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representatives, until he or they shall make application On motion, by Mr. Roberts, that the further therefor to the Secretary of the Treasury, who, upon consideration of the bill be postponed 10 Monday such application, shall, by warrant on the Treasurer, next, it was determined in ihe negative-yeas 8, cause the same to be paid to the applicant.”.
nays 21, as follows: It was determined in the affirmative-yeas 13, YEAS— Messrs. Anderson, Chace, Condit, Hunter, Days 10, as follows:
Lambert, Roberts, Varnum, and Wells. Yras—Messrs. Bledsoe, Dana, Gore, Horsey, Hun Navs — Messrs. Bibb, Bledsoe, Brown, Daggett, ter, King, Lambert, Mason, Smith, Thompson, Var. Dana, Fromentin, Gaillard, German, Gore, Kerr, King, num, Walker, and Wells.
Lacock, Mason, Morrow, Smith, Tait, Taylor, ThompNars-Messrs. Bibb, Daggett, Gaillard, German, son, Turner, Walker, and Wharton. Kerr, Lacock, Morrow, Roberts, Tait, and Taylor. On motion, by Mr. ANDERSON, to add a new
Further amendment having been proposed by section to the bill, as follows: Mr. Bledsoe, on motion, the further considera Sec. 4. And be it further enacted, That the same tion of the bill was postponed until to-morrow. kind of money, bank notes, or other paper, which the
The Senate resumed, as in Commistee of the United States shall have paid, or may at any time Whole, the consideration of the bill supplement- hereafter pay, to the militia of the respective States, ary to the act, entitled "An act providing for the for military services rendered to the United States, indemnification of certain claimants of public shall be receivable in the payment of the direct and lands in the Mississippi Territory; and on mo- other taxes, which have been, or shall bereafter be, tion, by Mr. Hunter, it was referred to a select authorized by Congress.” committee, to consider and report thereon; and It was determined in the negative. Messrs. Gore, HUNTER, and Taylor, were ap On the question, Shall this bill be read a third pointed the committee.
times it was determined in the affirmative.
The Senate proceeded to consider the amend.
ments disagreed to by the House of RepresentaWEDNESDAY, January 4..
tives to the bill, entitled "An act to provide addiThe Senate resumed the consideration of the tional revenues for defraying the expenses of bill authorizing the President of the United States Government, and maintaining the public credit, to cause to be built, equipped, and employed, one by laying duties on various goods, wares, and or more floating batteries, for the defence of the merchandise, manufactured within the United waters of the United States; and, on motion, by States." Whereupon, Mr. Smith, the further consideration thereof was Resolved, That ihey recede from their ameod. postponed to Saturday next.
ments disagreed to by the House of RepresentaMr. GORE, from the committee to whom was tives, except so much of the fifth amendment, as referred the bill supplementary to the act, enti- follows: "umbrellas and parasols, if above ihe tled "An act providing for the indemnification of value of two dollars, eighi per centum ad vacertain claimants of public lands in the Missis- lorem ;” and that they do insist on said amend. sippi Territory," reported it with amendments. ment.
A message from ihe House of Representatives The Senate proceeded to consider the amendinformed the Senate that the House agree to ments disagreed to by the House of Representasome and disagree to other amendments of the tives to the bill, entitled "An act to provide Senate to the bill, entitled "An act to provide ad- additional revenues for defraying the expenses of ditional revenues for defraying the expenses of Government, and maintaining the public credit, Government, and maintaining the public credit, by laying duties on household furniture, on horses by laying duties on various goods, wares, and kept exclusively for the saddle or carriage, and merchandise, manufactured within the United on gold and silver watches." States."
