SENATE. Volunteer Corps. FEBRUARY, 1810. or conquest, consistently with the Constitution; to be obtained, and he subscribes the engagement but, admitting for the present that they might be in either way, there is certainly a great difference between employing the militia to defend a territory already acquired, and marching them into a foreign territory, for the purpose of acquiring it. In one case you use them to repel invasion from a territory belonging to you; and, in the other, to invade a territory which does not belong to you. I respect the "res judicata" as much as the gentleman, but I must be allowed to tell him that the case he cited is not in point. If I am correct in either of my positions, that war at this time is not to be apprehended; or if, on the other hand, it should take place with England, the only use to be made of this corps is the invasion of Canada, it is evident that in neither event do we want a force of this description. If there be war, no augmentation of the military force is necessary. But you would not, surely, throw away eight hundred thousand dollars unnecessarily; and if the only war should happen which appears in the remotest degree probable, this force will not answer the purpose for which it is intended. Of what nature it is I mean presently to inquire; but it evidently carries with it a sufficiency of the militia character not to allow you, Constitutionally, to employ it for the purpose of conquest. I cannot, therefore, consent to sacrifice nearly a million of dollars upon a fruitless project. Before we vote, Mr. President, for the bill before us, it belongs to us to ascertain the nature of the military corps which we are about to form. The Constitution recognises but two species of military force-one the militia and the other the army. The militia is the physical strength of the country capable to bear arms. They are not brought into service by enlistment, but by allegiance. They are not recruits, but soldiers made by law. They are detached from private life by law, commanded to take the field whenever the order, peace, or safety of the country require it. The obligation to serve is not from any personal agreement, but from the assent implied from the social compact. The ordinary nature and occasion of their employment detains them in the field but a short time, and returns them at the end of a short period to the bosoms of their families, and replaces them in the common character of citizens. Being the natural and efficient defence of the rights and liberties of the country, a prudent jealousy has vested in distinct authorities the power to appoint officers for these and for the Army. The former belongs to the States, the latter to the United States. The Army is composed of men enlisted under the authority of the United States, agreeing to serve as soldiers for a limited time, subject to military law, and officered by the Government of the United States. To which of these classes are we to assign the corps designed to be raised by the bill before us? The plan exhibits every feature of a regular army, except the mode of officering. The volunteers are enlisted by companies or sections, and yet individually, for the consent of each man is to serve. They are paid a bounty, and agree to serve for a limited time. In this instance the period limited is a year, but the same law may extend to five or ten years. If you call this corps no army, but a militia, you easily evade an important provision in the Constitution. The Constitution prohibits any appropriation of money being made for the use of the Army for more than two years. These two years send the Rep resentatives to their constituents, and if a dangerous or unnecessary military force has been raised, the people relieve themselves from the peril of the burden by the employment of men whose views and designs better correspond with their own. But this volunteer force being militia, and no part of the Army, may be engaged for ten years, and may be supported by a permanent appropriation for that time. What security have you against a standing force of this nature more than in the case of a standing army? The only difference is, that the officers receive their com missions from the States; but, called into service, are they not fed, clothed, and paid by the United States, and subject only to the orders of the Executive? But, of what consequence would it be, after they had been embodied for a short period of time, had acquired an esprit du corps, were deriving their subsistence and pay from this Government, and were subject to its orders alone, from what quarters the officers originally derived their commissions? This corps is of spurious origin, and a mongrel breed. It is an unnatural mixture of army and militia. The men have every character of the soldiers of a standing army, and those that command them have but one mark of militia officers. Let us have an army or militia of full blood; we shall then be acquainted with their properties, and know what we have to rely on. But, the plan of this bill seems calculated to engender a military corps with all the bad qualities of a militia and of an army, without one good property of either. I shall be indulged in one word as to the mode in which it is provided that the corps shall be officered. The militia, sir, with us, are territorially assigned to companies, regiments, and brigades. They who live in certain districts of country form a company, and so on, regiments and brigades. The officer of one regiment or brigade has no command out of his regiment or brigade. This bill forms