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representatives, until he or they shall make application therefor to the Secretary of the Treasury, who, upon such application, shall, by warrant on the Treasurer, cause the same to be paid to the applicant."
It was determined in the affirmative-yeas 13, nays 10, as follows:
YEAS-Messrs. Bledsoe, Dana, Gore, Horsey, Hunter, King, Lambert, Mason, Smith, Thompson, Varnum, Walker, and Wells.
NAYS-Messrs. Bibb, Daggett, Gaillard, German, Kerr, Lacock, Morrow, Roberts, Tait, and Taylor.
Further amendment having been proposed by Mr. BLEDSOE, on motion, the further consideration of the bill was postponed until to-morrow.
The Senate resumed, as in Committee of the Whole, the consideration of the bill supplementary to the act, entitled "An act providing for the indemnification of certain claimants of public lands in the Mississippi Territory; and on motion, by Mr. HUNTER, it was referred to a select committee, to consider and report thereon; and Messrs. GORE, HUNTER, and TAYLOR, were appointed the committee.
WEDNESDAY, January 4.
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, on motion, by Mr. SMITH, the further consideration thereof was postponed to Saturday next.
Mr. GORE, from the committee to whom was referred the bill supplementary to the act, entitled "An act providing for the indemnification of certain claimants of public lands in the Mississippi Territory," reported it with amendments.
A message from the House of Representatives informed the Senate that the House agree to some and disagree to other amendments 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."
They disagree to all the amendments 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 household furniture, on horses kept exclusively for the saddle or carriage, and on gold and silver watches."
The Senate resumed, as in Committee of the Whole, the consideration of the bill, entitled "An act to provide additional revenues for defraying the expenses of Government, and maintaining the public credit, by laying a direct tax upon the United States, and to provide for assessing and collecting the same," and Mr. BLEDSOE withdrew his motion to amend the bill; and the PRESIDENT reported it to the House amended.
On the question, to agree to the amendments made in Committee of the Whole, it was determined in the negative.
On motion, by Mr. ROBERTS, that the further consideration of the bill be postponed to Monday next, it was determined in the negative-yeas 8, nays 21, as follows:
YEAS-Messrs. Anderson, Chace, Condit, Hunter, Lambert, Roberts, Varnum, and Wells.
NAVS-Messrs. Bibb, Bledsoe, Brown, Daggett, Dana, Fromentin, Gaillard, German, Gore, Kerr, King, Lacock, Mason, Morrow, Smith, Tait, Taylor, Thompson, Turner, Walker, and Wharton.
On motion, by Mr. ANDERSON, to add a new section to the bill, as follows:
SEC. 4. And be it further enacted, That the same kind of money, bank notes, or other paper, which the United States shall have paid, or may at any time hereafter pay, to the militia of the respective States, for military services rendered to the United States, shall be receivable in the payment of the direct and other taxes, which have been, or shall hereafter be, authorized by Congress."
It was determined in the negative.
On the question, Shall this bill be read a third time it was determined in the affirmative.
The Senate proceeded to consider the amendments disagreed to by the House of Representatives 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." Whereupon,
Resolved, That they recede from their amendments disagreed to by the House of Representatives, except so much of the fifth amendment, as follows: "umbrellas and parasols, if above the value of two dollars, eight per centum ad valorem ;" and that they do insist on said amend
The Senate proceeded to consider the amendments disagreed to by the House of Representatives 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 household furniture, on horses kept exclusively for the saddle or carriage, and on gold and silver watches."
Whereupon, on motion by Mr. TAYLOR, Resolved, That the Senate insist on their amendment disagreed to by the House of Representatives.
The Senate resumed, as in Committee of the Whole, the consideration of 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, together with the amendments reported thereto by the select committee; and Mr. BROWN Submitted a new section to be added as an amendment to the bill.
On motion, it was agreed that the further consideration thereof be postponed.
The Senate resumed as in Committee of the Whole, the consideration of the bill for ths relief of William Gamble; and no amendment having been proposed, on the question, Shall this bill be
engrossed and read a third time? it was deter- the widows and orphans of militia and volunteer mined in the affirmative.