Whereupoo, on motion by Mr. TAYLOR, They disagree to all the amendments of the Resolved, that the Senate insist on their amendSenate to the bill, entitled “An act to provide ment disagreed to by the House of Representaadditional revenues for defraying the expenses of tives. Government, and maintaining the public credit, The Senate resumed, as in Committee of the by laying duties on household furniture, on horses Whole, the consideration of the bill, entitled "An kept exclusively for the saddle or carriage, and act to authorize the President of the United States on gold and silver watches.”'
to accept the services of volunteers who may asThe Senate resumed, as in Committee of the sociate and organize themselves, and offer their Whole, che consideration of the bill, entitled "An services to the Government of the United States, act to provide additional revenues for defraying together with the amendments reported thereto the expenses of Government, and maintaining by the select committee; and Mr. Brown subthe public credit, by laying a direct tax upon the mitted a new section to be added as an amendUniied States, and to provide for assessing and ment to the bill. collecting the same," and Mr. Bledsoe withdrew On motion, it was agreed that the further conhis motion to amend the bill; and the PRESIDENT sideration thereof be postponed. reported it to the House amended.
The Senate resumed as in Committee of the On the question, to agree to the amendments Whole, the consideration of the bill for ths relief made in Committee of the Whole, it was deter- of William Gamble; and no amendment having mined in the negative.
been proposed, on the question, Shall this bill be
engrossed and read a third time? it was deter- the widows and orphans of militia and volunteer mined in the affirmative.
soldiers who shall die or be killed in the service
of the United States," reported it without amendTHURSDAY January 5.
The Senate resumed, as in Committee of the On motion, by Mr. MORROW,
Whole, the bill, entitled "An act to authorize Resolved, That the committee appointed on the President of the United States to accept the the memorial of the Legislature of the Indiana services of volunteers who may associate and Territory, be instructed to inquire into the expe- organize themselves, and offer their services to diency of' allowing further time for completing the Government of the United States;” and Mr. the surveys, and ohtaining the patents on locations Mason submitted an amendment to the bill. On heretofore made under land warrants issued by motion, it was agreed that the further consideravirtue of resolutions of the Legislature of Virginia, tion thereof be postponed. passed prior to the cession of the Northwestern
Mr. Bledsoe submitted the following motion Territory to the United States, as a bounty for
for consideration : military services in the Continental line; and that the committee report by bill or otherwise.
Resolved, That the committee on so much of the A message from the House of Representatives Message of the President of the United States as reinformed the Senate that the House insist on their lates to our naval affairs, be instructed to inquire into
the expediency of establishing a naval school. disagreement to the amendment of the Sepate to the bill, entitled "An act to provide additional reve
DIRECT TAXES. nues for defraying the expenses of Government, The bill entitled "An act to provide additional and maintaining the public credit, by laying revenue for defraying the expenses of Govern. duties on various goods, wares, and merchandise, ment, and maintaining the public credit, by laymanufactured within the United States.” They ing a direct lax upon the United States, and io also insist on their disagreement to the amend provide for assessing and collecting the same," was ments of the Senate to the bill, entitled "An act read a third time. to provide additional revenues for defraying the Mr. GORE, of Massachusetts, addressed the Chair expenses of Goveroment, and maintaining the as followspublic credit, by laying duties on household furni. Mr. President: This bill imposes burdens exture, on horses kept exclusively for the saddle or tremely heavy on all the citizens of our common carriage, and on gold and silver watches." They country, and on those with which I am most acask a conference on the disagreeing votes of the quainted, a load, that, under existing circumtwo Houses on the bill last mentioned, and have stances, will be intolerable. appointed managers on their part.
