DEC. 15, 1826.] Public Lands-Internal Improvement. [SENATE. Federal Constitution, and when the power of Congress themselves from the obligation of the terms contained in over public lands was in full effect and operation, by vir- the contract made with Virginia, without the consent of tue of the before-recited section. I have examined with the latter. Such a power is beyond the reach of even a care, and cannot find that, in either of these treaties, of constitutional provision. But, then, Virginia was a party, Paris, or Washington, there is any limitation of the power and an illustrious one, to the present Constitution of the of Congress over the territory acquired by them. In- United States, and gave her full and free assent to all its deed, any such stipulation in a treaty with a foreign Pow- provisions. What, therefore, did she mean by investing er, limiting the exercise of a sovereign power by another Congress with a full and unqualified power to dispose branch of the Government, would, justly, be nugatory" of, and make all needful rules and regulations respectand void. It is conceived not to be within the compe- "ing, the territory and other public property of the tency of the treaty-making power, to alienate, or impose" United States?" She could not, upon any principle of conditions upon, the exercise of a sovereign power dele- construction, have meant to delegate that power, full and gated by the fundamental law. When, therefore, the ample as it is, subject to any condition, real or imaginary, United States acquire new territory, such acquisition be- contained in her previous act of cession. She must have comes, ipso facto, subject to the constitutional power of intended, by the very act of subscribing to the Constitu Congress over it. So far, therefore, as respects the pub- tion, and agreeing to the before-recited clause, to confer lic lands acquired by virtue of those treaties, it would upon Congress, under the new organization of power, seem to me that no reasonable doubt can be entertained, contained in the Constitution, a new source of authority that Congress has the power so to regulate the disposi- over the public domain then owned by the United States, tion of them, and to convert them to such uses as they, in or subsequently to be acquired. If she had not so intendtheir wisdom, shall deem best for the general interest of ed, she would have conferred the power in question in the country. guarded and limited terms, or have made an exception in The other class of titles is derived under the act of Vir- her own favor, to embrace any limitations contained in her ginia, ceding the territory Northwest of the river Ohio to act of cession to the United States. The declaration conthe United States, and the "Articles of Agreement and tained in the second paragraph of the third section, beCession" between the United States and the State of fore recited, that "nothing in this Constitution shall be Georgia, by virtue of which the former claim title to the "so construed as to prejudice any claims of the United public lands locally situated within the States of Missis-"States, or any individual State," applies to a different sippi and Alabama. The only difference in the nature of subject from the one under consideration. Unless, then, the titles thus derived from Virginia and Georgia, and in the power delegated to Congress over the public property the power of Congress over the public lands acquired by shall be construed to extend to the territory Northwest of those respective acts of cession, (if, indeed, there be any the Ohio, ceded by Virginia to the United States, the difference,) is to be found in the dates of the respective clause of the Constitution containing this power, would transfers. The deed of cession made by Virginia, through have had no subject to operate upon, as the United her delegates in Congress, and the resolution of Congress States, at that time, had no other public territory for the accepting the cession, are dated, respectively, on the 1st constitutional provision to apply to. But suppose the of March, 1784, during the former Confederacy, and be- conditions contained in the compact with Virginia, and fore the adoption of the present Constitution. The "Arti- each of them, are still in force, and operate upon the cles of Agreement and Cession" between the United powers of Congress over the territory thus acquired, still States and Georgia, are dated on the 24th of April, 1802, it remains to be considered whether there is any condition and, of course, since the adoption of the Constitution of in the act of cession which limits or restrains the power of the United States. It may be important to bear in mind Congress in this regard. The only limitation which I the dates of those respective acts of cession, because of have been able to discover, is to be found in the declarathe different consequences which result from them (as it tion, contained in the act of cession, that the territory sa is said) in reference to the powers of Congress over the acquired, shall be a "common fund" for the use and bedomain acquired by them. There can be no doubt that nefit of all the States, according to a certain ratio. Conthe existing Confederation at the date of the Virginia gress must consider it as common property, devoted to cession, of the 1st March, 1784, could only claim title, the interest of the entire Confederacy. But how she shall and have power over the ceded territory, by virtue of the dispose of it to attain the contemplated