their services, received a compensation adequate to those services, appears to me evident. How far justice and policy may require that an additional allowance shonld be made to them on that account, is not a question for me to decide. I have the honor to be, &c.

ALBERT GALLATIN.

Hon. E. BACON, Chairman
Committee of Ways and Means.

Additional Military Force.

DECEMBER, 1811.

Additional Military Force.

H. OF R.

Suppose one-third of the force he had mentioned (25,000 men) could reduce the country, say in three years, and that the whole could accomplish the same object in one year, taking into view the greater hazard of the revulsion and defeat of the small force, and every other consideration, do not wisdom and true economy equally decide in favor of the larger force, and thus prevent failure in consequence of inadequate means? He begged gentlemen to recollect the immense extent of the United States; our vast maritime frontier, vulnerable in almost all its parts to predatory incursions, and he was persuaded they would see that a regular force of twenty-five thousand men was not much too great, during a period of war, if all design of invading the provinces of the enemy

to be kept up and used only in the event of war. itself into the question merely of a short or proIt was further conceded that its principal desti- tracted war, a war of vigor, or a war of languor nation would be the provinces of our enemy. By and imbecility. If a competent force be raised, the bill, which had been passed, to complete the in the first instance, the war on the Continent peace establishment, we had authorized the col- will be speedily terminated. He was aware that lection of a force of about six thousand men, ex-it might still rage on the ocean. But, where the clusive of those now in service, which, with the nation could act with unquestionable success, he twenty-five thousand provided for by this bill, was in favor of the display of an energy correwill give an aggregate of new troops of thirty-spondent to the feelings and spirit of the country. one thousand men. Experience in military affairs has shown that, when any given number of men is authorized to be raised, you must in counting upon the effective men which it will produce deduct one-fourth or one-third for desertion, sickness, and other incidents, to which raw troops are peculiarly exposed. In measures relating to war, it is wisest, if you err at all, to err on the side of the largest force, and you will consequently put down your thirty-one thousand men at not more than an effective force in the field of about twenty-one thousand. This, with the four thousand now in service, will amount to twenty-five thousand effective men. The Secretary of War has stated, in his report, that, for the single purpose of manning your forts and garrisons on the seaboard, twelve thousand six hundred men are necessary.were abandoned. Although the whole of that number will not be Mr. C. proceeded next to examine the nature taken from the twenty-five thousand, a portion of of the force contemplated by the bill. It was a it probably will be. We are told that, in Canada, regular army, enlisted for a limited time, raised there are between seven and eight thousand reg- for the sole purpose of war, and to be disbanded ular troops. If it is invaded, the whole of that on the return of peace. Against this army all force will be concentrated in Quebec, and will our Republican jealousies and apprehensions are you attempt that almost impregnable fortress attempted to be excited. He was not the advowith less than double the force of the besieged? cate of standing armies; but the standing armies Gentlemen who calculate upon volunteers as a which excite most his fears are those which are substitute for regulars, ought not to deceive them-kept up in time of peace. He confessed he did selves. No man appreciated higher than he did not perceive any real source of danger in a milithe spirit of the country. But, although voluntary force of twenty-five thousand men in the teers were admirably adapted to the first operations of the war, to the making of a first impression, he doubted their fitness for a regular siege, or for the manning and garrisoning of forts. He understood it was a rule, in military affairs, never to leave in the rear a place of any strength undefended. Canada is invaded; the upper part falls, and you proceed to Quebec. It is true, there would be no European enemy behind to be apprehended; but the people of the country might rise; and he warned gentlemen, who imagined that the affections of the Canadians were with us, against trusting too confidently on a calculation, the basis of which was treason. He concluded, therefore, that a portion of the invading army would be distributed in the upper country, after its conquest, among the places susceptible of military strength and defence. The army, considerably reduced, sets itself down before Quebec. Suppose it falls? Here again will be requisite a number of men to hold and defend it. And, if the war is prosecuted still farther, and the lower country and Halifax are assailed, he conceived it obvious that the whole force of twenty-five thousand men would not be too great.'

The difference between those who were for fifteen thousand, and those who were for twentyfive thousand men, appeared to him to resolve

United States, provided for a state only of war, even supposing it to be corrupted and its arms turned, by the ambition of its leaders, against the freedom of the country. He saw abundant security against the success of any such treasonable attempt. The diffusion of political information among the great body of the people constituted a powerful safeguard. The American character has been much abused by Europeans, whose tourists, whether on horse or foot, in verse and prose, have united in depreciating it. It is true that we do not exhibit as many signal instances of scientific acquirement in this country as are furnished in the Old World; but he believed it undeniable that the great mass of the people possessed more intelligence than any other people on the globe. Such a people, consisting of upward of seven millions, affording a physical power of about a million of men, capable of bearing arms, and ardently devoted to liberty, could not be subdued by an army of 25.000 men. The wide extent of country over which we are spread was another security. In other countries, France and England for example, the fall of Paris or London is the fall of the nation. Here are no such dangerous aggregations of people. New York, and Philadelphia, and Boston, and every city on the Atlantic, might be subdued by an usurper, and he would