the companies and regiments out of the different companies, regiments, and brigades. A body thus composed could not be commanded, under the laws of the State, by any officer by virtue of his State's commission. But, by this bill, the President is to assign to each officer his respective command. It is not, then, the commission that makes the officer or confers command, but the assignment of the President. The State power, under the commission, is dormant until the hand of the President shakes it from its slumbers. In fact, the necessity of State commissions only limits the compass of selection, but the officer is substantially appointed (and without the concurrence of this body) and com missioned by the President. The officer has no command until he is assigned. And how is this assignment to be made? Not by message, but the officer must have something to show for it. It must be a warrant, by some instrument of writing; and, call it by what name you will, in substance it is a commission. And this, let me tell you, will be a formidable and dangerous encroachment upon the power of the States. Will you permit me now, sir, to ask why the militia are not to be relied on, and in what point they will be excelled by this corps of volunteers? The gentleman from Kentucky told us he was not for an increase of the regular troops, but was for raising a body of citizen soldiers. I am also against an augmentation of the regular force, and equally against an increase of military force to be composed of the mongrel breed of this bill. I think we might safely rely, for any emergency likely to arise, upon those who alone truly deserve and are justly characterized by the appellation of citizen soldiers-the militia, in 'their pure, unadulterated state. How are these volunteers improved by the money you pay them? They remain at home, are not imbodied, disciplined, nor trained; when required for service, for the first time, are they placed in their ranks, and a musket put into their hands. What better are they than the militia, who will turn out if danger threatens the country, without a bounty, as expeditiously as these volunteers? We are to consider, further, the invidious nature of this system, and its inequality and injustice. It looks as if you could not rely upon the body of the militia, but must call the choice spirits to form a separate corps. Does this operation improve or flatter the militia? And, by selecting a part, do you not disorganize and disparage the remainder? SENATE. wanted, and if called into service, if as good, they are not better soldiers than the militia, whom we have for our reliance without the waste of public money. We are told for our comfort by the gentleman from Virginia, (Mr. GILES,) that if, as he admits it is shown by the report of the Secretary of the Treasury, our Treasury is empty, and that a loan of four millions of dollars will be necessary for the estimated expenses of the current year, yet that our credit is good, and of course we can borrow to the extent of our wants. This suggestion furnishes but a very gloomy prospect. Credit is not a visionary structure; it requires a solid foundation to rest on. If you have nothing but credit to support a war in its commencement, what will support your credit in the progress of a long, expensive, and ruinous contest? If, after a pros perous peace of five and twenty years, the illjudged restrictions of your commerce for two years have exhausted your Treasury, what will be the state of your finances at the end of a wasteful war of three or five years, which immediately destroys the great source of your revenue? Loans are our ultimate resort, and what are we to forbode if driven, in the commencement of a war, to our last resource? But, sir, if necessity will justify our borrowing, are you excused in borrowing for projects evidently unnecessary and fruitless? If we possessed at this moment the overflowing Treasury which a short time since puzzled the wits and invention of your members to dispose of its surplusses, I should feel less objection to the generous donations which the bill proposes; but, at a crisis when the wants of the Government are increasing and its resources are decaying, I conceive it to be a time illy selected to display our liberality or to indulge profusion. Again, sir, if service be required and the Uni- When gentlemen will convince me that there ted States be assailed at any particular point, can is danger of invasion, I shall be as ready as any you suppose that thirty thousand men, scattered one on this floor to vote for an augmentation of over the face of our country, from Maine to our military force-not upon the principles of this Georgia, will dispense with the employment of bill, but upon such as would add to the strength the militia? The militia and volunteers are then of the Army, or improve the condition of the called upon to turn out at the same time-the militia; and, even with the view I have of the first gratuitously, the latter for the bounty which state of our affairs, I will agree to such preparathey have received. Will the body of the militiations for defence as will serve us in the event of be satisfied that a part of them, without any better pretensions than the others, are paid for turning out, when they are obliged to perform the same duty for nothing? Again, sir, will you not consult the state of your Treasury before you incur the fruitless expense of this bill? Let me direct your eyes to the report of the Secretary of the Treasury for a view of the deplorable condition of your finances. We there find that the