end, must still be act by which the transfer was made; and the power of left to the sound discretion and sovereign will of the Lethat Confederation over the acquired territory would be gislature of the Union to decide. The common interest subject to, and limited by, the terms and conditions con- of the whole Union may be promoted in various ways-by tained in the grant. And, by consequence, the United the disposition of the public lands; by the endowment of States, under the political order of their first Confedera- Colleges; in the reward of illustrious merit; and, finally, cy, could dispose of the lands acquired from Virginia only in the inprovement of the interior condition of the States, in the mode, and for the purposes, designated in the deed and the enhancement of the value of the public lands of cession. But it by no means follows from thence, that, themselves. Those remarks are equally applicable to under the present Constitution, the same rule would ap- the territory acquired by the "Articles of Agreement and ply in the construction of the powers of Congress over Cession of Georgia." They contain the same condition the territory of the United States. with the one in the Virginia deed of cession, and are conceived not to interfere with the constitutional power of Congress over the public land thereby acquired. A question of great delicacy here occurs, whichl am not desirous, nor is it necessary, for me to discuss; and that is, whether it was competent to cede away, in a compact with an individual State, a high and pre-eminent attribute of sovereignty, vested in Congress by the fundamental law Can the treaty-making power, by virtue of a pact, or the united political authorities of the Union, by a law, cede away, and deprive Congress of a power vested in it by the Constitution, and which the Constitution must deem unalienable, except by virtue of the paramount au thority of the People 3/ It must be borne in mind, that, at the adoption of the present Constitution, the United States owned no territoy but that acquired from Virginia by the cession of 1784. The provision in the Constitution, therefore, in giving Congress power to dispose of, and make all needful "rules and regulations respecting, the territory of the "United States," must have intended that this clause should operate upon the territory then owned by the United States, as well as that which might be subsequently acquired. The words and the obvious meaning of the clause, refer to such territory as was, or at any time night become, the property of the United States. It is, by no means, contended, that the United States could absolve SENATE.] The New Madrid Sufferers. [DEC. 18, 1826. The next branch of the resolution contemplates an in- In the State of Mississippi, cotton is transported in waquiry into the justice and expediency of making appro-gons, one hundred and fifty miles, to Natchez, oyer the priations of certain portions of the public lands, for the river Pearl, one of the most beautiful on the continent, and improvement of the navigable streams, and other works which connects itself with the Gulf of Mexico and the Lake, of internal improvement within the States where they in the vicinity of New Orleans. And yet it is useless to are situated. As to the justice of such an appropriation, the inhabitants, or nearly so, from the want of resources but little need be said; because it seems to me to be suffi- in the State to adapt it to the purposes of commerce. ciently apparent. Many of the new States are utterly un- And the same remarks apply to other navigable streams able to improve their natural advantages to any great ex- within the limits of that State. And yet the United States tent, for the want of resources. What, I would ask, is own large quantities of public lands upon all these streams. the pillar on which all Confederacies, ancient or modern, The policy, therefore, which seems to recommend itself have reposed, and from a necessary principle, must con- to Congress, is, so to dispose of a part of the public lands, tinue to repose? It is to be found in the weakness of the as to augment the value, and render more saleable the reindividual members; and the necessity of concert and maining residuum. This policy recommends itself by the mutual assistance. Each member must, of necessity, sa consideration, that it facilitates the improvement of the crifice some of its independence for the benefit of the individual States, the most entitled to our protection, with whole, and this sacrifice it will be too much to expect the higher interests of the Union, which our functions as upon the altar of pure disinterestedness and philanthropy. Senators impose upon us the obligation to promote. As No! It is made in the expectation of receiving an equi- this is a mere proposition for inquiry, I hope the refervalent return of another kind, in benefits conferred in a ence will be made without objection, and that we shall time of peace, and succour afforded in time of war. But have the aid of the labors of an enlightened Committee the justice of which I speak is rendered still more mani- upon this subject, so interesting to many members of the fest, when we consider that the resources of the new Union. States, and their ability for self-improvement, are cut off by the very act of their admission into the Union. The lands, which constitute the independence of individuals, and the most fruitful source of revenue, are withdrawn (by a benevolent policy I agree) from the taxing power of the