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founded in truth, and justified by the Constitution, the following positions are established, viz: That the United States have no right to call on the several States for the militia, to perform any act of war, but to repel invasion.

That to defend the ports and harbors of Massachusetts and Rhode Island, the purpose for which the militia was required in 1812, is not within the power delegated by the Constitution, to provide for calling forth the militia to repel

invasion.

In the case alluded to in 1812, it was not declared by the President, nor even pretended by his officers, that any invasion was made. In fact, no invasion was attempted until two years after this time. If the United States had no authority to make the requisition, the Governor would have betrayed his duty to the State, in complying with the demand.

That the United States had no such authority, I think evident from the examination that has been made of the powers delegated by the Constitution. And the State of Massachusetts, instead of being a just object of censure, by the United States, has a well founded complaint against their Government, for an attempt to usurp her rights and invade her prerogatives.

A question has sometimes been suggested, whether the Governor of a State has a right to judge if the requisition be within the provisions of the Constitution. A little reflection on the nature of the Government of the United States, and of a State, and of the relation in which the Supreme Excutive of the latter stands to the United States, and to the citizens of his particular State, will show that he is obliged to examine, if the case for which the requisition is made be within the provisions of the Constitution, and if the purposes for which it is declared are manifestly not within the powers delegated by that instrument, to withhold a compliance.

The Government of the United States can exercise no powers not granted by the Constitution, and so far as this Government can support such as it claims on this charter, it is sovereign, and has no other control than its own discretion.

SENATE.

render this force to the United States, in a case not authorized by the Constitution, they would betray the trust confided to them by the citizens of their States. They must, therefore, examine the case when called upon, and decide according to their duty, as prescribed by the Constitution of the United States, and that of their particular State, shall demand.

General Cushing, while superintendent of the military district in which Massachusetts is situated, informed Governor Strong, that he expected an order from the President of the United States, to request a detachment of militia for the defence of the seacoast, and particularly of Boston. That he had not more troops than sufficient to man one of the forts, and proposed that one should be occupied by the militia, and that, while out, they should be subject to the command of no officer of the United States, except the superintendent of the district. The Governor acceded to the proposal.

General Dearborn shortly after superseded General Cushing, and on the 8th July, by order of the President, and in confirmation of the expectation of Brigadier General Cushing, requested a detachment of eleven hundred militia to occupy the forts and harbor of Boston.

Governor Strong, although under no Constitutional obligation to call forth the militia for the purposes required, yet, seeing the forlorn condition of the country, the vast property of the United States in the navy yard, a ship-of-the-line nearly completed, and a frigate, all abandoned by the Government to the mercy of the enemy, at the same time that these offered to him great temptations to attack and destroy the capital of the State and its environs, and feeling authorized by the resolution of the Legislature of Massachusetts, detached the militia, in confidence that the agreement made with General Cushing would be fulfilled.

At the end of their term of service these men were offered an uncurrent and depreciated paper, as their only compensation.

In the beginning of September, General Dearborn notified the Governor that the enemy had taken possession of a considerable part of the State of Massachusetts, and requested a detachment of the militia for the purpose of protecting and defending such parts of that State, and New Hampshire, as were not in the occupation of the enemy.

Such complaints and objections had arisen in executing the order of July, that the Governor, although he issued an order for troops, found himself obliged to place the detachment under the command of a major general of the militia.

The government of the several States is equally sovereign, with respect to every power of an independent State, which it has not delegated by the same instrument to the United States, or which is not thereby prohibited to the several States. It is, also, a sacred duty of the Government of the several States, to preserve unimpaired every right and authority retained by the State, either in its corporate capacity or for its individual citizens. Whether the militia, the peculiar force of the several States, and that which is to protect and defend every right and power they possess, is called forth by the United States according to the provisions which they made, in delegating to this Government its powers, must of necessity be a question between two sovereign independent Governments, and on which there is no 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 sur-General Dearborn, or received by him, and put

The Governor immediately addressed a letter to the Secretary of State, requesting to know from the President if the expenses, thus necessarily incurred for the protection of the State, would be ultimately reimbursed to that State by the United States.

SENATE.

Proceedings.

