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founded in truth, and justified by the Constitu- render this force to the United States, in a case Lion, the following positions are established, viz: not authorized by the Constitution, they would
That the United States have no right to call betray the trust confided to them by the citizens of on the several States for the militia, io perform their States. They must, therefore, examine the any act of war, but to repel invasion.
case when called upon, and decide according to That to defend the ports and harbors of Mas- their duty, as prescribed by the Constitution of sachusetts and Rhode Island, the purpose for the United States, and that of their particular which the militia was required in 1812, is not State, shall demand. within the power delegated by the Constitution,
General Cushing, while superintendent of the to provide for calling forth the militia to repel military district in which Massachusetts is sitinvasion.
uated, ioformed Governor Strong, that he exIn the case alluded to in 1812, it was not de. pected an order from the President of the United clared by the President, nor even pretended by States, to request a detachment of militia for the his officers, that any invasion was made. In defence of the seacoast, and particularly of Bosfact, no invasion was attempted until iwo years on. That he had not more troops than sufficient after this time. If the United States had no au to man one of the forts, and proposed that one thority to make the requisition, the Governor should be occupied by the militia, and that, while would have betrayed his duty io the State, in out, they should be subject to the command of no complying with the demand.
officer of the United States, except the superinThat ibe United States had no such authority, tendent of the district. The Governor acceded to I think evident from the examination that has the proposal. been made of the powers delegated by the Con General Dearborn shortly after superseded stitution. And the State of Massachusetts, in- General Cushing, and on the 8th July, by order stead of being a just object of censure, by the of the President, and in confirmation of the exUnited States, has a well founded complaint peciation of Brigadier General Cushing, requestagainst their Government, for an attempt to ed a detachment of eleven hundred militia to usurp her rights and invade ber prerogatives. occupy the sorts and harbor of Boston.
A question has sometimes been suggested, Governor Strong, although under no Constituwhether the Governor of a State has a right to tional obligation to call forth the militia for the judge if the requisition be within the provisions purposes required, yet, seeing the forlorn condiof ihe Constitution. A little reflection on the iion of the country, the vast property of the Uninature of the Government of the United States, ted States in the navy yard, a ship-of-the-line and of a Slate, and of the relation in which the nearly completed, and a frigale, all abandoned by Supreme Excutive of the latter staods to the the Goveroment io the mercy of the enemy, at the Uoited States, and to the citizens of his particu- same time that these offered to him great templar State, will show that he is obliged to ex lations to attack and destroy the capital of the amine, if the case for which the requisition is State and its environs, and feeling authorized by made be within the provisions of the Constitution, the resolution of the Legislature of Massachuand if the purposes for which it is declared are setts, detached the militia, in confiden that the manifestly not within the powers delegated by agreement made with General Cushing would that instrument, lo withhold a compliance.