State, for a period of five years. And for such a privation, every principle of justice seems to dictate, that there should be something like an equivalent return. Mr. BARTON said, that, without intending in the least to oppose the resolution, he could not but think there would be impropriety in referring a constitutional question to the Committee on Public Lands, or, indeed, to any other Committee. The Senate would not be bound by any opinion expressed by such a Committee, as it would be for every individual member to pass upon the interpretation of the Constitution for himself. It was true that, on the constitutionality of any subject, the Committee might draw up an argument-still, he did not think it the proper subject of the argument or opinion of a Committee, since neither would bind or direct the Senate. He, thereinquired into, would move to strike out that part of the resolution relating to the constitutional power of the United States-allowing that part of the resolution which related to the expediency of the measure, to go to the Committee generally, without making it obligatory upon them to report upon the constitutional question. A few observations will illustrate the policy and expediency of such appropriations as those contemplated by the resolution. I might here speak of the obligations of the General Government to promote, in the true spirit of our happy alliance, the dignity, the strength, and pros-fore, while he desired that the subject-matter should be perity, of each member of the Union. I might show, by uncontested facts, consecrated in the annals of the West and Southwest, how much your brethren in those regions of our extended Republic have done to exalt the power of the American People, and to add new laurels to the wreath of our national fame. I might depict the hardships they have endured, the perils they have encountered, and the immortal honor they have gained in becoming "the pioneers of civilization," and carrying with them, into the bosoms of the Western forests, your Arts, your Literature, and your love of Liberty, and, above all, their fraternal affection, which they have cherished under evey vicissitude. I might easily show that such a People deserve, for all this, a return of affection and reciprocal kindness. It is evident that policy, as well as justice, requires the elder members of the Confederacy to extend a helping hand to their infant brethren, who have done so much for them. But I will not indulge in reasoning or declamation upon such topics. It would be puerile to believe that States are governed by affection, rather than by interest. And I do not complain of the operation of this principle, coeval with the origin of Empires, and implanted by the moral order, in the nature of man. It is to the interest of the Union that I wish to appeal. It has the large regions of public lands in all the new States, which are a drug upon its hands. They cannot be sold; because, in the condition of many of those States, there is no invitations to purchasers to emigrate. Their navigable streams are beautiful; but they are unimproved. Their lands are fertile; but they are embosomed in thick forests, and require the labor of man to open avenues to them. We extinguish Indian title; but, in the present condition of some of the States, and especially that which I have the honor, in part, to represent, under the evil policy which prevails, it is in vain that we look for purchasers. Mr. REED acceded to the amendment. The question being put upon agreeing to the resolution, it was lostAyes 12, Noes 16. The motion submitted yesterday by Mr. JOHNSON, of MONDAY, DECEMBER 18, 1826. THE NEW MADRID SUFFERERS. The bill for the relief of the inhabitants of New Madrid was taken up. Mr. BARTON said, that this bill had been three or four times before the Senate, and would need but little explanation. The bill introduced in 1815, for the relief of the sufferers at New Madrid by the earthquakes, proposes that they should relinquish their lands, and locate on similar quantities of unsold lands. The object was, to give them immediate homes, of which they had been deprived by the earthquakes. The law passed on this subject provided, that no person should be allowed to locate on a greater quantity of land than was owned by him. This law gave authority to the Recorder of land titles to inves tigate and adjust the claims. The construction given by him to the law, was, that an immediate home to the sufferers was contemplated, and that a parallel quality of land was to be given. On this construction of the act he proceeded. When the certi ficates were issued, there was a great flood of emigra tion, and emigrants purchased up these certificates with great avidity, as the only way in which land could be ac W Cases of John A. Willinck and Francis Larche.