THURSDAY January 5.
soldiers who shall die or be killed in the service of the United States," reported it without amend
The Senate resumed, as in Committee of the Whole, 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 Mr. MASON submitted an amendment to the bill. On motion, it was agreed that the further consideration thereof be postponed.
Mr. BLEDSOE submitted the following motion for consideration:
Resolved, That the committee on so much of the
Message of the President of the United States as relates to our naval affairs, be instructed to inquire into the expediency of establishing a naval school. DIRECT TAXES.
On motion, by Mr. MORROW, Resolved, That the committee appointed on the memorial of the Legislature of the Indiana Territory, be instructed to inquire into the expediency of allowing further time for completing the surveys, and obtaining the patents on locations heretofore made under land warrants issued by virtue of resolutions of the Legislature of Virginia, passed prior to the cession of the Northwestern Territory to the United States, as a bounty for military services in the Continental line; and that the committee report by bill or otherwise. A message from the House of Representatives informed the Senate that the House insist on their disagreement to the amendment of the Senate to the bill, entitled "An act to provide additional revenues for defraying the expenses of Government, The bill entitled "An act to provide additional and maintaining the public credit, by laying revenue for defraying the expenses of Governduties on various goods, wares, and merchandise, ment, and maintaining the public credit, by laymanufactured within the United States." They ing a direct tax upon the United States, and to also insist on their disagreement to the amend-provide for assessing and collecting the same," was ments of the Senate to the bill, entitled "An act read a third time. to provide additional revenues for defraying the expenses of Government, and maintaining the public credit, by laying duties on household furniture, on horses kept exclusively for the saddle or carriage, and on gold and silver watches." They ask a conference on the disagreeing votes of the two Houses on the bill last mentioned, and have appointed managers on their part.
On motion, by Mr. TAYLOR, the Senate agreed to the conference proposed by the House of Representatives on the bill last mentioned, and Messrs. TAYLOR, BLEDSOE, and DAGGETT, were appointed the managers at the same, on their part.
On motion by Mr. BIBB,
Resolved, That the Senate ask a conference on 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." Ordered, That Messrs. TAYLOR, BLEDSOE, and DAGGETT, be the managers at the same, on their part.
The bill for the relief of William Gamble was read a third time, and passed.
The Senate resumed, as in Committee of the Whole, the consideration of the bill supplementary to the act, entitled "An act providing for the indemnification of certain claimants of public lands in the Mississippi Territory," together with the amendments reported thereto by the select committee; and the amendments having been agreed to, the President reported the bill to the House accordingly, and it was further amended, and the bill ordered to be engrossed and read a third time as amended.
Mr. VARNUM, from the committee to whom was referred the bill, entitled "An act to provide for
Mr. GORE, of Massachusetts, addressed the Chair as follows
Mr. President: This bill imposes burdens extremely heavy on all the citizens of our common country, and on those with which I am most acquainted, a load, that, under existing circumstances, will be intolerable.
With the principle of the bill, in selecting as objects of taxation the lands and buildings of the United States, I have no fault to find.
I consider them as fit and proper subjects of revenue, and such assessments calculated to equalize the burdens of the country, as imposing them on all parts, and with more impartiality than can be attained by any other mode.
And, sir, I should feel it my duty to vote for a bill, imposing such a tax, to any reasonable amount, had it not pleased the Government of the nation to place the State, which I have the honor to represent, out of the protection of the United States, and to determine, that while it shall bear a full proportion of the taxes, none of their fruits shall redound to her relief.
The motives of Congress, in granting supplies, are doubtless to provide for the defence of the country and the security of its rights, by a safe and honorable peace.
These motives are wise and irresistible; all concur in the necessity of defending our territory against the enemy; and in the assertion and maintenance of our essential rights, at every peril, and if necessary, by the sacrifice of all that conduces to private ease and personal enjoyment.
No one feels this truth more sensibly than myself-no one considers the duty more imperative. With its obligations I have no compromises to make, and in its performance I ask for no limitations, on account of the folly and improvidence with which the war was waged, nor of the de
grading imbecility and prodigal waste of treasure, of blood, and character, by which it has been prosecuted.
The enemy publicly proclaims his purpose. to spread desolation, far and wide, on our unprotected seacoast. He proceeds to execute his threats with a barbarity and baseness, in many instances, unprecedented.