JANUARY, 1815.

times the most prosperous, arose principally from the daring enterprise, unrivalled industry, and rigid economy of the inhabitants; that her resources are now annihilated, and she is borne down by obloquy, insult, and oppression.

under his command, the expenses attending itity 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. Here is a distinct and plain case, in which the United States had neglected that protection which they were expressly bound to afford the State, and thereby occasioned the loss of a fifth part of its territory;* and then called upon the State itself to protect the remaining territory. The State obeyed the call, and reserved only that right which the Constitution, in express terms, reserved, viz: the appointment of officers to command the militia required; and the United States say this expense must be borne by the State, and that they will not reimburse the amount, because the militia is not placed under the command of an officer of the United States.† For this act of injustice, for this neglect of duty in the United States towards the State of Massachusetts, for this abandonment of its territory to the violence of the enemy, I have never heard the smallest apology.

I forbear to mention the rights of the State, the necessity to which this wanton abandonment by those who ought to protect them may reduce the inhabitants. The laws of self-preservation, and of nature, confirmed by that of nations, afford the rule for any member of a confederacy thus deserted aud forsaken,

I most earnestly hope, that although cruelly deserted by the Government, which contrary to their entreaties brought them into this perilous condition, that citizens of the country may be able to defend themselves. They will do all that men can do under their circumstances. But I am confident, that if this tax be collected there, and paid into the Treasury of the United States, for the exclusive support and defence of others, they will be destitute of the means of making any adequate resistance. I cannot, therefore, vote for this bill.

The present year the Commonwealth has expended more than $700,000 in her own defence. She is now called on by this bill for $632,041, to defend other parts of the territory of the United States; and her citizens, more exposed than any other, are left to provide for their own defence.

They who have observed the patience wherewith she has submitted to see the public treasure squandered, to purchase. slanders against her citizens, and notwithstanding a complete failure by the full confession of the hireling, that these citizens were so far beyond all temptation as not even to be approached for dishonorable purposes, has been subjected to the most degrading insinuations, from the first authority; who have witnessed all the resources of her wealth, all the means of her industry, the object of unabating persecution from the Government, and her possessions coldly and expressly abandoned, by the same authority, to the depredations and seizure of the enemy, may conceive that taxes like these will still be paid for the exclusive protection of others; but if gentlemen will only condescend to view the people of this country as their brethren, as freemen, as men, they must come to the conclusion, that, had they the means, they could not possibly have the will.

When Mr. GORE had concluded

The question was taken, Shall this bill pass? and determined in the affirmative—yeas 23, nays 7, as follows:

YEAS-Messrs. Anderson, Bibb, Bledsoe, Brown, Chace, Condit, Daggett, Fromentin, Gaillard, German, Giles, Hunter, Kerr, Lacock, Morrow, Roberts, Smith, Tait, Taylor, Turner, Walker, and Wharton. NAYS-Messrs. Dana, Gore, Horsey, Lambert, Mason, Varnum, and Wells.

So it was Resolved, That this bill pass.

FRIDAY, January 6.

Mr. ROBERTS presented the petition of William Elliot, of the City of Washington, praying the examination of a floating battery which he has invented for the protection of the coasts and waters of the United States, as is stated in the petiThey who calculated on the ability of Massa- tion; which was read, and referred to the Secrechusetts to pay, from the exactness and punctual-tary for the Department of Navy, to consider and

There were, at the attack and capture of Castine, twenty-eight men and a Lieutenant in the fort. This was all the protection for one of the most important harbors and rivers of the United States, and affording the best situation for a naval depot for Great Britain.

In the military district, No. 1, which includes New Hampshire and Massachusetts, there were less than one thousand three hundred men. These were scattered over an extensive tract of country. In the forts, in Boston harbor, there were not two hundred and sixty men, and in the other forts in the State a very small corps, inadequate to any defence. There was, however, a Major General, a Brigadier General, and several Colonels. In no one place were there men enough to constitute a colonel's command.

report thereon to the Senate.

The bill supplementary to the act, entitled "An act providing for the indemnification of certain claimants of the public lands in the Mississippi Territory," was read a third time, and passed.

