FEBRUARY, 1817. Notification of Election. SENATE. The Senate resumed the consideration of the this day of February, one thousand eight hunreport of the Committee of Claims, to whom was dred and seventeen." referred the petition of Samuel Brown. Whereupon, Resolved, That the petitioner have leave to withdraw his petition. And that the President of the Senate, do cause the certificate aforesaid to be laid before the President of the United States, with this resolu tion. The Senate resumed the consideration of the The Senate resumed, as in Committee of the bill, entitled, “An act to amend the act authori- Whole, the consideration of the bill respecting zing the payment for property lost, captured, or persons escaping from the service of their mas destroyed by the enemy, while in the military ters, together with the amendments proposed service of the United States, and for other pur-thereto; and Mr. VARNUM was requested to take poses,' passed the 9th of April, 1816," as amended, the Chair. And after progress, on motion, the and on motion by Mr. DAGGETT, the consideration Senate adjourned. thereof was further postponed to, and made the order of the day for to-morrow. Mr. BARBOUR Submitted the following motion, which was read, and considered: Resolved, That the Journal of the Proceedings of the Senate on yesterday, so far as they are connected with the service of counting the ballots for President and Vice President of the United States, be made up in conformity to the precedents heretofore established in similar cases. FRIDAY, February 14. Mr. FROMENTIN submitted the report of the Surveyor of the Public Buildings, and documents in relation to the Capitol and President's House; and the report and documents were read, and referred to the Committee on the District of Columbia, to consider and report thereon by bill or otherwise. And, on the question to agree thereto, it was The PRESIDENT communicated the credentials determined in the affirmative-yeas 20, nays 16, of NICHOLAS VANDYKE, appointed a Senator by as follows: the Legislature of the State of Delaware, for the YEAS-Messrs. Ashmun, Barbour, Brown, Camp-term of four years, commencing on the fourth bell, Daggett, Gaillard, Hardin, Horsey, Howell, day of March next; which were read, and laid Hunter, King, Mason of New Hampshire, Mason of on file. Virginia, Morrow, Roberts, Stokes, Talbot, Troup, Williams, and Wilson. NAYS-Messrs. Chace, Condit, Dana, Fromentin, NOTIFICATION OF ELECTION. of his election to the office of President of the Uni- The PRESIDENT also communicated a report of the Secretary of Treasury, containing a statement of lands sold in the States of Ohio and Indiana, and in the Territories of Illinois and Mississippi, from the 1st of October, 1815, to the 30th of September, 1816; showing, also, the amount of receipts from individuals, and payments made by receivers during the same time, with the bal1st of October, 1816; and the report was read. ance due both on the 1st of October, 1815, and the Postmaster General, containing a list of conThe PRESIDENT also communicated a report of tracts made in the year 1816; which was read. Mr. FROMENTIN submitted the following motion: That the Journals be so amended as to include the statement of the proceedings relating to the election of President and Vice President of the United States, on Wednesday, the 12th instant, as read by the SecRep-retary of the Senate, on Thursday, the 13th instant, prior to the motion made by an honorable gentleman from Virginia, to amend the Journal so as to make it conformable to former precedents on a similar occasion. On motion by Mr. DAGGETT, "Be it known, That the Senate and House of resentatives of the United States of America, being convened at the City of Washington, on the second Wednesday in February, in the year of our Lord, one thousand eight hundred and seventeen, the underwritten, President of the Senate pro tempore, did, in presence of the said Senate and House of Representatives, open all the certificates and count all the votes of the Electors for President and Vice President of the United States; whereupon it appeared that James Monroe, of Virginia, had a majority of the votes of the Electors as President, and Daniel D. Tompkins, of New York, had a majority of the votes of the Elec-dent of the United States. tors as Vice President. By all which it appears that James Monroe, of Virginia, has been duly elected President, and Daniel D. Tompkins, of New York, has been duly elected Vice President of the United States, agreeably to the Constitution. "In witness whereof, I have hereunto set my hand, Resolved, That said motion be referred to a select committee, with instructions to revise and correct the Journal