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SENATE.

Proceedings.

DECEMBER, 1811.

Mr. BAYARD, from the committee appointed as The bill, entitled "An act for the relief of John
managers of the conference upon the subject-mat- Burnham," was read the second time, and referred
ser of the bill from the House of Representatives, to a select committee, to consider and report there-
entitled "An act for the apportionment of Repre-on; and Messrs. GERMAN, FRANKLIN, and GREGG,
tentatives among the several States, according to
the third enumeration," made the following re-
port:

"That the committee had held a conference with the managers appointed in behalf of the House of Representatives, and that the joint committee of the two Houses, upon the close of the conference, finally separated without coming to any agreement. That the committee heard nothing on the conference sufficient to induce them to depart from the amendments made by the Senate to the bill from the House of Representatives. They therefore recommend it to the Senate to adhere to the said amendments."

On motion, by Mr. BAYARD, it was agreed that the consideration of the report be the order of the day for to-morrow.

WEDNESDAY, December 11..

The bill, entitled "An act allowing further time for completing the payments on certain lands held by right of pre-emption in the Mississippi Territory," was read the third time, and passed.

A message from the House of Representatives iuformed the Senate that the House have passed a bill, entitled "An act to authorize the laying out and opening a public road from the line estab lished by the treaty of Greenville to the North Bend, in the State of Ohio;" also a bill, entitled "An act for the relief of John Burnham;" in which bills they desire the concurrence of the Senate.

The bills last mentioned were read, and passed to the second reading.

The Senate resumed the consideration of the report of the managers at the conference upon the subject-matter, of the amendments to the bill, entitled "An act for the apportionment of Representatives among the several States, according to

the third enumeration."

Whereupon, on motion by Mr. BAYARD, that

the Senate adhere to their amendments to the
said bill, it was determined in the affirmative-
yeas 18, nays 16, as follows:

YEAS-Messrs. Bayard, Bradley, Cutts, Dana, Ger-
man, Gilman, Goodrich, Gregg, Horsey, Howell, Hun-
ter, Leib, Lloyd, Reed, Robinson, Smith of Maryland,

Smith of New York, and Varnum.

were appointed the committee.

Mr. DANA presented the petition of Isaac Tryon, of Glastenbury, in the State of Connecticut, praying that the patent granted him on the 22d of February, 1798, for a new and useful improvement in manufacturing combs, may be extended for a longer time, for reasons stated therein at large; and the petition was read, and ordered to lie on the table.

NAYS-Messrs. Anderson, Bibb, Brent, Campbell of Ohio, Campbell of Tennessee, Condit, Crawford, Franklin, Gaillard, Giles, Lambert, Pope, Tait, Taylor, Tur'ner, and Worthington,

THURSDAY, December 12.

The Senate resumed, as in Committee of the Whole, the bill for the relief of Robert Fulton and his associates; and, after debate, the further consideration thereof was postponed until to-morrow.

FRIDAY, December 13.

The Senate resumed, as in Committee of the Whole, the bill for the relief of Robert Fulton, and his associates; and, on motion, by Mr. BAYARD, to postpone the consideration thereof to Monday fortnight, it was determined in the negative. And on motion, by Mr. GILES, it was recommit-ted to a select committee, to consist of five members, with instructions to revise the patent laws, with liberty to report thereon by bill, bills, or otherwise; and Messrs. GILES, BAYARD, CRAWFORD, CAMPBELL of Tennessee, and ANDERSON, were appointed the committee.

The Senate resumed, as in Committee of the Whole, the bill for completing the existing Military Establishment; and, after progress, adjourned.

SATURDAY, December 14.

The Senate resumed, as in Committee of the Whole, the bill for completing the existing Military Establishment; and the bill having been amended, the President reported it to the House accordingly; and the bill was further amended.

On the question, Shall this bill be. engrossed and read a third time as amended? it was determined in the affirmative.

The Senate resumed, as in Committee of the Whole, the bill to raise, for a limited time an additional military force; and, after progress, adjourned.

MONDAY, December 16.