be fulfilled. The Government of the United States can ex At the end of their term of service these men ercise no powers not granted by the Constitution, were offered an uncurrent and depreciated paper, and so far as this Government can support such as their only compensation. as it claims on this charter, it is sovereign, and In the beginning of September, General Dear-, bas no other control than its own discretion. born notified the Governor that the enemy had
The government of the several States is equally taken possession of a considerable part of the sovereign, with respect to every power of an in- State of Massachusetts, and requested a detachdepeodeni State, which it has not delegated by ment of the militia for the purpose of protecting the same instrument to the United States, or and defending such parts of that State, and New which is not thereby prohibited to the several Hampshire, as were pot in the occupation of the States. It is, also, a sacred duly of the Govern- enemy; ment of the several States, to preserve unimpaired Such complaints and objections had arisen in every right and authority retained by the State, executing the order of July, that the Governor, either in its corporate capacity or for its individ although he issued an order for troops, found ual citizeos. Whether ihe militia, the peculiar himself obliged to place the detachment under force of the several States, and that which is to the command of a major general of the militia. protect and defend every right and power they The Governor immediately addressed a letter possess, is called forth by the United States ac- to the Secretary of State, requesting to know cording to the provisions which they made, in from the President if the expenses, thus necesdelegating to this Government its powers, must of sarily incurred for the protection of the State, necessity be a question between two sov ign in would be ultimately reimbursed to that State by dependeat Governments, and on which there is no the United States. tribunal authorized to judge between them. And The answer was, that if the force thus put into if the Governers, who are commanders-in-chief service by the Governor had been required by of the militia of the several States, should surGeneral Dearborn, or received by him, and put
under his command, the expenses attending in ity which she has heretofore observed in the diswould be defrayed by the United States. If charge of taxes, will recollect, that her faculty otherwise, in either of these particulars, the Uni. to meet the demands of the Treasury, even in ted States were not chargeable with the expense. limes the most prosperous, arose principally from
Here is a distinct and plain case, in which the lhe daring enierprise, unrivalled industry, and United States bad neglected that protection rigid economy of the inhabitants; that her rewhich they were expressly bound to afford the sources are now annihilated, and she is borne State, and thereby occasioned the loss of a fifth down by obloquy, insult, and oppression. part of its territory;* and then called upon the They who have observed the patience whereState itself to protect the remaining territory. with she has submitted to see the public treasure The State obeyed the call, and reserved only squandered, to purchase. slanders against her citthat right which the Constitution, in express izens, and notwithstanding a complete failure by terms, reserved, viz: the appoiniment of officers the full confession of the hireling, that these citto command the militia required; and the United izens were so far beyond all temptation as not Stales say this expense must be borne by the even to be approached for dishonorable purposes, State, and that they will not reimburse the has been subjected to the most degrading insinuamount, because the militia is not placed under ations, from The first authority; who have witthe command of an officer of the United States.tnessed all the resources of her wealth, all the
For this act of injustice, for this neglect of means of her industry, the object of unabating duty in the United States towards the State of persecution from the Government, and her posMassachusetts, for this abaodonment of its terri- sessions coldly and expressly abandoned, by the tory to the violence of the enemy, I have never same authority, to the depredations and seizure heard the smallest apology.
of the enemy, may conceive that taxes like these I forbear lo mention the rights of the State, will still be paid for the exclusive protection of the necessity to which this wanton abandonmeni others; but if gentlemen will only condescend to by those who ought to protect them may reduce view the people of this country as their brethren, the inhabitants. The laws of self-preservation, as freemen, as men, they must come to the conand of nature, confirmed by that of nations, af- clusion, that, had they the means, they could not ford the rule for any member of a confederacy possibly have the will. thus deserted aud forsaken,
When Mr. Gore had concludedI most earnestly hope, that although cruelly The question was taken, Shall this bill pass ? deserted by the Government, which contrary to and determined in the affirmative-yeas 23, nays their entreaties brought them into this perilous 7, as follows: condition, that citizens of the country may be able to defend themselves. They will do all that Chace, Condit, Daggett, Fromentin, Gaillard, Ger
Yeas—Messrs. Anderson, Bibb, Bledsoe, Brown, men can do under their circumstances. But I
man, Giles, Hunter, Kerr, Lacock, Morrow, Roberts, am confident, that if this lax be collected there, Smith, Tait, Taylor, Turner, Walker, and Wharton. and paid into the Treasury of the United States, Nars-Messrs. Dana, Gore, Horsey, Lambert, Mafor the exclusive support and defence of others, son, Varnum, and Wells. they will be destitute of the means of making
So it was Resolved, That this bill pass. any adequate resistance. I cannot, therefore, voie for this bill. The present year the Commonwealth has ex
FRIDAY, January 6. peoded more than $700,000 in her own defence. Mr. ROBERTS presented the petition of William She is now called on by this bill for $632,041, 10 Elliot, of the City of Washington, praying the defend other parts of the territory of the United examination of a floating battery which he has States; and her citizens, more exposed than any invented for the protection of the coasts and wa. other, are left to provide for their own defence. ters of the United States, as is stated in the peti.