The mansions of the rich, the palaces of the nation, and the cottages of the poorest citizens, feel alike his disgraceful vengeance. The opulence of the wealthy is destroyed; the means of subsistence to the impoverished inhabitants of the sands are redeemed from his rapacity by grinding impositions, which the charity of such as being out of the reach of his power are alone able to supply. Even the ashes of the dead are not suffered to repose in quiet. And, as the last act of atrocity, your slaves are seized and seduced, embodied in military array, and led to the destruction of their masters and the plunder of their possessions.
Whether those acts seek an apology in the conduct of our own Government, we cannot inquire for the purpose of weighing our duty to repel his attack. Whoever comes to our shores, in the character of an enemy, must be resisted. We must do all in our power to defend ourselves and our soil from an invading foe.
A question arises, have we any grounds for believing that the grants of men and money will be wisely applied to the purposes of defence and protection?
Honorable gentlemen will please to go back to November, 1811, when the Executive, in winding its devious course to the fatal act of June 1842, addressed the hopes, the fears, the vanity, and pride of the people, and, avowing its duty to establish the general security, assured the nation "that the works of defence on our maritime frontier had been prosecuted with an activity leaving 'little to be added for the completion of the most 'important ones. The land forces so disposed as to insure appropriate and important services, and embodied and marched toward the Northwestern frontiers," to seek satisfaction for acts, which it was declared, had alike "the character and effect of war."
The subsequent course of things must be full in the mind of every one, and the result known and felt by all.
We learn that the same measures are to be pur sued. The Atlantic coast is to be defended as heretofore, by attempts on Canada. This is frankly and formally told to the Congress, that no pretence can be urged, in future, of disappointment or deception.
I forbear to speak on this subject. In the actual state of things, all reasoning must be futile. The powers of language cease before the eloquent monitors constantly in our view.
We are doomed to remain in this scene, that we may not, for a moment, lose sight of our degradation and disgrace.
The Government had complete information of the designs of the enemy, months before his attack
on Washington. In this city, were all the means of defence, fortresses, ships, cannon, men, and money; here, too, was concentrated all the wisdom of the Administration, to deliberate, examine, decide, and prepare for the support of the Capitol, at least sixty days prior to its destruction, by a few thousand worn down and exhausted soldiers. You have now in full view, the effect of their combined councils-of their individual and united talents, prudence, and energies.
These monuments show, in characters not to be mistaken, the future in the past, and the desolation around. They declare the fate of every place, under the influence and protection of our Government, if approached by the enemy.
Congress continues to grant, with no sparing hand, supplies of every kind to the same men, in the hope, it is imagined, that Heaven may, by some miracle, interpose for their application to the safety and relief of the country.
Permit me, sir, to crave your indulgence, and that of the honorable Senate, while I relate the condition of the country which I represent, as the grounds of the vote I am constrained to give on this occasion. The State of Massachusetts has a seacoast of about six hundred miles in extent. Its Eastern boundary joins that of the enemy. It is, of course, peculiarly liable to invasion. The President of the United States was avowedly of the opinion that it would be invaded immediately on the commencement of the war. There were several islands, and one of great importance, on the Eastern frontier, the title to which was not definitively acknowledged by Great Britain. The claim of Massachusetts had been allowed, by this Power, in a treaty made according to the instructions of the President, which treaty the United States had chosen to reject. The Government, therefore, superadded to the general obligation enjoined upon it, to protect and defend the territory of all the States, had incurred a peculiar responsibility to guard this particular frontier from falling into the hands of the enemy.
This State has been left entirely unprotected and defenceless, and has at no time had within it, and destined to its defence, sufficient force of the United States, to protect any one point against a common and ordinary hostile attack.
Shortly after the adoption of the Constitution she ceded to the United States all the fortresses in her possession. These, with all the prominent points of land and sites, appropriate for fortifications to defend the State against invasion, were, and for a long time previous to the war had been, in the exclusive possession of the United States. The State, therefore, had no authority or jurisdiction over, nor even to enter them, for any purpose; much less to assume the defence of their territory, through these means.
One great and principal object of the Constitution was to provide by this Government for the common defence, and, by the power and resources of all the States, to protect each against invasion.