Mr. WORTHINGTON, from the committee appointed on the subject, reported a bill authorizing the President of the United States to raise certain companies of spies or rangers for the protection of the frontier of the United States; and the bill was read, and passed to the second reading.

The bill, entitled "An act to authorize the laying out and opening a public road from the line established by the treaty of Greenville to the North Bend, in the State of Ohio," was read the second time, and referred to a select committee, to con-lishment correctly engrossed, and the bill was

sider and report thereon; and Messrs. CAMPBELL,
of Ohio, GREGG, and POPE, were appointed the
committee.

Mr. GILMAN, from the committee, reported the bill for completing the existing Military Estab

read the third time; and the blanks filled. On motion, by Mr. ANDERSON, to recommit the bill to a select committee, further to consider

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DECEMBER, 1811.

Additional Military Force.

SENATE.

and report thereon, it was determined in the ne-ents granted to Robert Fulton; which was read gative.

On the question, Shall this bill pass? it was determined unanimously in the affirmative, yeas 28, as follows:

١٠

Messrs. Anderson, Bibb, Brent, Campbell of Ohio,
Campbell of Tennessee, Condit, Crawford, Cutts, Dana,

Franklin, Gaillard, German, Giles, Gilman, Goodrich,
Gregg, Lambert, Leib, Lloyd, Pope, Reed, Robinson,
Smith of Maryland, Smith of New York, Tait, Taylor,
Turner, and Varnum.

Mr. FRANKLIN presented the petition of Thomas Gordon, of Pasquotank county, in the State of North Carolina, in behalf of himself and John Shaw, praying a remission of the penalties incurred by them as securities in an embargo bond, for reasons stated therein at large; and the petition was read, and referred to a select committee, to consider and report thereon, by bill or other wise; and Messrs. FRANKLIN, TAYLOR, and CRAWFORD, were appointed the committee.

On motion of Mr. DANA,

Ordered, That the petition of Isaac Tryon, presented the 12th instant, be referred to the committee to whom was referred, the 26th November, the memorial of Robert R. Livingston, and Robert Fulton, to consider and report thereon by bill or otherwise.

MONDAY, December 17.

The bill authorizing the President of the United States to raise certain companies of spies or rangers, for the protection of the frontier of the United States, was read the second time.

[This bill provides, "that the President of the United States, whenever he shall have satisfactory evidence of the actual or threatened invasion of any State or Territory of the United States, by any Indian tribe, or tribes, be and he is hereby authorized to raise, either by the acceptance of volunteers, or enlistment for one year, unless sooner discharged, as many companies as he may deem necessary, who shall serve on foot, or be mounted, as the service in his opinion may require-shall act on the frontier as spies or rangers, be armed, equipped, and organized in such man

and passed to a second reading.

ADDITIONAL MILITARY FORCE.

The Senate resumed, as in Committee of the Whole, the bill to raise, for a limited time, an additional military force.

On motion, by Mr. REED, to strike out, from section 1, line 3, the word "ten," for the purpose of inserting in lieu thereof, the word "twenty," it was determined in the negative-yeas 2, nays 31, as follows:

YEAS-Messrs. Lambert and Reed.
NAYS-Messrs. Anderson, Bayard, Bibb, Bradley,
Campbell of Ohio, Campbell of Tennessee, Condit,
Crawford, Cutts, Dana, Franklin, Gaillard, German,
Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hun-
ter, Leib, Lloyd, Pope, Robinson, Smith of Maryland,
Smith of New York, Tait, Taylor, Turner, Varnum,
and Worthington.

On motion by Mr. BIBB, to expunge the last section of the bill, as follows:

"That every commissioned and staff officer, to be appointed in virtue of this act, shall be a citizen of the United States, or some one of the Territories thereof;" It was determined in the affirmative-yeas 19, nays 14, as follows:

YEAS-Messrs. Bayard, Bibb, Bradley, Campbell of Ohio, Campbell of Tennessee, Crawford, Cutts, German, Giles, Howell, Hunter, Leib, Pope, Robinson, Smith of New York, Taylor, Turner, Varnum, and Worthington.