have made but a small advance in the accomplishment of his purpose. He would add a still more improbable supposition, that the whole country east of the Alleghany was to submit to the ambition of some daring chief, and, he insisted, that the liberty of the Union would be still unconquered. It would find successful support from the West. We are not only in the situation just described, but a great portion of the militia-nearly the whole, he understood, of that of Massachusetts-bave arms in their hands; and he trusted in God that that great object would be persevered in until every man in the nation could proudly shoulder the musket which was to defend his country and himself. A people having, besides one General Government, other local governments in full operation, capable of commanding and exerting great portions of the physical power, all of which must be prostrated before our Constitution is subverted. Such a people has nothing to fear from a petty, contemptible force of 25,000 regulars.

DECEMBER, 1811.

nomination, we lose annually, in revenue only, ten millions of dollars. Gentlemen will say, repeal the law of non-importation. He contended that, if the United States were capable of that perfidy, the revenue would not be restored to its former state, the Orders in Council continuing. Without an export trade, which those orders prevent, inevitable ruin would ensue, if we imported as freely as we did prior to the embargo. A nation that carries on an import trade without an export trade to support it, must, in the end, be as certainly bankrupt, as the individual would be, who incurred an annual expenditure, without an income.

He had no disposition to swell, or dwell upon the catalogue of injuries from England. He could not, however, overlook the impressment of our seamen; an aggression upon which he never reflected without feelings of indignation, which would not allow him appropriate language to describe its enormity. Not content with seizing upon all our property, which falls within her raMr. C. proceeded more particularly to inquire pacious grasp, the personal rights of our countryinto the object of the force. That object, he un- men-rights which forever ought to be sacred, are derstood, to be war, and war with Great Britain. trampled upon and violated. The Orders in It had been supposed, by some gentlemen, impro- Council were pretended to have been reluctantly per to discuss publicly so delicate a question. He adopted as a measure of retaliation. The French did not feel the impropriety. It was a subject, in decrees, their alleged basis, are revoked. England its nature, incapable of concealment. Even in resorts to the expedient of denying the fact of countries where the powers of Government were the revocation, and Sir William Scott, in the celconducted by a single ruler, it was almost impos- ebrated case of the Fox and others, suspends judg sible for that ruler to conceal his intentions when ment that proof may be adduced of it. And, at he meditates war. The assembling of armies, the the moment when the British Ministry through strengthening of posts, all the movements prepara-that judge, is thus affecting to controvert that tory for war, and which it was impossible to disguise, unfolded the intention of the Sovereign. Does Russia or France intend war? the intention is almost invariably known before the war is commenced. If Congress were to pass a law, with closed doors, for raising an army for the purpose of war, its enlistment and organization, which could not be done in secret, would indicate the use to which it was to be applied; and we cannot suppose England would be so blind as not to see that she was aimed at. Nor could she, did he apprehend, injure us more by thus knowing our purposes than if she were kept in ignorance of them. She may, indeed, anticipate us, and commence the war. But that is what she is, in fact, doing, and she can add but little to the injury which she is inflicting. If she choose to declare war in form, let her do so, the responsibility will be with her.

fact, and to place the release of our property upon its establishment, instructions are prepared for Mr. Foster to meet at Washington the very revocation which they were contesting. And how does he meet it? By fulfilling the engagement solemnly made to rescind the orders? No, sir, but by demanding that we shall secure the introduetion into the Continent of British manufactures. England is said to be fighting for the world, and shall we, it is asked, attempt to weaken her exertions? If, indeed, the aim of the French Emperor be universal dominion (and he was willing to allow it to the argument,) what a noble cause is presented to British valor. But, how is her philanthropic purpose to be achieved? By scrupulous observance of the rights of others; by respecting that code of public law, which she professes to vindicate, and by abstaining from self-aggrandizement. Then would she command the sym

What are we to gain by war, has been emphat-pathies of the world. What are we required to ically asked? In reply, he would ask, what are we not to lose by peace?-commerce, character, a nation's best treasure, honor! If pecuniary considerations alone are to govern, there is sufficient motive for the war. Our revenue is reduced, by the operation of the belligerent edicts, to about six million of dollars, according to the Secretary of the Treasury's report. The year preceding the embargo, it was sixteen. Take away the Orders in Council, it will again mount up to sixteen millions. By continuing, therefore, in peace, if the mongrel state in which we are deserve that de

do by those who would engage our feelings and wishes in her behalf? To bear the actual cuffs of her arrogance, that we may escape a chimerical French subjugation! We are invited, conjured to drink the potion of British poison actually presented to our lips, that we may avoid the imperial dose prepared by perturbed imaginations. We are called upon to submit to debasement, dishonor, and disgrace to bow the neck to royal insolence, as a course of preparation for manly resistance to Gallic invasion! What nation, what individual was ever taught, in the schools of igno