of the proceedings of the Senate, of the 12th instant, so far as respects the counting the votes for President and Vice Presi Ordered, That Messrs. DANA, BARBOUR, and DAGGETT, be the committee. Mr. SMITH presented the memorial of Wade Hampton, late a Major General in the Army of the United States, praying that provision may be made by law for his reimbursement and indem nification in the result of a suit instituted agains' him by a certain James McConnel, for false imprisonment; having been arrested and tried by a general court martial, under suspicious circumstances, by order of the memorialist, while he commanded on the line between the United States and Canada; and the memorial was read. and referred to the Committee on Military Affairs, to consider and report thereon by bill or otherwise. Mr. ROBERTS, from the Committee of Claims, to whom was referred the petition of Denis de la Rondi, made a report, together with the following resolution: Resolved, That the petitioner have leave to withdraw his petition. Mr. ROBERTS, from the Committee of Claims, to whom was referred the bill entitled "An act for the relief of Park Holland," reported it without amendment. Agreeably to notice, Mr. BROWN asked and obtained leave to bring in a bill authorizing vessels departing from the town of Bayou St. John John and basin of the Canal de Carondelet, for foreign ports, to clear out at the custom-house in the city of New Orleans; and the bill was read, and passed to the second reading. Mr. ROBERTS presented the petition of Frederick Folley, praying indemnity for certain losses sustained by him, as stated in the petition; which was read, and referred to the Committee of Claims, to consider and report thereon by bill or otherwise. The Senate resumed the consideration of the report of the Committee of Claims, to whom was referred the petition of Andrew J. Villard. Whereupon, Resolved, That the petitioner have leave to withdraw his petition. The Senate resumed the consideration of the report of the Committee of Claims, to whom was referred the petition of Simon Sarazin and I. B. Aubert, of Baton Rouge, in the State of Louisiana; and in conformity thereto, the petitioners had leave to withdraw their papers. The Senate resumed the consideration of the bill, entitled "An act to amend the act, authorizing the payment for property lost, captured, or destroyed by the enemy, while in the military service of the United States, and for other purposes, passed the 9th of April, 1816," as amended; and the question recurring on the motion by Mr. LACOCK, to reconsider the vote on the motion to strike out the first section of the bill, it was determined in the affirmative-yeas 19, nays 18, as follows: YEAS-Messrs. Ashmun, Barbour, Brown, Chace, Daggett, Dana, Fromentin, Hardin, Horsey, Howell, Hunter, King, Mason of Virginia, Noble, Ruggles, Talbot, Tichenor, Wells, and Williams. NAYS-Messrs. Campbell, Condit, Gaillard, Hanson, Lacock, Macon, Mason of New Hampshire, Morrow, Roberts, Sanford, Smith, Stokes, Tait, Taylor, Thompson, Troup, Varnum, and Wilson. So it was agreed to reconsider the vote on the motion to strike out the first section of the bill. FEBRUARY, 1817. Whereupon Mr. DAGGETT renewed the motion to strike out the first section of the bill; and it was determined in the affirmative-yeas 20, nays 17, as follows: YEAS-Messrs. Ashmun, Barbour, Brown, Chace, Daggett, Dana, Fromentin, Hanson, Hardin, Horsey, Howell, Hunter, King, Mason of Virginia, Noble, Ruggles, Talbot, Tichenor, Wells, and Williams. NAYS-Messrs. Campbell, Condit, Gaillard, Lacock, Macon, Mason of New Hampshire, Morrow, Roberts, Sanford, Smith, Stokes, Tait, Taylor, Thompson, Troup, Varnum, and Wilson. On motion, by Mr. DAGGETT, the bill was referred to a select committee, with instructions to conform the bill to the amendment made by striking out the first section, so as to retain the amendments already made by the Senate, not inconsistent with the above instruction. Messrs. DAGGETT, ROBERTS, and BARBOUR were appointed the committee. ROADS AND CANALS. Mr. LACOCK, from the committee appointed on United States as relates to roads and canals, so much of the Message of the President of the made a report in part; and the report was read; when Mr. L., from the same committee, to whom was referred the bill entitled "An act to set apart and pledge as a permanent fund for internal improvements the bonus of the United States Bank, and the United States share of its dividends." reported it without amendment. The report is as follows: That, on the general utility and national importance of roads and canals, little remains to be added to the stock of information now in possession of the Senate, and to be found in