Mr. LACOCK, from the committee appointed and obtained leave to report a bill making approOctober, 4, 1814, to consider the subject, asked priations for repairing or rebuilding the public buildings within the City of Washington; and the bill was read, and passed to a second reading. On motion, by Mr. SMITH,

Resolved, That the Message of the President of the United States, of 2d instant, together with the report of the Secretary of the Treasury, therewith communicated, containing a statement of

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the proceedings under the "Act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio," be referred to a select committee to consider and report thereon by bill or otherwise.

Ordered, That Messrs. SMITH, MORROW, and KING, be the committee.

The PRESIDENT communicated a report of the acting Secretary for the Department of Navy, on the expenditure and application of moneys drawn from the Treasury, from the first of October, 1813, to the 30th September, 1814, inclusive; and of the unexpended balances of former appropriations remaining in the Treasury on the 1st of October, 1813; also a report, comprehending contracts made by the Navy Department, during the years 1813 and 1814, prepared in obedience to the act of the 3d of March, 1809, entitled "An act further to amend the several acts for the establishment and regulation of the Treasury, War and Navy Departments;" and the reports were read.

SENATE.

accept the services of volunteers who may associate and organize themselves, and offer their services to the Government of the United States," was read a third time as amended, and the blanks were filled.

Resolved, That this bill pass with amendments. On motion, by Mr. BIBB, the title was amended, to insert, after "services," the words "State troops and ;" and to strike out, from the word volunteers," to the end thereof.

A Message from the House of Representatives informed the Senate that the House agree to the conference proposed by the Senate and the disagreeing votes of the two Houses on the amendment to the bill, entitled "An act to provide additional revenues for defraying the expenses of Government, and maintaining the public credit, by laying duties on various goods, wares, and merchandise, manufactured within the United States," and have appointed managers on their part. They recede from their disagreement to The Senate resumed, as in Committee of the the 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 maintainto accept the services of volunteers who may as-ing the public credit, by laying duties on housesociate and organize themselves, and offer their services to the Government of the United States," together with the amendments proposed thereto; and the bill having been amended, the President reported it to the House accordingly.

On the question, Shall the amendments be engrossed and the bill read a third time as amended? it was unanimously determined in the affirmative-yeas 27, as follows:

YEAS-Messrs. Anderson, Bibb, Bledsoe, Brown, Chace, Condit, Daggett, Dana, Fromentin, Gaillard, German, Gore, Horsey, Kerr, King, Lambert, Mason, Morrow, Roberts, Robinson, Smith, Tait, Taylor, Thompson, Varnum, Walker, and Wharton.

The Senate resumed the consideration of the motion made the 5th instant, for instructing the Naval Committee to inquire into the expediency of establishing a naval school; and agreed thereto. The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act to provide for the widows and orphans of militia and volunteer soldiers who shall die or be killed in the service of the United States ;" and on motion, by Mr. VARNUM, the further consideration thereof was postponed to the second Monday in March next.

SATURDAY, January 7.

Mr. GILES presented the petition of Littleburg E. Stainback and others, of the town of Petersburg, joint owners of the privateer called the Roger, praying a special circuit court may be ordered for the district of North Carolina, for reasons stated at large in the petition; which was read, and referred to a select committee to consider and report thereon by bill or otherwise; and Messrs. GILES, TURNER, and MASON, were appointed the committee.

The amendments to the bill, entitled "An act to authorize the President of the United States to 13th CoN. 3d SESS.-6

hold furniture, on horses kept exclusively for the saddle or carriage, and on gold and silver wares,' so far as to adopt the report of the committee of conference.

Mr. TAYLOR, from the managers on the part of the Senate, at the conference on the amendments of the Senate, disagreed to by the House of Representatives to the bill last mentioned, reported:

"That the Senate do recede from their amendments concerning the rates of duties on household furniture; and,

"That the House of Representatives do recede from their disagreement to all the other amendments made in the Senate to the bill."

On motion, by Mr. GILES, that the said bill, together with the report of the conferees, be postponed to the second Monday in March next; it was determined in the negative-yeas 8, nays 21, as follows:

YEAS-Messrs. Daggett, Dana, Giles, Gore, Hunter, Mason, Smith, and Wells.

NAYS-Messrs. Anderson, Bibb, Bledsoe, Brown, Chace, Condit, Fromentin, Gaillard, German, Lacock, Lambert, Morrow, Roberts, Robinson, Tait, Taylor, Thompson, Turner, Varnum, Walker, and Wharton.