The preamble declares: "We, the people of the United States, in order to form a more per'fect union, establish justice, insure domestic
8 tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do 'ordain and establish this Constitution." For this end, the States surrendered the principal sources of revenue, over which they, previously, had uncontrolled dominion.
"The Congress shall have power-to lay and 'collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defence," to borrow money on the credit of the United 'States."
Here are ample resources, and means commensurate to the duties the United States were enjoined and undertook to perform.
This cannot be denied by the men now in power; for they abolished many taxes, in full and productive operation, at the time they received the Government.
Power was also granted to raise and support every kind of force necessary to insure the common defence, and to protect the States against invasion, viz: "To raise and support armies." "To provide and maintain a Navy." To exerercise exclusive legislation over all places pur'chased by the consent of the Legislatures of the 'States in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and ' other needful buildings."
The several States, having surrendered their own resources, and afforded such ample provision for the common defence, left no doubt of the paramount duty in the United States to perform it punctually and faithfully.
In the present war, they are without excuse, if this be not fully and perfectly done; for the war was of their own choice; they made it, and at their own time.
The several States received from the United States a solemn obligation, that they would protect each against invasion. "The United States " guarantee to every State a Republican form of 'Government, and shall protect each of them ' against invasion."
protection and defence, on the Government of the United States.
No one will pretend that such defence has been afforded to all the States in the Union. Massachusetts has been entirely abandoned. The men raised there for the regular Army have been marched out of the State.
Within a month after the declaration of war, the Governor of that State was informed, by direction of the President, that the regular troops were all ordered from the seacoast; and his threat, if intended as such, was instantly executed. Thus, the moment the United States had placed the country in a situation to require defence, and which it was their duty to provide, they wantonly took away the only force which could afford it.
It may be said, that the President called forth the militia, in June and July, 1812, for the purpose of making the defence, and protecting the State against invasion, and the Governor refused to obey the requisition. On the 12th June, 1812, the President, by his Secretary of War, requested Governor Strong to order into the service of the United States, on the requisition of General Dearborn, such parts of the militia as the General might deem necessary for the defence of the seacoast; and, on the 22d June, the same General informed the Governor that war was declared against Great Britain, and requested forty-one companies for the defence of the ports and harbors in Massachusetts, and the harbor of Newport, in Rhode Island.
The Governor of a State is obliged to comply with every requisition of the United States for militia, made in pursuance of the provisions of the Constitution. He is equally bound, by his duty to the States, to refrain from calling them forth for purposes not within these provisions.
The only cases which authorize a call for the militia of the several States, to act against an enemy, is to repel invasion.
The President, neither by himself nor any of his officers, ever pretended that this case existed, at the time the requisition was issued. The reIf anything were wanting to show the sacred-quisition was made expressly for the defence of ness of this duty in the United States, and the the ports and harbors of that State and of Rhode absolute reliance which the States entertained of Island. its complete performance, it is to be found in the restrictions and privations which the several States imposed on themselves.
"No State shall grant letters of marque and reprisal. No State shall, without the consent of Congress, lay any imposts, or duties on imports or exports," except. &c. "No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war, in time of peace, enter into any agreement or compact with another State, or with a foreign Power, or engage in a war, unless actually invaded, or in such imminent danger as will not admit of ' delay."
Having thus surrendered all the pecuniary resources, necessary to provide the means of defence, and also the right to raise a force requisite to this end, the several States did rely, and were justified in relying, with perfect confidence, for complete
The militia is a force which belongs to the several States respectively and exclusively, and is so recognised by the Constitution of the United States. The Government of the United States is a Government of limited authorities, and has no other powers than what are granted by the Constitution. A power to call forth the militia to provide for the common defence, or to protect against invasion, is nowhere granted to the United States in express terms. All the authority over the militia delegated to the United States, is to call them forth to repel invasion, to execute the laws, and to suppress insurrection. The United States are bound to provide for the common defence.
To repel invasion is included in the duty of providing for the common defence; and as invasion may be sudden, even in time of profound peace, and before the United States can bring
their forces to meet an unexpected attack, the militia of the several States is granted to the United States, from the necessity of the case, as the means by which they may provide for the common defence in such particular instance.