-Pay of the Army. DEC. 19-26, 1826.] quired; they circulated as freely as bank paper from proper amount of compensation for the negro. It could hand to hand; and he knew that the purchasers confid- now hardly be necessary to detail the circumstances. ed in the law, that their possessions were valid; and ma- There was no doubt of the loss sustained by Mr. Larche. ny of those purchasers had now what, in that country, Evidence had been had, that a negro, belonging to him, were considered valuable farms. The bill introduced, had been pressed into the service of the United States, contemplates several important provisions. By law, the under General Jackson, at New Orleans, and was killed lands of the sufferers had reverted to the United States: by a cannon ball, while in service. In that part of the whether they were valuable or not, was not the ques-country, the slave was the property of his owner, as well tion. But the Executive at Washington had thought it as the horse, which was also lost by Mr. Larche; and the in their power to check their claims, because the con- Committee considered the claim as coming within the gestruction of the law by which they were granted, was neral rule, and that the Government ought to pay it. He His own opinion was, that the opin- moved to fill the blank with the sum of eight hundred Mr. BELL moved that the blank be filled with six hunion of the Recorder, as to the construction of the law, dollars. was a correct one; because, town lots were far more valuable than wild land, and the value was about par be-dred dollars. tween a town lot and a quarter section of wild land. He hoped that, at length, the proper construction would be put on the New Madrid law, and that this bill would pass. an erroneous one. The bill was then ordered to be engrossed for a third reading. TUESDAY, DECEMBER 19, 1826. The bill for the relief of John Abraham Willinck, was taken up in Committee of the Whole. case. Mr. SMITH, of Maryland, explained the nature of this He said, that Mr. Willinck was a merchant in New York. He exported a quantity of Sugar to Holland, in relation to which he went through all the forms and requisitions to entitle him to the drawback. The goods were delivered in Holland, and, in every respect, the law upon this head was complied with, excepting one. The law required that, within twenty days after the exportation, the exporting merchant must go to the Custom House, and give a bond that the article exported is neither the growth or produce of the United States, or had been landed for use in the country. Mr. Willinck stated that he went, in compliance with this requisition, to the Custom House, in New York, prepared to give this bond, but that the Clerk had so much business on his hands, that he could not attend to him; that he repeated this call six times, with the same result; and, for this reason, did not give the bond as required by law. Mr. S. said, that the Committee had also the testimony of the person who went with him to endorse the bond, who stated that, in consequence of the failure on the part of the Clerk to attend to the calls of Mr. Willinck, the transaction was delayed until late in the term allowed, when Mr. Willinck was, by business of great importance, called to Philadel-1 phia, where he was detained until after the twenty days had expired; his detention was mainly caused by the State in which the person was, with whom he intended to have transacted business, as he was not expected to live from day to day. Mr. S. said, the Senate had granted elief in many cases; but, if in any, he thought it was de served in this. The bill was then ordered to be engrossed for a third reading. WEDNESDAY, DECEMBER 20, 1826. Mr. JOHNSTON, of Louisiana, stated, that, on a former occasion, he had remarked, in relation to this claim, worth, in New Orleans, about one thousand dollars, althat a negro of the description lost by Mr. Larche, was Commissioners at six hundred dollars, for all ages, sizes, though the average price of slaves had been fixed by the &c. This would be entirely inadequate to cover the loss of such a slave as the one in question. Indeed, the persons appointed by Government, to fix the average value of the property lost by Mr. Larche, had estimated it at one thousand dollars. It should be recollected that Mr. Larche had laid out of his money for a number of years, and that the claim was admitted to be an equitable one. The sum of eight hundred dollars had been formerly fixed on, when the subject was fully discussed; and he hoped it would not now be reduced. The question being put on filling the blank, the sum of eight hundred dollars was carried, when the bill was ordered to be engrossed for a third reading, nem. cơn. FRIDAY, DECEMBER 22, 1826. Nothing but private business was transacted this day. TUESDAY, DECEMBER 26, 1826. PAY OF THE ARMY. Mr. HARRISON called up the bill making fur ther compensation to officers commanding companies in the Army of the United States-[to allow them an additional ration a day, and ten dollars a month, when performing extra duty in the staff.] The question was on an amendment, proposed by the Military Committee, to include the subalterns in the allowance of the additional ration. In support of the bill and amendment Mr. HARRISON said, that the subject of this bill was brought before the Senate in the shape of a memorial of the officers of the Army commanding companies. The committee, on investigating the demand, believed that it was a just one, not only as concerned the Captains, but that the compensation of the subalterns should be also increased. He held in his band an amendment, which he should propose to add as a proviso, that no subaltern officer, on staff duty, should receive the additional ration. The ground of this provision was, that, whenever they were on such service, their compensation was increased This day was occupied wholly with private business and and ample; therefore, they were to receive the additional motions for inquiry. THURSDAY, DECEMBER 21, 1826. Mr. RUGGLES said, that the bill, in this shape, had ice passed the Senate. He believed the only question that had ever been raised on the subject, was as to the ration only when on the duties of the