On the question, Will the Senate concur in the report of the committee of conference? it was determined in the affirmative. Whereupon,

Resolved, That the Senate so far recede from their amendments to the bill last mentioned, as to adopt the report of the committee of conference.

The Senate resumed the consideration of the bill authorizing the President of the United States to cause to be built, equipped, and employed, one or more floating batteries, for the defence of the waters of the United States; and the bill was ordered to be engrossed and read a third time as amended.

The bill making appropriations for repairing

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or rebuilding the public buildings within the City of Washington, was read the second time; and on motion, by Mr. LACOCK, the further consideration thereof was postponed to Monday next.

MONDAY, January 9.

Mr. ROBERTS presented the petition of Robert Kid, of the city of Philadelphia, praying certain bonds given by him on merchandise imported into the United States, which had been consigned by Samuel Guppy, a subject of Great Britain, to a house in Philadelphia, and by him innocently purchased, may be cancelled, for reasons therein stated; and the petition was read, and referred to a select committee, to consider and report thereon by bill or otherwise; and Messrs. ROBERTS, CHACE, and KERR, were appointed the committee. Mr. ROBERTS presented the petition of the Chamber of Commerce of Philadelphia, in favor of general and uniform regulations of the estates of insolvents; and praying a law may pass on that subject, for reasons stated in the petition, which was read.

JANUARY, 1815.

Whole, the consideration of the bill making appropriations for repairing or rebuilding the public buildings within the city of Washington; and, on motion, by Mr. BIBB, the further consideration thereof was postponed to Wednesday next.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to prohibit intercourse with the enemy, and for other purposes;" in which bill they request the concurrence of the Senate. They have also passed the bill which originated in the Senate, entitled "An act to incorporate the subscribers to the Bank of the United States of America," with amendments; in which they request the concurrence of the Senate.

The Senate proceeded to consider the amendments of the House of Representatives to the bill last mentioned; and, on motion, by Mr. SMITH, they were referred to a select committee, to consist of five members, to consider and report thereon; and Messrs. SMITH, BIBB, ANDERSON, GILES, and VARNUM, were appointed the committee.

The bill last brought up for concurrence was read, and passed to the second reading.

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 part of the Territory lying east of Pearl river, 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 Messrs. BROWN, BIBB, and CHACE, were appointed the committee.

The bill authorizing the President of the United States to cause to be built, equipped, and employed, one or more floating batteries, for the defence of the waters of the United States, was read a third time.

On motion, by Mr. KING, the bill was amended by unanimous consent, by adding thereto a new section.

Resolved, That this bill pass, and that the title thereof be "An act authorizing the President of the United States to cause to be built, equipped, and employed, one or more floating batteries, for the defence of the waters of the United States." On motion, by Mr. DANA,

Resolved, That the committee to whom was referred so much of the Message of the President of the United States as relates to the militia, be instructed to inquire into the expediency of making provision, by law, that there shall be one Colonel, one Lieutenant Colonel, and one Major, to each regiment consisting of two battalions of militia.

On motion, by Mr. VARNUM, a member was added to the committee on so much of the Message of the President of the United States as relates to the militia, in place of Mr. WORTHINGTON; and Mr. DANA was elected.

The Senate resumed the consideration of the bill for the relief of Bowie and Kurtz and others; and, on motion, by Mr. BIBB, the further consideration thereof was postponed to Monday next. The Senate resumed, as in Committee of the

TUESDAY, January 10.

The bill, entitled "An act to prohibit intercourse with the enemy, and for other purposes," was read the second time, and referred to the committee to whom were referred, on the 14th October, the several communications from the President of the United States, relating to our foreign affairs, to consider and report thereon.

The two following Messages were also received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of

Representatives of the United States:

I communicate, for the information of Congress, the report of the Director of the Mint, of the operation of that establishment during the last year. JAMES MADISON.

JANUARY 10, 1815.
To the Senate and House of

Representatives of the United States:

I transmit to Congress an account of the contingent expenses of Government for the year one thousand eight hundred and fourteen.

JANUARY 10, 1815.

JAMES MADISON.

The Messages and documents therein referred to were severally read.

Mr. MORROW, from the committee to whom the subject was referred, reported a bill giving further time to complete the surveys and obtain the patents for lands located under Virginia resolution warrants; and the bill was read, and passed to the second reading.