Treasury is empty; we see to the bottom of it, and the streams have failed which formerly replenished it. In this state of things, is it a matter of no moment to part with eight hundred thousand dollars-I may say to throw them away-for if the bill passes, they are gone, and the United States have no prospect of benefit in return? At present there is no probability that these volunteers will be war, and yet not be useless, or lost, if peace should be preserved. If the committee will take back this bill and propose the expenditure of eight hundred thousand dollars in the purchase of arms to be deposited in convenient arsenals for the use of the militia, I will agree to lay out not only eight hundred thousand dollars, but a million of dollars. According to the estimate contained in the bill, a million of dollars will furnish a hundred thousand stand of arms and accoutrements. This will arm the one hundred thousand militia who are to hold themselves in readiness for service when and wherever they may be called into the field. Adopt this measure, and if, happily, we escape a war, your money is not lost. The arms are a treasure deposited in your arsenals of more value than the dollars which are paid for them deposited in your Treasury. Such is the only When Mr. BAYARD had concluded, the further consideration of the bill was made the order of the day for Monday next.-And on motion the Senate adjourned. TUESDAY, February 13. Mr. GREGG, from the committee to whom was referred, on the sixth instant, the bill from the House of Representatives, entitled "An act to prescribe the mode in which application shall be made for the purchase of land at the several land offices, and for the relief of Joab Garret," reported the bill with amendments; which were considered and agreed to, and the bill was ordered to the third reading as amended. Mr. SMITH, of Maryland, from the committee to whom was referred the bill from the House of Representatives, entitled "An act respecting the commercial intercourse between the United States and Great Britain and France, and for other purposes," reported it with an amendment. FEBRUARY, 1810. for the relief of the refugees from the British Provinces of Canada and Nova Scotia, and for other purposes," reported the bill with amendments; which were read. The Senate resumed the consideration of the report of the select committee on the bill relative to the district court of the United States established in the Territory of Orleans; and, on motion, the Senate adjourned. THURSDAY, February 15. Mr. BRADLEY, from the committee to whom was recommitted, on the 6th instant, the bill, entitled, "An act authorizing the removal of slaves from one part of the District of Columbia to another," reported the bill with amendments; which were read. The Senate resumed the bill granting a right of pre-emption to purchasers of public lands in certain cases; and, on motion by Mr. Bradley, the bill was recommitted to a select committee to consist of five members, further to consider and report thereon; and Messrs. BRADLEYy, Gregg, ed the committee. MEIGS, FRANKLIN, and CAMPBELL, were appoint The Senate resumed, as in Committee of the Whole, the consideration of the amendments reThe Senate resumed the motion made on the "An act to revive an act, entitled 'An act for the ported by the select committee to the bill, entitled 18th of January for an amendment to the Con-relief of the refugees from the British Provinces stitution of the United States, together with the of Canada and Nova Scotia, and for other puramendments reported thereon by the select com- poses ;" and, having agreed thereto, the President reported the bill to the House amended accordingly. Ordered, That this bill pass to the third read mittee. On motion, by Mr. CRAWFORD, the resolution was recommitted to a select committee, to consist of five members, further to consider and reporting as amended. thereon; and Messrs. REED, CRAWFORD, LEIB, GILES, and PICKERING, were appointed the committee. Mr. BAYARD, from the committee to whom was referred, on the first instant, the bill relative to the district court of the United States established in the Territory of Orleans, reported it with amendments; which were read. Mr. SMITH, of Maryland, from the committee to whom was referred, on the 6th instant, the bill, entitled "An act making appropriations for the support of Government during the year one thousand eight hundred and ten," reported the same with amendments; which were read. Mr. HILLHOUSE submitted the following motion: On motion, by Mr. LEIB, it was agreed that the further consideration of the bill, entitled "An act Resolved, That the President of the United States respecting the commercial intercourse between be requested to cause to be laid before the Senate inthe United States and Great Britain and France, formation of the manner in which the act, entitled and for other purposes," together with the amend-"An act to amend and continue in force certain parts ment reported thereon, be the order of the day for Monday next. WEDNESDAY, February 14. Mr. GILMAN, from the committee, reported the amendments to the bill, entitled "An act to prescribe the mode in which application shall be made for the purchase of land at the several land offices, and for the relief of Joab Garret," correctly engrossed; and the bill was read the third time as amended. Resolved, That this bill pass with amendments. Mr. BRADLEY, from the committee to whom was referred, on the 20th of December, the bill, entitled "An act to revive an act, entitled ‘An act of the act, entitled 'An