line. During the investigation of the committee, much undoubted intelligence had been obtained, and a member of the committee, well acquainted with the Army, had related instances in which the officers on distant stations had been reduced to great straits, through the scanty means which they received as a compensation for their services. He did not intend now to go at length into the merits of the subject; but, when it came to be discussed, he should endeavor to shew that the bill was founded on principles of justice. SENATE.] Pay of the Army. [DEC. 26, 1826. to offer. But, the remarks of the gentleman from Missouri, [Mr. BENTON] did not strike him as forcibly, upon reflection, as at first; nor could those remarks apply alone to officers and subaltern officers. They must, in justice, also extend to the privates, whose propensities were the same as to families, and who would require an equal quantity of food for their own and their families' support. If this increase was necessary to one it was also to the other. The additional ration, if intended as an increase of pay, would amount to six dollars a month, and if this was given to officers, it should also be paid to privates, according to the reasons urged in its support. Mr. CHANDLER would barely call the attention of ford a more plentiful subsistence, he still had no objection the Senate to the change, and its consequences, which this bill proposed. As to the increase of the ration, if the comfortable subsistence of the officers required it, he could certainly advance no objection. But there was one portion of the bill to which he was strongly opposed-the payment of the different grades. The pay of the different grades was nearly the same now that it had been from the commencement of the Revolution; and he did not believe it could be better proportioned: nor had it, to his knowledge, ever been complained of until lately. He saw, in this bill, an entering wedge, which he was convinced would be followed by changes, the end of which we could not perceive. The pay of Mr. HARRISON said, the ration was certainly intended the Captains was to be raised ten dollars per month, and as an increase of pay. It was allowed to an officer to rewhen this was effected, the officers of higher rank would ceive either his rations in kind, or their value in money, also claim a similar right; and, having made a precedent, it which, in the Army, was fixed at twenty cents. The reawould be impossible to stay the progress of the system. son why the law allowed this alternative, was, that an of Mr. BENTON said, he was satisfied that the present ficer might be on service with or without his family; and pay, received by the officers of the rank designated by it might be essential to him not to be forced to take his rathe bill, was entirely inadequate. No increased compen- tions in kind. For instance, if he were stationed in the sation had been given since the year 1790, although the City of Washington, or any other city, his case would be rate of living had risen; or, which was the same, money different from what it would be if he were stationed in the had depreciated. No other officers of Government were country, or on the frontier. As to the remark that a solprovided in this manner: all others were paid according dier would require as large an amount of rations, he beto the circumstances under which their services were ren-lieved that it was allowed that an officer occupied a standdered. The salaries of other officers had been increased, ing which required more for his subsistence than for that but the pay of these officers remained the same. He considered that the additional pay and the increased provision would be barely a comfortable sufficiency for their support. The additional ration was valued at twenty cents: this was the price of Army rations, although Navy rations were twenty-five cents, though he never saw any reason for the difference in their value. At present, a Captain drew three rations, worth, at this rate, sixty cents; and should this bill pass, he would receive but eighty Mr. CHANDLER rose merely to state what he consicents, and it was impossible that this could more than sup-dered a distinction in the compensation of the Army. He port him. At present, the pay of subalterns was so scanty looked upon the rations as the subsistence, and the money that it was hardly within their power, with strict economy, the pay. He was aware, however, that it was the right to support that exterior which was expected in the offi- of officers to receive their rations either in money or in cers of the Army. They were generally men accustom-kind. ed to refined life, and their comfort would greatly depend Mr. SMITH, of Maryland, said that the extra rations on their ability to live in that society to which they had formed a fund, where officers formed together a mess, for been accustomed. It was, also, well known, that men the purchase of the various other articles, besides the sub. who embraced arms as their profession, by the habits ac-stantial ones of which they consisted, for their comfort, quired in that pursuit, as well as by disuse and want of qualifications, were rendered unfit for any other business. Having entered the Army, they had no other course of life to which they could resort, to gain a more ample compensation for their labors. They, like other men, following the impulses of our nature, formed attachments, and married and he knew several Lieutenants who, with wives and five or six children, were struggling to