With the principle of the bill, in selecting as On motion, by Mr. Taylor, the Senate agreed objects of taxation the lands and buildings of the to the conference proposed by the House of Rep- United States, I have no fault to find. resentatives on the bill last mentioned, and Messrs. I consider them as fit and proper subjects of Taylor, Bledsoe, and DaggeTT, were appointed revenue, and such assessments calculated to equalthe managers at the same, on their part.
ize the burdens of the country, as imposing them On motion by Mr. BiBB,
on all parts, and with more impartiality than can Resolved, That the Senate ask a conference on be attained by any other mode. the disagreeing votes of the two Houses, on the And, sir, I should feel it my duty to vote for a amendment to the bill
, entitled "An act to provide bill, imposing such a tax, 10 any reasonable additional revenues for defraying the expenses of amount, had it not pleased the Government of the Government, and maintaining the public credit, nation to place the State, which I have the honor by laying duties on various goods, wares, and mer to represent, out of the protection of the United chandise, manufactured within the United States." States, and to determine, that while it shall bear
Ordered, That Messrs. Taylor, Bledsoe, and a full proportion of the taxes, none of their fruits Daggett, be the managers at the same, on their shall redound to her relief. part.
The motives of Congress, in granting supplies, The bill for the relief of William Gamble was are doubtless to provide for the defence of the read a third time, and passed.
country and the security of its rights, by a safe The Senate resumed, as in Committee of the and honorable peace. Whole, the consideration of the bill supplementary These motives are wise and irresistible; all conto the act, entitled "An act providing for the in cur in the necessity of defending our territory demnification of certain claimants of public lands against the enemy; and in the assertion and in the Mississippi Territory,” together with the maintenance of our essential rights, at every peril, amendments reported thereto by the select com and if necessary, by the sacrifice of all that conmittee; and the amendments having been agreed duces to private ease and personal enjoyment. to, the President reported the bill to the House No one feels this truth more sensibly than myaccordingly, and it was further amended, and the self-no one coosiders the duty more imperative. bill ordered to be engrossed and read a third time with its obligations I have no compromises to as amended.
make, and in its performance I ask for no limita. Mr. VARNUM, from the committee to whom was tions, on accouni of the folly and improvidence referred the bill, entitled "An act to provide for with which the war was waged, nor of the de
grading imbecility and prodigal waste of treasure, on Washington. In this city, were all the means of blood, and character, by which it has been of defence, fortresses, ships, cannon, men, and prosecuted.
money; here, 100, was concentrated all the wisThe enemy, publicly proclaims his purpose. to dom of the Administration, to deliberate, examine, spread desolation, far and wide, on our unprotect- decide, and prepare for the support of the Capitol, ed seacoast. He proceeds to execute his threats at least sixty days prior to its destruction, by a with a barbarity and baseness, in many instances, few thousand worn down and exhausted soldiers. unprecedented.
You have now in full view, the effect of their The mansions of the rich, the palaces of the combined councils of their individual and united nation, and the cottages of the poorest citizens, talents, prudence, and energies. feel alike his disgraceful vengeance. The opu These monuments show, in characters not to lence of the wealthy is destroyed; the means of be mistaken, the future in the past, and the desosubsistence to the impoverished inhabitants of the lation around. They declare the fate of every sands are redeemed from his rapacity by grind-place, under the influence and protection of our ing impositions, which the charity of such as be- Government, if approached by ihe enemy. ing out of the reach of his power are alone able Congress continues to grant, with no sparing to supply. Even the ashes of the dead are not hand, supplies of every kind to the same men, in suffered to repose in quiet. And, as the last act the hope, it is imagined, that Heaven may, by of atrocity, your slaves are seized and seduced, some miracle, interpose for their application to embodied in military array, and led to the de- the safety and relief of the country. struction of their masters and the plunder of their Permit me, sir, to crave your indulgence, and possessions.
that of the honorable Senate, while I relate the Whether those acts seek an apology in the con condition of the country which I represent, as the duct of our own Government, we cannot inquire grounds of the vote I am constrained to give on for the purpose of weighing our duty to repel his this occasion. The State of Massachusetis has a attack. "Whoever comes to our shores, in the seacoast of about six hundred miles in extent. Ils character of an enemy, must be resisted. We Eastern boundary joins that of the enemy. It is, must do all in our power to defend ourselves and of course, peculiarly liable to invasion. The our soil from an invading foe.