Mr. MASON Submitted the following motion for consideration:

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Resolved, That the President of the United States be, and he is hereby, requested to cause to be stated to the Senate the reasons which have prevented the communication of the information requested by their resolution of the 9th of November last.

WEDNESDAY, January 11.

JAMES BARBOUR, appointed a Senator by the Legislature of the Commonwealth of Virginia, to supply the vacancy occasioned by the decease of Richard Brent, produced his credentials, was qualified, and took his seat in the Senate.

The Senate resumed, as in Committee of the Whole, the consideration of the bill making appropriations for repairing or rebuilding the public buildings within the city of Washington; and on motion, by Mr. LACOCK, the further consideration thereof was postponed to Friday next.

SENATE.

[The amendments to the amendments of the House propose to increase the fixed capital of the Bank from thirty to thirty-five millions of dollars; to make the capital consist of shares of four hundred instead of one hundred dollars each; that the five millions proposed to be added to the capital, shall be added also to the amount subscribable in public debt; to disagree to the proposition of the House for striking out the section which authorizes suspension of payments in specie; to agree to the section which compels the bank to commence its operations before the first day of January, and to disagree to that which proposes to authorize a committee of Congress at any time to examine the books, &c., and prescribes the course of proceeding in the courts against the bank, in case of violation of its charter.]

The consideration of this report was postponed to and made the order of the day for to-morrow. The bill, entitled "An act for the relief of James Doyle," was read the second time, and referred to a select committee, to consider and report thereon; and Messrs. ROBERTS, BARBOUR, and THOMPSON, were appointed the committee.

The bill giving further time to complete the surveys and obtain the patents for lands located under Virginia resolution warrants, was read the second time, considered as in Committee of the Whole, and postponed until to-morrow.

A message from the House informed the Senate that the House recede from their disagreement to that part of the fifth amendment of the Senate to the bill, entitled "An act to provide additional revenues for defraying the expenses of Government, and maintaining the public credit, by laying duties on various goods, wares, and merchandise, manufactured within the United States," to insert umbrellas and parasols, if above the value of two dollars, eight per centum ad valorem;" and that they agree to the said amendment. They have passed a bill, entitled, "An act for the relief of William H. Washington;" a bill, entitled "An act 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 James Doyle;" also, a bill, entitled "An act for the relief of Jacob Shinnick and Shoultz and Vogeler, of Christian Chapman, and the legal representative of John Calef, deceased;" in which bills they request the concurrence of the Senate. The four bills last mentioned were read, and passed to the second reading.

Mr. TAYLOR, from the managers appointed on the part of the Senate to confer with the managers on the part of the House of Representatives on the disagreeing votes of the two Houses on the bill, entitled "An act to provide additional revenues for defraying the expenses of Government, and maintaining the public credit, by laying duties on various goods, wares, and merchandise, manufactured within the United States;" reported:

The bill, entitled "An act for the relief of Wil

and referred to the committee to whom was referred, on the 26th of September last, the memorial of the President and Directors of the Eastern Branch Bridge Company, to consider and report thereon.

The bill, entitled "An act for the relief of Jacob Shinnick, Shoultz, and Vogeler, of Christian Chapman, and the legal representative of John Calef, deceased," was read the second time; and referred to the committee appointed on the bill, entitled "An act for the relief of James Doyle," to consider and report thereon.

The bill, entitled "An act for the relief of William Robinson and others," was read the second time; and referred to a select committee, to consider and report thereon; and Messrs. WALKER, MORROW, and CHACE, were appointed the committee.

“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 House, 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 parasols, if above the value of two dollars, eight per centum ad valorem; and the report was read.

The Senate adjourned to Friday morning.

FRIDAY, January 13.

Mr. SMITH, from the committee to whom were referred the amendments of the House to the bill to incorporate the subscribers to the Bank of the United States of America, reported the same with a number of amendments.

may associate and organize themselves, and offer their services to the Government of the United States," with amendments, in which they request the concurrence of the Senate.

The Senate proceeded to consider the amendments of the House of Representatives to their amendments to the bill, entitled “An act to authorize the President of the United States to accept the services of volunteers who may associate and organize themselves, and offer their services to the Government of the United States;" and,

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