support them from their scanty pay, and give them such advantages of education as would make them valuable citizens. He had seen enough of the privations to which they were expos ed, to feel convinced that the provisions of the bill were both just and proper, and he trusted it would pass. Mr. SMITH, of Maryland, said, that the bill named commanders of companies, by which he presumed was meant Captains of companies. But, he believed, companies were often commanded by subordinate officers in the absence of the Captain, and he thought they ought to receive the compensation. He hoped it would be so understood by the War Department. Mr. HARRISON observed, in answer, that the bill came first from the War Department, and was, no doubt, so understood. That was his understanding of it. of a private. Nor was the principle borne out by the pay of other servants of the Government. It was generally considered that the talents of an officer were superior to those of the privates, and certainly his responsibility was infinitely greater. If a member of Congress was paid eight dollars per day, yet it would not be contended that a doorkeeper was not well paid with one. The distinction he considered sufficiently marked. and which, indeed, were as necessary. Of these articles were coffee, tea, etc. In this way officers might live well; but, when separated, they were unable to obtain many of the comforts of good living. He was in favor of an addition which should enable the officers of the Army to enjoy a plentiful subsistence, under the varying circumstances to which they were exposed. Regarding the question which had been raised, as to whether rations might be considered as pay, he remarked, that they might operate as pay, but they were, in fact, given to the soldiers as subsistence. Mr. HOLMES thought this discussion had become merely one upon words. With regard to the additional ration, if it was necessary, it ought to be given; and it made little difference to him whether it went by the denomination of subsistence or pay. The Commander in Chief, it was well known, had fifteen rations, and a soldier but one; yet, he believed, that no one would hence conclude that the Commander in Chief ate fifteen times what a soldier did. The only question was, How much do the officers require? and whatever it might be, it ought to be given them. He observed, as a passing remark, that he was inclined to think many officers were worse paid than soldiers. Mr. WOODBURY said, that, if the ration which was Mr. WOODBURY said, that the only question that he intended to be added to the compensation, was to be con- would now urge, was, whether the addition to the com. sidered as additional pay for services, and such additional pensation was intended to make the pay of those to whom pay was necessary, he had no objection to the first sec-it was to apply in proportion to that of other officers above tion; or, if it were requisite to increase the rations to af- them, or to make it commensurate to the pay in other ser. * vices. In case it was to be made proportionate to the pay of the other officers of the Army, he was perfectly willing to vote for the bill. [SENATE. for, he believed it was a settled maxim that a man who had a family dependent upon him, would weigh each action with greater care, knowing that, by any impropriety, Mr. HARRISON remarked, that the whole subject he would jeopardize, not only his own, but the happiness matter was not now before the Senate. The object of the and competence of those around him. The officers of bill, as he had before declared, was certainly to give addi- the Army were generally men of high character; their attional compensation, and by giving it in the way of ra- tachment to the service was strong, and their military tions, it was supposed it would more generally meet the habits confirmed. But this system of penury, by which convenience of the officers. The subalterns of the Army the exact amount was given which would suffice to keep had already received an increase to their former compen- body and soul together, must have a disastrous effect upon sation, while the Captains' remained the same, and had them: if they saw no prospect of relief, it would inevita ly never, since the first organization of the Army, to his know- reduce them to despair. To the class of officers, whose lege, been raised. Since that time every necessary ar- relief was contemplated by this bill, the country was deep ticle had advanced in price; nor had the condition of the ly indebted. They were the remnants of the band of he officer been stationary: for officers had, at the present roes who fought our battles and gained our victories in the time, duties and responsibilities imposed upon them, by late war. There were many fields on which they added statute, two-fold greater than was formerly the case. The to the glory of our arms. Often, regiments ordered on system established under the administration of Mr. Mon- services were reduced to battalions, battalions to comp roc, had made this great difference: the system then nies, and companies to platoons: and during that whose a lopted, and, what was better, enforced, was an immense war, not an instance is recollected, in which an American improvement; and, if he was called upon as a witness, he platoon officer failed to do his duty, deserted his post, or should state it as his belief, that, by that system, at least disgraced himself by misconduct in action. The additionthree hundred thousand dollars per annum had been sav- al