President of the United States was avowedly of A question arises, have we any grounds for be the opinion that it would be invaded immediaiely lieving that the grants of men and money will on the commencement of the war. There were be wisely applied to the purposes of defence and several islands, and one of great importance, on protection ?
the Eastern frontier, lhe tiile to which was not Honorable gentlemen will please to go back to definitively acknowledged by Great Britain. The November, 1811, when the Executive, in winding claim of Massachusetts had been allowed, by this its devious course to the fatal act of 'June 1842, Power, in a treaty made according to the instrucaddressed the hopes, the fears, the vanity, and lions of the President, which treaty the Voiled pride of the people, and, avowing its duty to estab- States had chosen to reject. The Government, lish the general security, assured the nation " that therefore, superadded to the general obligation • the works of defence on our maritime frontier enjoined upon it, to protect and defend the terri
had been prosecuted with an activity leaving tory of all the States, had incurred a peculiar re• little to be added for the completion of the most sponsibility to guard this particular frontier from
important ones. The land forces so disposed as falling into the hands of the enemy. to insure appropriate and important services,
This State has been left entirely unprotected and embodied and marched toward the North- and defenceless, and has at no time had within it, ' western frontiers," to seek satisfaction for acts, and destined to its defence, sufficient force of the which
it was declared, had alike "the character United States, to protect any one point against a and effect of war."
common and ordinary hostile attack. The subsequent course of things must be full Shortly after the adoption of the Constitution in the mind of every one, and the result known she ceded to the United States all the fortresses and felt by all.
in her possession. These, with all the prominent We learn that the same measures are to be pur: points of land and sites, appropriate for fortificasued. The Atlantic coast is to be defended as tions to defend the State against invasion, were, heretofore, by attempts on Canada. This is frank- and for a long time previous to the war had been, ly and formally told to the Congress, that no pre- in the exclusive possession of the United States. tence can be urged, in future, of disappointment The State, therefore, had do authority or jurisor deception.
diction over, nor even to enter them. for any purI forbear to speak on this subject. In the ac- pose; much less to assume the defence of their tual state of things, all reasoning must be futile. ierritory, through these means. The powers of language cease before the eloquent One great and principal object of the Constimonitors constantly in our view.
tution was to provide by this Government for the We are doomed to remain in this scene, that common defence, and, by the power and resources we may not, for a moment, lose sight of our deg- of all the States, to protect each against invasion. radation and disgrace.
The preamble declares: “We, the people of The Government had complete information of the United States, in order to form a more perthe designs of the enemy, months before his attack l'fect union, establish justice, insure domestic
tranquillity, provide for the common defence, protection and defence, on the Government of promote the general welfare, and secure the bles- the United States. sings of liberty 10 ourselves and our posterity, do No one will pretend that such defence has been ordain and establish this Constitution." For afforded to all the States in the Union. Massathis end, the Siales surrendered the principal chusetts has been entirely abandoned. The men sources of revenue, over which they, previously, raised there for the regular Army have been had uncontrolled dominion.
marched out of the State. " The Congress shall have power-to lay and Within a month after the declaration of war, collect taxes, duties, imposts, and excises, to pay the Governor of that State was informed, by dithe debis, and provide for the common defence," rection of the President, that the regular troops "10 borrow money on the credit of the United were all ordered from the seacoast; and his threat, Siales."
if intended as such, was instantly executed. Thus, Here are ample resources, and means commen- the moment the United States had placed the surate to the duties the United States were en- country in a situation to require defence, and joined and undertook to perform.
which it was their duty to provide, they wantonly This cannot be denied by the inen now in pow- took away the only force which could afford it. er; for they abolished many taxes, in full and It may be said, that the President called forth productive operation, at the time they received the militia, in June and July, 1812, for the pure the Government.