act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes," has been executed; and how far exports to, and imports from, the ports of Great Britain, have been, or now are permitted; and, whether collectors of districts in the United States do not admit to an entry goods the growth and manufacture of Great Britain, and, if so, under what authority the same is done." Mr. REED, from the committee to whom was recommitted, on the 13th instant, the resolution for an amendment to the Constitution of the United States, together with the amendments reported thereon by the select committee, reported the same further amended, to read as follows: "No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall, without the consent of Congress, accept of any present, emolument, office, or title of any kind whatever, from any Emperor, King, Prince, or foreign State. And, if any citizen of the United States shall accept of any title of nobility, or of any other title of distinction, above or below that of nobility, from any Emperor, King, Prince, or foreign State, or shall hold the same by descent, such citizen shall thenceforth be incapable of exercising or enjoying any of the rights and immunities of a free citizen of the United States, or of the individual States; and shall, also, be incapable of holding any office of profit or trust under them, or either of them." FRIDAY, February 16. The Senate resumed the motion made yesterday, for information on the manner in which the non-intercourse law has been executed. On motion, by Mr. GILES, to amend the motion, by striking out all that follows the word "information," and inserting, in lieu thereof, these words: "Whether, in the execution of the act, entitled 'An act to amend and continue in force certain parts of the act, entitled 'An act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes,' exports to, and imports from Great Britain or France have been, or are now permitted; and, whether collectors of districts in the United States do not admit to an entry goods the growth and manufacture of Great Britain or France :" Mr. HILLHOUSE called for a division of the question, and it was taken on striking out; and passed in the affirmative-yeas 19, nays 10, as ed as follows: "Whether, in the execution of the act, entitled 'An act to amend and continue in force certain parts of the act, entitled 'An act to interdict the commercial inter course between the United States and Great Britain and France, and their dependencies, and for other purposes,' exports to, and imports from, the ports of Great Britain or France have been, or are now permitted; and whether collectors of districts in the United States do not admit to an entry goods the growth and manufacture of Great Britain or France; and the instruc tions under which such collectors have acted:" It was determined in the affirmative-yeas 29, nay 1, as follows: SENATE. So it was Resolved, That the President of the United States be requested to cause to be laid before the Senate information whether, in the execution of the act, entitled "An act to amend and continue in force certain parts of the act, entitled An act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes," exports to, and imports from, the ports of Great Britain or France have been, or are now permitted; and whether collectors of districts in the United States do not admit to an entry goods the growth and manufacture of Great Britain or France; and the instructions under which such collectors have acted. Ordered, That the Secretary lay this resolution before the President of the United States. The Senate resumed, as in Committee of the Whole, the bill, entitled "An act making appropriations for the support of Government during the year 1810;" together with the amendments reported by the select committee; and, after progress, on motion by Mr. BAYARD, it was agreed that the further consideration thereof be postponed to Monday next. MONDAY, February 19. Mr. BRADLEY presented a petition_from_the committee in behalf of the Trustees of the Erie Literary Society, stating that the Legislature of the State of Ohio, in the year 1803, incorporated that society, with power to establish a college in the Connecticut Western Reserve; and that the Trustees have fixed upon the town of Burton, in the county of Granger, for the purpose; and praying a donation in land for the benefit of the institution; and the petition was read, and referred to a select committee, to consider and report thereon by bill or otherwise; and Messrs. BRADLEY, GREGG, and GOODRICH, were appointed the committee. Mr. BRADLEY presented the petition of Amasa Soper, of Westminster, in the State of Vermont, late a Captain in the Revolutionary army of the United States, detailing his services and sufferings, and praying relief; and the petition was read. The PRESIDENT communicated a report from the Secretary of War, on the sale of public arms to individual States, as authorized by the act of the 2d of April, 1808, entitled "An act authorizing the sale of public arms;" which was read, and ordered to lie for consideration. Mr. LEIB presented the petition of Joseph Joshua Dyster, stating that he had discovered a new and important mode of propelling vessels through the water by means of steam; and praying Congress to grant him the privilege of obYEAS-Messrs. Anderson, Bayard, Bradley, Camp-taining for that purpose a patent right, he not bell, Champlin, Condit, Crawford, Franklin, Gaillard, German, Giles, Gilman, Goodrich, Gregg, Hillhouse, Horsey, Lambert, Lloyd, Mathewson, Meigs, Parker, Pickering, Robinson, Smith of