NAYS-Messrs. Anderson, Condit, Dana, Franklin, Gaillard, Gilman, Goodrich, Gregg, Horsey, Lambert,

Lloyd, Reed, Smith, of Maryland, and Tait.

And the PRESIDENT reported the bill to the House as amended.

On motion of Mr. CAMPBELL, of Tennessee, to strike out from section twelve, line six, to the end of the section, as amended, the following words:

"And whenever any non-commissioned officer or soldier shall be discharged from the service, who shall have obtained from the commanding officer of his company, battalion, or regiment, a certificate that he had faithfully performed his duty while in service, he shall, moreover, be allowed and paid, in addition to the said And the heirs and representatives of those non-commissioned officers, or soldiers, who may be killed in action or die in the service of the United States, shall

ner, and be under such regulations and restric- bounty, three months' pay, and acres of land.

tions as the nature of the service in his opinion may make necessary." "Each of the said companies of spies or rangers to consist of one captain, one first, one second lieutenant, one ensign, four sergeants, four corporals, and sixty privates."] Mr. POPE submitted the following motion for consideration:

Resolved, That a committee be appointed to inquire into the expediency of making provision for the widows and representatives of the militia volunteers who fell in the late engagement with the Indians on the Wabash, under the command of Governor Harrison; and, also,

of making compensation for the horses and other prop

erty lost or destroyed; and that the committee have leave to report by bill or otherwise.

Mr. GILES, from the committee to whom the subject was recommitted the 13th inst., reported, in part, a bill extending the time of certain pat12th CON. 1st SESS.-2

likewise be paid and allowed the said additional bounty of three months' pay and

- acres of land, to be de

signated, surveyed, and laid off, at the public expense, in such manner, and upon such terms and conditions, as may be provided by law :"

For the purpose of inserting, in lieu thereof, the following words:

"And every non-commissioned officer and soldier who shall have faithfully performed his duty, served out his term of five years, and obtained his discharge from the proper officer, shall be entitled to, and receive, in addition to the said bounty, three months' pay and a land warrant for one hundred and sixty acres. And in case such non-commissioned officer or soldier shall have

been discharged previous to the expiration of the term of five years for which he was enlisted, having faith

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Additional Military Force.

fully performed his duty while in service, he shall be entitled to, and receive a land warrant for, a number of acres proportioned to the time he shall have actually served, allowing at the rate of one hundred and sixty acres for the full time of five years. And the legal representatives of every non-commissioned officer or soldier who shall be killed while in the line of his duty, or who shall, during the time for which he have been en

listed, die in actual service, or of wounds received in battle, or while in the line of his duty, shall be entitled to, and receive a land warrant for, the full quantity of acres to which the said deceased would have been en

titled had he lived and served out his full term of five years; which said land warrants shall be issued by the Secretary of War, in the names and for the use only of the persons who performed the services, or their legal representatives, and shall not be transferable to any other person or persons; and may, at their option, be located with the register of either of the land offices of the United States, subsequent to the public sales in such office, on any of the public lands of the United States then and there offered for sale; or may be received at the rate of two dollars per acre in payment of any such public lands:"

And it was determined in the negative-yeas 10, nays 23, as follows:

YEAS-Messrs. Anderson, Campbell of Ohio, Campbell of Tennessee, Franklin, Gregg, Hunter, Lambert, Leib, Lloyd, and Worthington.

NAYS-Messrs. Bayard, Bibb, Bradley, Brent, Crawford, Cutts, Dana, Gaillard, German, Giles, Gilman, Goodrich, Horsey, Howell, Pope, Reed, Robinson, Smith of Maryland, Smith of New York, Tait, Taylor, Turner, and Varnum.

And the bill was further amended. On motion, by Mr. ANDERSON, to strike out the word "ten," section one, line three

Mr. GILES rose, and submitted, in substance, the following observations:

Mr. GILES said, he found himself in a very unprepared state, called upon to oppose a very unexpected motion. The object of the mover had been very precisely expressed; but he had mentioned the number of twelve thousand infantry as preferable to twenty thousand, about the number provided for by the bill. Mr. G. said it was also understood, that a force of ten thousand men of every description would more correspond with the Executive views, and fully answer the Executive requisition. This, he believed, was the fact, and should so consider it in the course of the observations he proposed to make. Notwithstanding this circumstance, however, considering the late occurrences on our Western frontiers, and the feelings of the Western people justly excited thereby, &c., he acknowledged that the motion had come from the most unexpected quarter of the Union, and from a gentleman the most unexpected to him of all those who represent the western portion of the United States; because, from the long course of military services honorably rendered by that gentleman during the Revolutionary war, he must have become well acquainted with the absolute necessity of a due degree of momentum in military affairs.