If the United States have authority to call forth the militia, for the ordinary purposes of war, for the common defence, or for protection against invasion, under any of the general powers granted, such as that to provide for the common defence, there would have been no necessity for the special clause authorizing Congress to provide for calling them forth, to repel invasion; for repelling invasion is undoubtedly one part of the duty of providing for the common defence.
States, and especially under the express limitation, viz: "that powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States, or to the people," such construction may be adopted, there remains no security for any right reserved to the States, or to the people.
However conclusive this reasoning may be, it is not to be presumed that, after the strides of power in which the spirit of party has indulged, it will have any effect on those who direct the affairs of this country. I will, sir, however, refer to opinions and authorities in confirmation of what has been advanced, that to many gentlemen did not formally admit either of exception or appeal.
These are to be found in the resolutions and arguments of the Legislature of Virginia, and of Mr. Madison, one of that Legislature, in the years 1799 and 1800-I refer the Senate to the third resolution passed by that body, and framed by the pen of the President, in the words following:
If it were the intent of the Constitution to grant to the United States, expressly, a power over the militia for protection against invasion, it would have declared that for such purposes the United States might call forth the militia, or it would have said, to protect against, or repel invasion. And especially in the clause which enjoins on the United States the duty of protecting each State "3, Resolved, That this Assembly doth explicitly against invasion, the Constitution would have and peremptorily declare, that it views the powers declared, and that, for this purpose, the United of the Federal Government, as resulting from the comStates shall call forth the militia. No such words, pact to which the States are parties, submitted by the no such grants, are made in this instrument. If, plain sense and intention of the instrument constituttherefore, the authority of the United States to ing that compact, as no further valid than they are aucall forth the militia, to protect the ports and har-thorized by the grants enumerated in that contract; bors of a State, be granted, it must be by the terms to repel invasion. Common defence includes all the means by which a nation may be guarded, protected, defended, and secured against danger, both in war and in peace.
To repel invasion, is only one particular and specific act providing for the common defence. It is contrary to common sense, as well as to all the rules of logic, to say that a specific power or duty includes the general power, or duty, of which it is a part; it is to say, that a part contains the whole.
and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the States who are parties thereto have a right and are in duty bound to interpose, for arresting the progress of the evil, and for maintaining within their respective limits the authorities, rights, and liberties appertaining to them."
"It is said, that Congress are, by the Constitution, to protect each State against invasion, and that the means of preventing, are included in the power of protection against it."
"The power of war in general having been before To repel invasion, is to drive back and resist granted by the Constitution, this clause must either be that which has already happened. To protect a mere specification, for greater caution and certainty, against invasion is to prevent its happening, to of which there are other examples in the Constitution, secure against its existence. The one act is against or be the injunction of a duty, superadded to a grant an event that has occurred-the other is to insure of power. Under either explanation, it cannot enlarge and guard against the occurrence of such an event. the powers of Congress on the subject. The power To protect against invasion, is to erect fortres- and duty to protect each State against an invading ses, to have them well manned, and supplied with enemy would be the same, under the general powers, if all requisite stores, to provide and equip ships of this regard to greater caution had been omitted." "Invasion is an operation of war. To protect war, to have an army and navy well organized against invasion is an exercise of the power of war. A and disciplined, in peace and in war. To repel power, therefore, not incident to war, cannot be inciinvasion is one specific act of war, against ano-dent to a particular modification of war. And as the ther act of the like character. removal of alien friends has appeared to be no incident To repel invasion is one part of the duty of to a general state of war, it cannot be incident to a providing for the common defence, and for this partial state, or to a particular modification of war." part a particular force is granted. To say that a "Nor, can it ever be granted, that a power to act grant of this force, for this special service, in-on a case, when it actually occurs, includes a power cludes a grant of the same force for the purposes of protection and defence, is to say, that a grant for one purpose is a grant for another, and for every purpose, and that the grant of a limited, is the grant of a general authority. This would be both illogical and irrational. And if under the limitations, which were intended to control the powers granted to the Government of the United
over all the means that may tend to prevent the occurrence of the case. Such a latitude of construction would render unavailing every practicable definition of limited powers."-[See proceedings in the House of Delegates, of Virginia, on the 7th January, 1800, on the resolutions of the General Assembly of December 21, 1798.]
If the observations which I have made are