They who calculated on the ability of Massa- tion; which was read, and referred to the Secrechusetis to pay, from the exactness and punctual- tary for the Department of Navy, to consider and
report thereon to the Senate.
The bill supplementary to the act, entitled "An * There were, at the attack and capture of Castine, act providing for the indemnification of certain twenty-eight men and a Lieutenant in the fort. This claimants of the public lands in the Mississippi was all the protection for one of the most important Territory," was read a third time, and passed. harbors and rivers of the United States, and affording
Mr. Lacock, from the committee appointed the best situation for a naval depot for Great Britain. In the military district, No. 1, which includes New and obtained leave to report a bill making appro
October, 4, 1814, to consider the subjeci, asked Hampshire and Massachusetts, there were less than one thousand three hundred men. These were scattered priations for repairing or rebuilding the public over an extensive tract of country. In the forts, in buildings within the City of Washington; and Boston harbor, there were not two hundred and sixty the bill was read, and passed to a second reading. men, and in the other forts in the State a very small
Oo motion, by Mr. SMITH, corps, inadequate to any defence. There was, how Resolved, That the Message of the President ever, a Major General, a Brigadier General, and several of the United States, of 2d instant, together with Colonels. In no one place were there men enough to the report of the Secretary of the Treasury, thereconstitute a colonel's command.
with communicated, containing a statement of
the proceedings under the "Act to regulate the accept the services of volunteers who may assolaying out and making a road from Cumberland, ciate and organize themselves, and offer their serin the State of Maryland, to the State of Ohio," vices to the Government of the United States,” be referred to a select committee to consider and was read a third time as amended, and the blanks report thereon by bill or otherwise.
were filled. Ordered, That Messrs. Smith, MORROW, and Resolved, that this bill pass with amendments. KING, be the committee.
On motion, by Mr. BiBB, the title was amended, The PRESIDENT communicated a report of the to insert, after “services," the words “ State acting Secretary for the Department of Navy, on troops and;" and 10 strike out, from the word ibe expenditure and application of moneys drawn " volunteers,” to the end thereof. from the Treasury, from the first of October, 1813, A Message from the House of Representatives to the 30th September, 1814, inclusive; and of informed the Senate that the House agree to the the unexpended balances of former appropriations conference proposed by the Senate and the disaremaining in the Treasury on the 1st of October, greeing votes of the two Houses on the amend1813; also a report, comprehending contracts ment to the bill, entitled "An act to provide made by the Navy Department, during the years additional revenues for defraying the expenses of 1813 and 1814, prepared in obedience to the act Government, and maintaining the public credit, of the 3d of March, 1809, entitled "An act further by laying duties on various goods, wares, and to amend the several acts for the establishment merchandise, manufactured within the United and regulation of the Treasury, War and Navy States," and have appointed managers on their Departments;" and the reports were read. part. They recede from their disagreement to
The Senate resumed, as in Committee of the ihe amendments of the Senate to the bill, entitled Whole, the consideration of the bill, entitled "An "An act to provide additional revenues for defrayact to authorize the President of the United States ing the expenses of Government, and maintain. to accept the services of volunteers who may asing the public credit, by laying duties on housesociate and organize themselves, and offer iheir hold furniture, on horses kept exclusively for the serrices to the Government of the United States,” saddle or carriage, and on gold and silver wares," together with the amendments proposed thereto; so far as to adopt the report of the committee of and the bill having been amended, the President conference. reported it to the House accordingly.