compensation which this bill contemplates, was small ed to the Treasury, and the Captains of companies came in its amount: it was but about two hundred dollars-but in for the greatest share of this increased responsibility. to those who now suffered under the scantiness of their When he himself was a young man in the Army, he had pay, it would be like the "gentle dew from Heaven." Witnessed the wanton extravagance with which the pub. To allude once more to the remarks of the gentleman from lic property was destroyed: and he could safely say, that Maine, who, he was sorry to perceive, was at first against the waste was such as would astonish any gentleman who the bill, but whom he hoped would now be for it. This was acquainted with the present system. Mr. H. read bill was not an 66 entering wedge:" for already Congress from the Army Regulations some of the duties of a com- had increased the pay of the subaltern officers, and now mander of a company; and observed, that the writing the relief of the Captains was contemplated. True, it alone which a Captain had to do, was equal to that of any might be said, that anon they should be asked for increas clerk in a large counting house. So rigid were the re-el compensation of the higher officers. But he could not galations, at every article of Government property was think it just thus to mingle the necessities or the rewards charged to the account of the Captain of the company to of one class, with those of another. For his own part, which it was supplied; and the Paymaster was instructed he placed each upon its own separate bas.s, and was wilto deduct every deficiency from the pay of the Captain.ling to judge of each without referring to the other-and So heavily was this responsibility felt, that Captains were so, he hoped, the Senate would decide. anx.ous to relinquish their companies to join the staff, or Mr. CHANDLER observed, that, as the gentleman had in any other manner in their power; as they were made shewn him that this bill was not an entering wedge, perresponsible, not only for their own acts, but for the ne-haps he might with propriety call it a following wedge. g.ect of those around them. The total pay of a Captain, He had no doubt that, since Congress had so thoroughly at present, amounted to eight hundred and eighty-six dol- commenced this plan, they should find themselves involvlars and eighty four cents; and in this amount was included in the necessity of increasing the pay of the whole ed the pay of a servant, which he was in a manner obliged to keep-as, if he did not, the allowance for a servant would be stopped. In this respect the gentlemen of the South had certainly an advantage, as they generally owned their servants. As to what had been said by the gen tleman from Maine, of an "entering wedge," he was not inclined to look upon it as such. The pay of other Officers had been advanced. During the war, the rations of some of the officers were doubled, and indeed the precedent of increasing the pay of the officers of the Army was not, by any means, to be looked upon as commencing with thus bill. The provision which stops the payment of the increased compensation, when the officer goes on staff duty, was perfectly proper; and it would be merely justice, that, when the Captain leaves the command of a company to his Lieutenant, that the latter should receive the emolument while he assumes the responsibility and performs the duty. The compensation of Captains was far beneath their services. The Clerks in the several Departments received, the highest two thousand, and the lowest eight hundred dollars; and those who received the highest, had not a more arduous or more important duty to perform than that of a Captain in the Army. As the gentleman from Missouri had said, the officers of the Army were, like other men, disposed to marry, and they had famihes dependent upon them. This ought to be looked upon rather as a guarantee that their conduct would be honorable-for it added a ten fold motivę to their actions: VOL. II.-3 Army. There were many brevet officers in the Army, and if this system was established, the Captain would be disposed of, so that the Lieutenant could take his situation and his pay. Mr. HARRISON said, in reply, that the gentleman was mistaken. The brevet officers did not receive an increase of pay. A brevet Major General, taking the place of General Brown, would receive an increase, but not when commanding a post. The compensation of a Captain, in most European services, was far more lucrative than in this country. In England, and in France, their pay was much greater, but not in Germany. The pay of privates in the English service, was worse, and that of officers much higher, than in ours. Although there was no wish to make the pay of officers, in this country, equal to that in others, yet he considered them entitled to a compensation cominensurate with their services, and he doubted not it would be granted them. Mr. MACON said, the pay of one class of officers had been raised, and now it was proposed to raise the pay of others, to put them on an equal footing. But, said Mr. M., if this is a reason for this bill, reduce the pay of those that have been raised, and the object will be gained quite as well. Look at the condition of the country. Is it prosperous? Is the Treasury so full as to justify an increase of expenditure? Are the People able to bear more expenses? No, many are not. They may be in some parts of the country, where the land is more fertile, but it is not |