Maryland, Smith of New York, Sumter, Tait, Turner, and Whiteside. NAX-Mr. Reed. having been long enough a resident in the United States to entitle him thereto; and the petition was read, and referred to a select committee, to consider and report thereon; and Messrs. LEIB, GOODRICH, and MATHEWSON, were appointed the committee. The bill, entitled "An act to revive an act, entitled An act for the relief of the refugees from the British Provinces of Canada and Nova Scotia, and for other purposes,' ," was read the third time as amended, and passed. The Senate resumed, as in Committee of the Whole, the bill, entitled "An act making appropriations for the support of Government during the year 1810," together with the amendments reported by the select committee. FEBRUARY, 1810. Public Lands of the United States; which was read, and passed to the second reading. Mr. GILMAN, from the committee, reported the amendments to the bill, entitled "An act making appropriations for the support of Government, for the year one thousand eight hundred and ten," correctly engrossed; and the bill was read the third time as amended. Resolved, That this bill pass with amendments. On motion, by Mr. LLOYD, to strike out the following words, section 1, lines 160, 161: "For re-into the expediency of employing the torpedo, or subpaying the Bank of the United States a sum advanced to the late collector of New Orleans, to enable him to pay drawbacks, one hundred thousand dollars;" it was determined in the negative-port by bill or otherwise. yeas 8, nays 22, as follows: YEAS-Messrs. Bayard, Champlin, Goodrich, Hillhouse, Horsey, Lloyd, Pickering, and Reed. NAYS-Messrs. Bradley, Brent, Campbell, Condit, Crawford, Franklin, Gaillard, German, Giles, Gregg, Lambert, Leib, Mathewson, Meigs, Parker, Robinson, Smith of Maryland, Smith of New York, Sumter, Pait, Turner, and Whiteside. And the report of the select committee having been amended, was agreed to; and the PRESIDENT having reported the bill to the House amended accordingly, on the question, Shall this bill be read a third time as amended? it was determined in the affirmative. marine explosions, in conjunction with the naval and military operations of the United States, for the better defence of their ports and harbors; with leave to re The PRESIDENT communicated a petition of George H. Hannah and others, impressed American seamen, in the British service, praying the interposition of Government for their relief; and the petition was read, and referred to the Secretary of State, to consider and report thereon to the Senate. Mr. SMITH, of Maryland, from the committee to whom was referred the bill for the relief of Joseph Summerl, Simon Philipson, William Hamon, Archibald McCall, and Isaac Clason, reported it with amendments; which were read. The Senate resumed the consideration of the motion made on the 18th of January, for an The following Message was received from the amendment to the Constitution of the United PRESIDENT OF THE UNITED STATES: To the Senate of the United States: I transmit a report of the Secretary of the Treasury, complying with their resolution of the 12th instant. JAMES MADISON. FEBRUARY 17, 1810. The Message and report were read, and ordered to lie for consideration. States, together with the amendments reported by the select committee; and, after debate, on motion, by Mr. GILES, the motion was recommitted to a select committee, further to consider and report thereon; and Messrs. CRAWFORD, GILES, REED, PICKERING, and BAYARD, were appointed the committee. The Senate resumed, as in Committee of the Mr. HILLHOUSE presented the petition of Wil- Whole, the bill, entitled "An act respecting the liam Marbury and others, inhabitants of George-commercial intercourse between the United town and District of Columbia, praying a law States and Great Britain and France, and for authorizing a turnpike from the intersection of other purposes," together with the amendments Fayette and High street, continued by Tennelly-reported thereto by the select committee. town, to the place where the Fredericktown road now crosses the District line; and the petition was read, and ordered to lie for consideration. TUESDAY, February 20. Mr. LEIB presented the memorial of a large number of the citizens of the State of Pennsylvania, on the subject of our foreign relations, and remonstrating against the passage of a bill pending in the Senate, respecting the commercial intercourse between the United States and Great Britain and France, and for other purposes; and the memorial was read. Mr. GERMAN presented the petition of a number of the citizens of the city of New York on the same subject; which was read. On motion, by Mr. GILES, to postpone the further consideration thereof until Monday next, it was determined in the negative-yeas 8, nays 25, as follows: YEAS-Messrs. Bayard, Champlin, Giles, Horsey, Mathewson, Meigs, Parker, and Robinson. NAYS-Messrs. Anderson, Bradley, Campbell, Clay, Condit, Crawford, Franklin, Gaillard, German, Gilman, Goodrich, Gregg, Hillhouse, Lambert, Leib, Lloyd, Pickering, Pope, Reed, Smith of Maryland, Smith of New York, Sumter, Tait, Turner, and Whiteside. On motion, by Mr. CRAWFORD, it was agreed that the further consideration of the bill be postponed until to-morrow. Mr. MEIGS, from the committee appointed on the 8th of January, to inquire into the expedia ency of establishing by law a Land Department of the United States, reported a bill to add to the officers of the Treasury a Superintendent of the WEDNESDAY, February 21. The bill to add to the officers of the Treasury ted |