Mr. Taylor, from the managers on the part On the question, Shall the amendments be en- of the Senate, at the conference on the amendgrossed and the bill read a third time as amended ?ments of the Senate, disagreed to by the House it was unanimously determined in the affirma- of Representatives to the bill last mentioned, retive-yeas 27, as follows:
ported: YBA8—Messrs. Anderson, Bibb, Bledsoe, Brown, “That the Senate do recede from their amendments Chace, Condit, Daggett, Dana, Fromentin, Gaillard, concerning the rates of duties on household furniture; German, Gore, Horsey, Kerr, King, Lambert, Mason, and, Morrow, Roberts, Robinson, Smith, Tait, Taylor, « That the House of Representatives do recede from Thompson, Varnum, Walker, and Wharton.
their disagreement to all the other amendments made · The Senate resumed the consideration of the in the Senate to the bill." motion made the 5th instant, for instructing the On motion, by Mr. Giles, that the said bill, toNaval Committee to inquire into the expediency gether with the report of the conferees, be postof establishing a naval school; and agreed thereto. poned to the second Monday in March'next; it
The Senate resumed, as in Committee of the was determined in the negative-yeas 8, nays 21, Whole, the consideration of the bill, entitled "An as follows: act to provide for the widows and orphans of mi YEAS— Messrs. Daggett, Dana, Giles, Gore, Hunter, litia and volunteer soldiers who shall die or be Mason, Smith, and Wells. killed in the service of the United States ;” and Nays-Messrs. Anderson, Bibb, Bledsoe, Brown, on motion, by Mr. VARNUM, the further considera- Chace, Condit, Fromentin, Gaillard, German, Lacock, tion thereof was postponed to the second Monday Lambert, Morrow, Roberts, Robinson, Tait, Taylor, in March next.
Thompson, Turner, Varnum, Walker, and Wharton.
On the question, Will the Senate concur in the
report of the committee of conference ? it was SATURDAY, January 7.
determined in the affirmative. Whereupon, Mr. Giles presented the petition of Littleburg Resolved, That the Senate so far recede from E. Stainback and others, of the town of Peters-their amendments to the bill last mentioned, burg, joint owners of the privateer called the as to adopt the report of the committee of conRoger, praying a special circuit coort may be ference. ordered for the district of North Carolina, for The Senate resumed the consideration of the reasons stated at large in the petition; which was bill authorizing the President of the United States read, and referred to a select committee to con to cause to be built, equipped, and employed, one sider and report thereon by bill or otherwise; or more floating batteries, for the defence of the and Messrs. Giles, TURNER, and Mason, were waters of the United States; and the bill was appointed the committee.
ordered to be engrossed and read a third time as The amendments to the bill, entitled "An act amended. to authorize the President of the United States to The bill making appropriations for repairing
13th Cox. 3d SESS.-6
or rebuilding the public buildings within the City Whole, the consideration of the bill making apof Washington, was read the second time; and on propriations for repairing or rebuilding the public motion, by Mr. Lacock, the further consideration buildings within the city of Washington; and, thereof was postponed to Monday next.
on motion, by Mr. BiBB, the further consideration
thereof was postponed to Wednesday next. MONDAY, January 9.
A message from the House of Representatives
informed the Senate that the House have passed Mr. Roberts presented the petition of Robert a bill, entitled "An act to prohibit intercourse Kid, of the city of Philadelphia, praying certain with the enemy, and for other purposes ;" in bonds given by him on merchandise imported which bill they request the concurrence of the into the United States, which had been consign- Senate. They have also passed the bill which ed by Samuel Guppy, a subject of Great Britain, originated in ihe Senate, entitled "An act to into a house in Philadelphia, and by him innocently corporate the subscribers to the Bank of the Unipurchased, may be cancelled, for reasons therein ted States of America,” with amendments; in stated; and the petition was read, and reserred to which they request the concurrence of the Senate. a select commitiee, to consider and report there
The Senate proceeded to consider the amend. on by bill or otherwise; and Messrs. Roberts, ments of the House of Representatives to the Chace, and Kerr, were appointed the committee. bill last mentioned; and, on motion, by Mr.