the several reports made on that addition, that the present period appears to them pesubject. The committee, however, would observe, in culiarly propitious, and strongly invites to the commencement and prosecution of such a system of public improvement. To the pleasing prospect of peace abroad, we enjoy mutual confidence and tranquillity at home; our resources are abundant; our public revenues ample; our citizens at all times evincing a willingness to make every sacrifice for the public good, and on whom perfect reliance may be placed, more especially when the contributions required most, when obtained and judiciously applied, promote their own interest, and add, in an eminent degree, to the wealth, comfort, and safety of the nation; and it appears to your committee, that the experience dearly purchased in the late war should not be regarded with indifference. Much of the money expended in the necessary defence of the seaboard, as well as the lives of many had a good inland water communication been made valuable citizens, would have been saved to the nation, armies, with all the munitions of war, to the most vulThe transportation of our nerable points, would have been facilitated, and the advantages of the enemy, arising from the celerity of his movements by water, greatly diminished. More. in the East and North, could have been transported over, the products of the West and South, consumed secure from the common hazards of a sea voyage, and in defiance of blockading squadrons; and thus the inhabitants of the United States, dispersed over a vast territory, embracing various climates, suitable to the on our Atlantic frontier. FEBRUARY, 1817. Proceedings. SENATE. production of all the necessaries and many of the lux-tary of the Treasury, will incur an expense little exaries of life, might, even in a state of war, rely with ceeding $3,000,000-less, it is believed, than $200 per comfort and security on their own internal resources. mile, taking the whole distance of this water commuTo these advantages, that refer themselves more es-nication. pecially to a state of war, must be added those, if possible, of a more imperative character, that will at all times arise to the nation from an improved state of her roads and inland navigation. The people of these United States are spread over an extensive territory, and that dispersion of inhabitants is keeping full pace with the increase of population; and by the people thus dispersed, of different habits and pursuits, and in many instances with discordant views, is the national sovereignty exercised, and its fundamental powers directed; for, politically speaking, there is in the United States but one order or grade known-that of the people: and hence arises the imperious necessity in a Government thus constituted of tying together the whole community by the strongest ligatures. This your committee believe can be best effected by the construction of roads and canals; by these means, commercial and social intercourse will be made easy; industry in all its branches encouraged, by the increased rewards bestowed on every exertion; the love of country will be awakened, and a laudable spirit of national pride substituted in place of sectional jealousies; a community of interest and feeling will produce mutual confidence and affection; thus, being one people, the nation can have but one object in view -the continuance and preservation of a Government founded in equity and justice, administered for the advantage of all, and calculated, in the calm of peace, to call forth talents and industry for the acquisition of property, and in war the surest guarantee for its security and protection. With these general observations on the national importance of internal improvements, your committee will endeavor to lay before the Senate a general out. line of such public works, embracing the United States generally, and consulting, as far as practicable, the interest of each section of the Union, and which they conceive, in a further improved state of our national industry, may be completed without embarrassment to the operations of the Treasury, or imposing additional burdens on the people. On the subject of national roads, the first that presents itself, and of primary importance, is a turnpike from Maine to Louisiana, passing through the Seat of the National Government and the principal cities and towns on this route; secondly, roads to connect the highest navigable points on the Atlantic rivers with such points on the corresponding streams that fall into the northern and western lakes, and the Mississippi river and its branches; and, lastly, such military or other roads as may serve to connect the scattered settlements in our States or Territories with the more compact population of the interior, and thereby secure the frontier settlements, in a great measure, from tile annoyance, and enhance the value of the public lands, by inducing a more dense population. 