SO

DECEMBER, 1811.

yet the motion furnished a most extensive scope for observation, because, if it should unfortunately succeed, it would essentially derange, as he conceived, the whole views of the committee who had reported the bill. He would, therefore, present to the Senate the most prominent and important considerations, which he presumed had operated on the committee, and had certainly on himself, to induce the recommendation of twentyfive thousand men, as the smallest possible quantum of force demanded by the crisis; and to demonstrate the advantages of a force at least to that extent, over that which seemed to be contemplated by the honorable mover, and still more over that which is said to consist with the Executive project.

In the consideration of this subject it is important to turn our attention to the objects for which a military force is demanded, to enable us the better to apportion the means to the objects intended to be effected. For this purpose he begged the most serious attention of the Senate to the President's Message at the commencement of the session.

"I must now add," observes the President "that the period is arrived which claims from the legislative guardians of the national rights a system of more ample provision for maintaining them. Notwithstanding the scrupulous justice, the protracted moderation, and the multiplied efforts on the part of the United States, to substitute for the accumulating dangers to the peace of the two countries, all the mutual advantages of reestablished friendship and confidence, we have seen that the British Cabinet perseveres, not only in withholding a remedy for other wrongs so long and so loudly calling for it, but in the execution, brought home to the threshold of our territory, of measures

which, under existing circumstances, have the char

acter, as well as the effect, of war on our lawful com

merce.

"With this evidence of hostile inflexibility, in trampling on rights which no independent nation can relinquish, Congress will feel the duty of putting the United States into an armor and an attitude demanded by the crisis, and corresponding with the national spirit and expectations.

"I recommend, accordingly, that adequate provision be made for filling the ranks and prolonging the enlistments of the regular troops; for an auxiliary force, to be engaged for a more limited term; for the acceptance of volunteer corps, whose patriotic ardor may court a participation in urgent services; for detachments, as they may be wanted, of other portions of the militia, and for such a preparation of the great body as will proportion its usefulness to its intrinsic capacity."

Here we find, in the first place, the most solemn and imperious call upon Congress, in the character of the legislative guardians of the national rights, for a system of more ample provisions for maintaining them." The President then very properly and emphatically proceeds to tell us why he makes this solemn call upon the legislative guardians of the nation at this time. He tells us in substance, that notwithstanding "the scrupulous justice, the protracted moderation, and multiplied efforts on the part of the United States,"

Mr. G. said he did not propose to go into a full exposition of our foreign relations at this time; I to induce Great Britain to recede from her hostile

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tions.

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aggressions upon their essential sovereign rights, to the verdict of the national spirit and expectaso far from yielding to these polite and pathetic invitations, she had increased her aggressions, ions, and had adopted "measures, which, under existing circumstances, have the character, as well as the effect, of war upon our lawful commerce;" and that these measures are, in their execution "brought home to the threshold of our territory." Could the President have chosen language more emphatic to show the imperious character of the call made upon Congress to furnish him with the adequate physical means to retrieve the honor and redress the wrongs of the nation? Lest there might be some possible mistake on the part of communication, and their own reflections upon

Congress, he tells us explicitly, that the aggressions of Great Britain have the character as well as the effect of war upon our lawful commerce, and that this war is brought home to the threshold of our territory.

But it is now said, or intimated in substance, that this official responsible standard is only ostensible, and that the true standard for estimating the quantum of force demanded, must be derived from the decrepit state of the Treasury and the financial fame of the gentleman at the head of that department. This subject will require a distinct consideration; but, in the meantime, it is sufficient to say, that the cominittee unanimously refused to be influenced by any considerations, but those resulting from the official responsible the state of the nation as disclosed thereby. They unanimously rejected informal, inofficial communications.