pose of making the defence, and protecting the Power was also granted to raise and support State against invasion, and the Governor refused every kind of force pecessary to insure the com to obey the requisition. On the 12th June, 1812, mon defence, and to protect the States against the President, by his Secretary of War, requested invasion, viz: “To raise and support armies." Governor Strong 10 order into the service of the "To provide and maintain a Navy.” To exer- United States, on the requisition of General ercise exclusive legislation over all places pur- Dearborn, such parts of the militia as the General chased by the consent of the Legislatures of the might deem necessary for the defence of the seaStates in which the same shall be, for the erec- coast; and, on the 22d Jupe, the same General tion of forts, magazines, arsenals, dock yards, and informed the Governor that war was declared other needful buildings."
against Great Britain, and requested forty-one The several States, having surrendered their companies for the defence of the ports and harown resources, and afforded such ample provision bors in Massachusetts, and the harbor of Newfor the common defence, left no doubt of the par port, in Rhode Island. amount duty in the United States to perform it The Governor of a State is obliged to comply punctually and faithfully.
with every requisition of the United States for In the present war, they are without excuse, if militia, made in pursuance of the provisions of this be not fully and perfectly done; for the war the Constitution. He is equally bound, by his was of their own choice; they made it, and at duty to the States, to refrain from calling ihem their own time.
forth for purposes not within these provisions, The several States received from the United The only cases which authorize a call for the States a solemn obligation, that they would pro- militia of the several States, to act agaiost an entect each against invasion. “The United States emy, is to repel invasion. guarantee to every State a Republican form of The President, neither by himself oor any of Government, and shall protect each of them his officers, ever pretended ibat this case existed, against invasion."
at the time the requisition was issued. The reIf anything were wanting to show the sacred- quisition was made expressly for the defence of ness of this duty in the United States, and the the ports and barbors of thai State and of Rhode absolute reliance which the States entertained of Island. its complete performance, it is to be found in The militia is a force which belongs to the serthe restrictions and privations which the several eral States respectively and exclusively, and is so States imposed on themselves.
recognised by the Constitution of the United “No Siate shall grant letters of marque and States. The Goveroment of the United States · reprisal. No State shall, without the consent of is a Government of limited authorities, and has no • Congress, lay any imposts, or duties on imports Other powers thao what are granted by the Con'or exports,” except. &c. “No State shall, with-stitution. A power to call forth the militia to out the consent of Congress, lay any duty of provide for the common defence, or to protect tonnage, keep troops or ships of war, in time of | against invasion, is nowhere granted to the Unipeace, enter into any agreement or compact with ted States in express terms. All the authority another State, or with a foreign Power, or over the militia delegated to the United States, is engage in a war, unless actually invaded, or to call them forth to repel invasion, to execute in such imminent danger as will not admit of the laws, and to suppress insurrection. The Unidelay."
ted States are bound to provide for the common Having thus surrendered all the pecuniary re- defence. sources, necessary to provide the means of defence, To repel invasion is included in the duty of and also the right to raise a force requisite to this providing for the common defence ; and as invaend, the several States did rely, and were justified sion may be sudden, even in time of profound in relying, with perfect confidence, for completel peace, and before the United States can bring
their forces to meet an unexpected attack, the States, and especially under the express limitation, militia of the several States is granted to the Uni- viz: "that powers not delegated to the United ted States, from the necessity of the case, as the States, by the Constitution, nor prohibited by it means by which they may provide for the com to the States, are reserved to the States, or to mon defence in such particular instance. the people," such construction may be adopted,
If the United States have authority to call forth there remains no security for any right reserved the militia, for the ordinary purposes of war, for to the States, or to the people. the common defence, or for protection against However conclusive this reasoning may be, it invasion, under any of the general powers granted, is not to be presumed that, after the strides of such as that to provide for the common defence, power in which the spirit of party has indulged, there would have been no necessity for the spe- it will have any effect on those who direct the cial clause authorizing Congress to provide for affairs of this country. I will, sir, however, refer calling them forth, to repel invasion ; for repelling to opinions and authorities in confirmation of invasion is undoubtedly one part of the duty of what has been advanced, that to many gentlemen providing for the common defence.