Mr. ROBERTS presented the petition of the Smith, they were referred to a select committee, Chamber of Commerce of Philadelphia, in favor to consist of five members, to consider and report of general and uniform regulations of the estates thereon; and Messrs. Smith, BIBB, ANDERSON, of insolvents; and praying a law may pass on Giles, and Varnum, were appointed the comthat subject, for reasons stated in the petition, mittee. which was read.
On motion, by Mr. FROMENTIN, the bill last The President communicated the memorial mentioned, as amended by the House of Repreof the Legislative Council and House of Representatives, was ordered to be printed for the use sentatives in the Mississippi Territory, praying of the Senate. the appointment of an additional judge for that
The bill last brought up for concurrence was part of the Territory lying east of Pearl river, read, and passed to the second reading. for reasons therein stated; and the memorial was read, and referred to a select committee, to consider and report thereon by bill or otherwise; and
Tuesday, January 10. Messrs. Brown, BiBB, and CAACE, were appointed the committee.
The bill, entitled "An act to prohibit interThe bill authorizing the President of the Uni- course with the enemy, and for other purposes," ted States to cause to be built, equipped, and em
was read the second time, and referred to the ployed, one or more floating batteries, for the de- committee to whom were referred, on the 14th fence of the waters of the United States, was read October, the several communications from the a third time.
President of the United States, relating to our On motion, by Mr. King, the bill was amended foreign affairs, to consider and report thereon. by unanimous consent, by adding thereto a new
The two following Messages were also received
from the PRESIDENT OF THE UNITED STATES : section.
Resolved, That this bill pass, and that the title to the Senate and House of thereof be "An act authorizing the President of Representatives of the United States : the United States to cause to be built, equipped, I communicate, for the information of Congress, the and employed, one or more floating batteries, for report of the Director of the Mint, of the operation of the defence of the waters of the United States.” that establishment during the last year. On motion, by Mr. DANA,
JAMES MADISON. Resolved. That the committee to whom was
January 10, 1815. referred so much of the Message of the President To the Senate and House of of the United States as relates to the militia, be Representatives of the United States: instructed to inquire into the expediency of mak I transmit to Congress an account of the contingent ing provision, by law, that there shall be one expenses of Government for the year one thousand Colonel, one Lieutenant Colonel, and one Major. eight hundred and fourteen. to each regiment consisting of two battalions of
JAMES MADISON. militia.
JANUARY 10, 1815. On motion, by Mr. VARNUM, a member was The Messages and documents therein referred added to the committee on so much of the Mesto were severally read. sage of the President of the United States as re Mr. MORROW, from the committee to whom the laies to the militia, in place of Mr. WORTHING subject was referred, reported a bill giving further TON; and Mr. Dana was elected.
time to complete the surveys and obtain the patThe Senate resumed the consideration of the ents for lands located under Virginia resolution bill for the relief of Bowie and Kurtz and others; warrants; an the bill was read, and passed to and, on motion, by Mr. Bibs, the further consid- the second reading. eration thereof was postponed to Monday next. Mr. Mason submitted the following motion for
The Senate resumed, as in Committee of the Iconsideration :
Resolved, That the President of the United States [The amendments to the amendments of the be, and he is hereby, requested to cause to be stated to House propose to increase the fixed capital of the the Senate the reasons which have prevented the com- Bank from thirty to thirty-five millions of dolmunication of the information requested by their res- lars; to make the capital consist of shares of four olution of the 9th of November last.
hundred instead of one hundred dollars each;
that the five millions proposed to be added to the Wednesday, January 11.
capital, shall be added also to the amount subJames BARBOUR, appointed a Senator by the scribable in public debt; to disagree to the propLegislature of the Commonwealth of Virginia, osition of the House for striking out the section to supply the vacancy occasioned by the decease wbich authorizes suspension of payments in speof Richard Brent, produced his credentials, was cie; to agree to the section which compels ihe qualified, and took his seat in the Senate. bank to commence its operations before the first
The Senate resumed, as in Committee of the day of January, and to disagree to that which Whole, the consideration of the bill making ap- proposes to authorize a committee of Congress at propriations for repairing or rebuilding the public any time to examine the books, &c., and prebuildings within the city of Washington ; and on scribes the course of proceeding in the courts motion, by Mr. Lacock, the further consideration against the bank, in case of violation of its thereof was postponed to Friday next.