It will be observed, too, in the Message, the President, in his more specific recommendations,

But, sir, the President does not stop here. He after designating the kinds of force suited to the tells us that notwithstanding our protracted mod- occasion, leaves the quantum of each to be judged eration, &c., &c., Great Britain, with hostile in- of and decided by Congress, where the responsiflexibility, perseveres in trampling on essential bility did and ought to rest; and he was unwillsovereign rights; rights at least, "which no inde-ing, by receding from his Constitutional duty, to

pendent nation can relinquish." Here then, it is
evident, the President conceives, that our inde-
pendence as a nation is brought into question,
and put at hazard. Can any subject present a
more awful and imperious call upon Congress to that last resort; and that although the war would
exert and apply the whole energies of the nation, be undertaken upon principles strictly defensive,
than a question of independence? The plain En-yet, in its operation, it must necessarily become
glish of all this communication, he understood offensive on our part; and that Congress was to
to be, that all the inefficient measures, which have determine exclusively upon the adequacy of the

revert this responsibility upon the Executive.
It thus appearing, said Mr. G., that the force
demanded was for the purposes of war, if unfor-
tunately we should be driven by Great Britain to

been adopted in relation to the belligerents for three years past, had not answered the expectations of their projectors; but, instead of the expected recession, had produced, on the part of Great Britain at least, inflexible hostility. This was a very natural result, and one which he had always anticipated, as was well known to this honorable body. But the Administration, having learnt wisdom by these feeble expe experiments, had

now determined to change its course, and for the purpose of rendering this hostility more flexible, had at length resolved, instead of commercial restrictions, to try the effect of physical force. An adequate force is therefore demanded by the Executive, and the adequacy of the force is very properly referred to Congress, where the responsibility is placed by the Constitution, where it ought to rest; and, for one, he was willing to take his full share of it. But, sir, the President goes on further. After designating the objects, he points out the standard for ascertaining the adequacy of the force demanded for their effectuation. In his official responsible Message, he tells us that "Congress will feel the duty duty of putting the United States into an armor and an attitude demanded by the crisis, and corresponding with the national spitit and expectations." The standard here pointed out for calculating the quantum of force to be supplied is the crisis," which had been previously described in the most solemn and imposing terms,

means for conducting it; he would now proceed to inquire more particularly, first, whether the committee had recommended a force more than adequate to the purposes of the war; and second, whether it was within the capacity of the United States to supply the force thus recommended.

Mr. G. said, that in estimating the quantum of force demanded by the existing crisis, it appeared to him, gentlemen had not given sufficient consideration to the attitude assumed by the United States in relation to the Floridas-to the extension of our Southern and Western frontiers-to the late hostile acts and threatenings in that quarternor to the importance of Orleans, its exposed position and defenceless situation. These circumstances, however, entered deeply into the consideration of the committee, had induced it to conclude that the whole Military Establishment now authorized by law, if completed, would not be more than sufficient, perhaps insufficient, to answer the necessary objects of the Government in the scenes just described. It was, therefore, intended that the whole of that force should be left free to act therein, according to circumstances,

and that the additional force now recommended should act exclusively in the northern and eastern portion of the Union. This force no gentleman will pretend can be too great for our objects in that quarter, in the event of war unaided by the existing establishment. Hence it was a matter

and "the national spirit and expectations." Whe- of great surprise to him that the Western gentlether the committee had reported too great a force men should wish to dininish the number of men for subduing the crisis, he was willing to submit now proposed to be raised; because he believed

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Additional Military Force.

that every man deducted from the proposed force, would take one from the force intended by the committee to protect our Southern and Western frontiers. These gentlemen, he presumed, must be better judges than himself, how many of these men they can generously spare from their own protection; but, for his part, he thought there was not one to spare from these objects, and the committee were willing to give the whole of them that destination.