did not formally admit either of exception or If it were the intent of the Constitution to grant appeal. to the United States, expressly, a power over the These are to be found in the resolutions and militia for protection against invasion, it would arguments of the Legislature of Virginia, and of have declared that for such purposes the United Mr. Madison, one of that Legislature, in the years States might call forth the militia, or it would 1799 and 1800—I refer the Senate to the third have said, to protect against, or repel invasion. resolution passed by that body, and framed by the And especially in the clause which enjoins on the pen of the President, in the words following: United States the duty of protecting each State
“3, Resolved, That this Assembly doth explicitly against invasion, the Constitution would have and peremptorily declare, that it views the powers declared, and that, for this purpose, the United of the Federal Government, as resulting from the comStates shall call forth the militia. Nosuch words, pact to which the States are parties, submitted by the no such grants, are made in this instrument. Il, plain sense and intention of the instrument constituttherefore, the authority of the United States lo ing that compact, as no further valid than they are aucall forth the militia, to protect the ports and har- thorized by the grants enumerated in that contract; bors of a State, be granted, it must be by the terms and that in case of a deliberate, palpable, and dangerto repel invasion. Common defence includes all ous exercise of other powers, not granted by the said the means by which a nation may be guarded, compact, the States who are parties thereto have a protected, defended, and secured against danger, right and are in duty bound to interpose, for arresting both in war and in peace.
the progress of the evil, and for maintaining within To repel invasion, is only one particular and their respective limits the authorities, rights, and liberspecific act providing for the common defence. ties appertaining to them.” It is contrary to common sense, as well as to all " It is said, that Congress are, by the Constitution, the rules of logic, to say that a specific power or to protect each State against invasion, and that the duty includes the general power, or duty, of which means of preventing, are included in the power of proit is a part; it is to say, ibat a part contains the tection against it." whole.
“ The power of war in general having been before To repel invasion, is to drive back and resist granted by the Constitution, this clause must either be that which has already happened. To protect a mere specification, for greater caution and certainty, against invasion is to prevent its happening, to of which there are other examples in the Constitution, secure against its existence. The one act is against or be the injunction of a duty, superadded to a grant an event that has occurred- the other is to insure of power. Under either explanation, it cannot enlarge and guard against the occurrence of such an event. the powers of Congress on the subject. The power
To protect against invasion, is to erect fortres- and duty to protect each State against an invading ses, to have them well manned, and supplied with enemy would be the samo, under the general powers, if all requisite stores, to provide and equip ships of this regard to greater caution had been omitted.” war, to have an army and navy well organized against invasion is an exercise of the power of war. A
“ Invasion is an operation of war. To protect and disciplined, in peace and in war. To repel power, therefore, not incident to war, cannot be inciinvasion is one specific act of war, against ano-dent to a particular modification of war. 'And as the ther act of the like character.
removal of alien friends has appeared to be no incident To repel invasion is one part of the duty of to a general state of war, it cannot be incident to a providing for the common defence, and for this partial state, or to a particular modification of war.” part a particular force is granted. To say that a “ Nor, can it ever be granted, that a power to act grant of this force, for this special service, in- on a case, when it actually occurs, includes a power cludes a grant of the same force for the purposes over all the means that may tend to prevent the occurof proteciion and defence, is to say, thai a grant rence of the case. Such a latitude of construction for one purpose is a grant for another, and for would render unavailing every practicable definition of every purpose, and that the grant of a limited, is limited powers.”—[See proceedings in the House of the grant of a general authority. This would be Delegates, of Virginia, on the 7th January, 1800, un both illogical and irrational. And if underthelim- the resolutions of the General Assembly of December ilations, wbich were intended to control the pow
21, 1798.] ers granted to the Government of the United If the observations which I have made are