charter.] A message from the House informed the Sen The consideration of this report was postponed ale that the House recede from their disagreement to and made the order of the day for to-morrow. to that part of the fifth amendment of the Senate The bill, entitled "An act for the relief of James to the bill, entitled "An act to provide additional Doyle," was read the second time, and referred revenues for defraying the expenses of Govern- to a select committee, to consider and report ment, and maintaining the public credit, by lay- thereon; and Messrs. ROBERTS, BARBOUR, and ing duties on various goods, wares, and merchan- THOMPSON, were appointed the committee. dise, manufactured within the United States," to The bill giving further time to complete the insert“ umbrellas and parasols, if above the value surveys and obtain the parents for lands located of two dollars, eight per centum ad valorem;" | under Virginia resolution warrants, was read the and that they agree to the said amendment. They second time, considered as in Committee of the have passed a bill, entitled, "An act for the relief Whole, and postponed until to-morrow. of William H. Washington;" a bill, entitled "An The bill, entitled "An act for the relief of Wilact for the relief of William Robinson, and oth- liam H. Washington," was read the second time; ers;" a bill, entitled "An act for the relief of and referred to the committee to'whom was reJames Doyle;" also, a bill, entitled "An act for ferred, on the 26th of September last, the memothe relief of Jacob Shinpick and Shouliz and rial of the President and Directors of the Eastern Vogeler, of Christian Chapman, and the legal Branch Bridge Company, 10 consider and report representative of John Calel, deceased;" in which thereon. bills they request the concurrence of the Senate. The bill, entitled "An act for the relief of Jacob
The fuur bills last mentioned were read, and Shinpick, Shoultz, and Vogeler, of Christian passed to the second reading.
Chapman, and the legal representative of John Mr. Taylor, from the managers appointed on Calef, deceased," was read the second time; and the part of the Senate to confer with the man- referred to the committee appointed on the bill, agers on the part of the House of Representatives entitled "An act for the relief of James Doyle," on the disagreeing votes of the two Houses on the to consider and report thereon. bill, entitled "An act to provide additional reve The bill. entitled "An act for the relief of Wilnues for defraying the expenses of Governmeat, liam Robinson and others," was read the second and maintaining the public credit, by laying du- time; and referred 10 a select committee, to conties on various goods, wares, and merchandise, sider and report thereon ; and Messrs. WALKER, manufactured within the United States ;" re: MORROW, and Chace, were appointed the comported :
mittee. “ That they had conferred on the above subject, and A message from the House of Representatives that the managers on behalf of the House of Repre- informed the Senate that the House concur in the sentatives have agreed to recommend to their Hruse, amendments of the Senate to the bill, entitled that they do recede from their disagreement to the in- "An act to authorize the President of the United sertion of the following amendment, made by the Sen. States to accept the services of volunteers who ate to the above-mentioned bill, viz: umbrellas and may associate and organize themselves, and offer parasols, if above the value of two dollars, vight per their services to the Government of the United centum ad valorem ; and the report was read. States," with amendments, in which they request The Senale adjourned to Friday morning. the concurrence of the Senate.
The Senate proceeded to consider the amendFRIDAY, January 13.
ments of the House of Representatives to their Mr. Smith, from the committee to whom were amendments to the bill, entitled "An act to aureferred the amendments of the House to the bill thorize the President of the United States to acto incorporate the subscribers to the Bank of the cept the services of volunteers who may associate United States of America, reported the same with and organize themselves, and offer their services a number of amendments.
to the Government of the United States;" and,