:

With respect to the protection of New Orleans,

DECEMBER, 1811.

and important position, that 1,000 would not answer, with the precarious and accidental aid of the local militia; that 2,000 ought to be calculated on for that service; and if, with the aid of the local militia, they could protect New York against the force Great Britain might detach against that city, they would perform their full share of the toils and perils of the war. Two thousand men, completely furnished with all the means of annoyance, possessed of all the skill that military science could afford, and impelled by all the sub

he knew it was the expectation of the late Ad-ordination and management that military disci

ministration, that in the event of war, Great Britain would possess herself of that city; and it was not their intention to incur the expense of being constantly prepared to repel the first incursions of the enemy-he did not know the intention of the present Administration in that respect, but presumed it was acting on the same policy. In case the British should take possession of Orleans, the Western people must necessarily be called upon to drive them out, and he doubted very much whether it would be either a very acceptable occupation or a very easy task. He had always disapproved of this policy, and in the event of war, he thought it wise, not only to be prepared for defence at all points, but to give the first blow. He believed, in the end, it would be found not only the wisest, but the most economical policy, both in blood and treasure.

pline could impose, with the aid of the local militia also, would deserve well of their country if they should preserve New York from the grasp of Great Britain, in case she should think proper to direct the force she might have at command against that city. Then why send one thousand on a service, when we know that two thousand are necessary, and perhaps incompetent? Is it because the United States have not the capacity to send 2,000? That question shall be examined presently. The same observations will apply to the protection of Rhode Island, where 2,000 more will be necessary; and 1,000 will be as few as can possibly be detached for the other fortifications. Admitting then 5,000 men to be necessary to man the various fortifications on the seaboard, and supposing every man to be raised, as proposed in the bill, there will be a disposable force of only 20,000 men for the occupation of Canada. But upon the Executive project there would be left for that service only 5,000 men; unless indeed the Western and Southern frontiers should be left unprotected, or the fortifications on the seaboard should be only half manned, and of course left to the sport of the enemy. Mr. G. said he apprehended that, in the first onset of the war, Great Britain would direct her force to the occupation tions on the seaboard, from Norfolk to the extrem- possess herself of those two points, he would venities of our territory, North and East, and to oc-ture to predict that the Administration which

Having presented to the Senate the objects to which the existing Military Establishment ought to be assigned, according to the views of the committee, he would proceed to inquire, whether the additional force recommended would be more than competent to the objects to which it must necessarily be assigned, and which ought unquestionably to be effected by it. In case of war, an event he deprecated as much as any gentleman present, the new army would have to man your fortifica- of New York and New Orleans; and if she should

cupy Canada. These are the contemplated and indispensable objects of this army, in the estimation of the Executive and the honorable mover, as well as of the committee. The question will, therefore, turn upon the accuracy and correctness of their respective calculations as to the quantum of force necessary to effect these objects.

Mr. G. said he had a conversation with the Secretary for the Department of War, in his character of chairman of the Committee of Foreign Relations, in which the Secretary did endeavor to demonstrate to him, that a smaller number of men than 25,000 would answer these objects; but so far from producing this conviction, it satisfied him that the number was too small. He thought that every inference drawn by the honorable Secretary ought to have been inverted, For instance, he was asked, how many men were indispensably necessary to man the fortifications at New York? The honorable Secretary replied 2,000; but he intended to make 1.000 answer, and would rely for the rest of the complement on the local militia. Now, Mr. G. said, he inferred, if 2,000 men were necessary for that most exposed

commenced the war would not finish it; especially under a system of policy, which would only furnish one half of the means deemed necessary for their protection-yes, sir, known to be inadequate at the time of applying it. What apology could be made to an injured nation under such circumstances? We knew 2,000 men to be necessary for the defence of New York; but we sagely determined to apply 1,000 only to that object, for fear of incurring the expense of the requisite number. This would be self-condemnation. The people would lose all confidence in such calculators, and would certainly make the experiment of a change. Under such circumstances, Mr. G. said he would be the first to cry out for a change of Administration, for it would not be possible to lose by it. Defend New York with all the judgment and skill you can command; fill the fortifications with the full complement of troops amply provided, call in the local militia, &e., and he should not be surprised if the British should get possession of that city. But then there would be no blame on the Administration; all its duties will have been performed; and the result would

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