2. A canal from the Hudson or North river to Lake Erie, and from that lake to some of the many navigable waters of the Ohio river, which approach within a . few miles of its margin, or intermix with its navigable waters. 3. The improvement of the navigation of the Ohio river, more particularly the Falls at Louisville. 4. The improvement of the several Atlantic rivers, and the corresponding streams that empty into the Mississippi and Ohio rivers. MONDAY, February 17. Postmaster General of the clerks employed in The PRESIDENT communicated a report of the the General Post Office, and the amount of salaries paid them for the year 1816; and the report was read. Mr. DAGGETT, from the committee to whom was referred the bill from the House of Representatives entitled "An act to amend the act authorizing the payment for property lost, captured, or destroyed by the enemy, while in the military service of the United States, and for other purposes,' passed the 9th day of April, 1816," reported the same with amendments; which were read. following motion for consideration: Resolved, That the Committee of Finance be instructed to inquire into the expediency of authorizing the Secretary of the Treasury, in behalf and for the erected suitable buildings for custom-houses and pubuse of the United States, to purchase or cause to be lic warehouses in such principal district in each State where the said Secretary shall deem the same necessary, for the safe and convenient collection of the rev enue of the United States. On motion, by Mr. HANSON, referred the petition of the President and Directors of the Bank of the Metropolis, the petition of the President and Directors of the Patriotic Bank of Washington, and the petition of the President and Directors and Company of the Central Bank of Georgetown and Washington, respectively, praying charters of incorporation, be discharged from the further consideration thereof, and that they be severally referred to a select committee, to consider and report thereon; "That the Committee of Finance, to whom were It was determined in the negative. Whereupon, Mr. MASON, of New Hampshire, hos-submitted the following motions for consideration: The other branch of this system of public improvements, and equal, if not superior, in importance, is the construction of canals, and the improvement of the navigation of our rivers. 1. An inland or shore navigation, from the harbor of Boston to the river St. Mary's, in Georgia. To connect these points, it is ascertained that not more than one hundred miles will need the aid of canals; and, from an estimate made by Mr. Gallatin, when Secre Resolved, That the Committee of Finance be instructed to report to the Senate a bill providing for the establishment of a bank within the City of Washington, with a capital equal to the sums which, by a certain time to be specified, shall be subscribed and actually paid. To be not less than one million, nor more than three millions of dollars. Two-thirds of which may be paid in the funded debt of the United States, and the other third in specie; and giving to the several banking associations now existing within the District of Columbia, the prior right of subscribing SENATE. Fugitive Slaves-Military Peace Establishment. for so much of said capital as shall be equal to the joint stock of such associations respectively. Resolved, further, That the said Committee report a bill prohibiting, after a certain time, to be therein named, under suitable penalties, the making and issuing, by any unauthorized association or individual within said District, notes or bills, with intent to cause the same to be circulated and received in payment, in like manner as the notes and bills of incorporated banks usually are circulated and received in payment. The Senate resumed the consideration of the report of the Committee of Claims, to whom was referred the petition of Denis de la Rondi; and, in concurrence therewith, the petitioner had leave to withdraw his petition. The bill authorizing vessels departing from the town of Bayou St. John and basin of the Canal de Carondelet, for foreign ports, to clear out at the custom-house in the city of New Orleans, was read the second time. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act making appropriation for the support of Government for the year 1817," also a bill, entitled "An act relating to the ransom of American captives of the late war;" in which bills they request the concurrence of the Senate. They have passed the bill, entitled "An act authorizing the sale of certain ground belonging to the United States, in the City of Washington," with amendments; in which they request the concurrence of the Senate. The Senate proceded to consider the amend ments of the House of Representatives to the bill last mentioned, and concurred therein. The two bills last brought up for consideration were read, and passed to a second reading. The Senate resumed, as in Committee of the Whole, the consideration of the bill respecting the transportation of persons of color for sale, or to be held to labor, and the bill having been amended, the PRESIDENT reported it to the House accordingly: And the amendments having been concurred in, the bill was ordered to be engrossed, and read a third time. FUGITIVE SLAVES. The Senate resumed, as in Committee of the Whole, the consideration of the bill respecting persons escaping from the service of their mas ters, together with the amendments proposed thereto. Mr. VARNUM was requested to take the Chair. On motion, that the further consideration,thereof be postponed until the fifth day of March next, it was determined in the negative-yeas 15, nays 19, as follows: YEAS-Messrs. Barbour, Brown, Campbell, Condit, Dana, Fromentin, Gaillard, Hardin, Macon, Mason of Virginia, Smith, Talbot, Tait, Troup, and Williams. NAYS-Messrs. Ashmun, Daggett, Goldsborough, Hanson, Horsey, Howell, Hunter, Mason of New Hampshire, Morrow, Noble, Roberts, Ruggles, Sanford, Taylor, Thompson, Tichenor, Varnum, Wells, and Wilson. The bill having been amended, the PRESIDENT FEBRUARY, 1817. resumed the Chair, and it was reported to the House accordingly. On the question to concur in the following amendment, made as in Committee of the Whole, to wit: Insert a new section as follows: And be it further enacted, That it shall and may be lawful for any constable, or any public officer, or any resident private citizen, and they or either of them are hereby authorized and empowered, to seize or arrest any such negro or negroes, mulatto or mulattoes, or other person or persons of color, and take him, her, or them, before any one of the judges or magistrates aforesaid, and upon oath being made by such constable, officer, or resident private citizen, that he hath just and reasonable grounds to believe that such negro, &c., as the case may be, hath escaped from his, her, or their owner or owners in some other of the United States or Territories, it shall then be the duty of the judge or magistrate aforesaid, and they, and each of them, are hereby required, to commit such negro or negroes, mulatto, or other person or persons of color, to the public jail of the district or county where he, she, or they shall be found and apprehended, for the months, unless the owner or owners space of to; and it shall be the duty of the keeper of any jail shall in a shorter time prove a right of property thereto which such fugitives shall be committed, to give public notice thereof in some public newspaper for the weeks; describing particularly the fugitive or fugitives so committed. space of It was determined in the negative-yeas 15, nays 18, as follows: borough, Hardin, Macon, Mason of Virginia, Ruggles, YEAS-Messrs. Barbour, Fromentin, Gaillard, GoldsSmith, Stokes, Tait, Talbot, Taylor, Troup, and Wil liams. NAYS-Messrs. Ashmun, Brown Daggett, Horsey, Howell, Hunter, King, Lacock, Mason of New Hampshire, Morrow, Noble, Roberts, Sanford, Thompson, Tichenor, Varnum, Wells, and Wilson. And the amendments made as in Committee of the Whole having been concurred in, in part, on the question, "Shall this bill be engrossed, and read a third time ?" on motion by Mr. TALBOT, it was agreed to take the question by yeas and nays. On motion by Mr. SMITH, the further consideration of the bill was postponed until to-morrow. MILITARY PEACE ESTABLISHMENT. Mr. MASON, of New Hampshire, submitted the following motion for consideration: Resolved, That the Committee on Military Affairs be instructed to report to the Senate a bill to reduce the Military Peace Establishment of the United States, to the number of five thousand men, to consist of such proportions of artillery, infantry, and riflemen, as the President of the United States shall deem proper, retaining the corps of engineers as at present established. Mr. MASON said, that being convinced by a deliberate examination of the subject that the present Military Peace Establishment of ten thousand men was greater than the circumstances of the country required, he deemed it his duty to submit this resolution to the consideration of the Senate. That he had delayed doing it earlier in the session, through an expectation that a similar proposition, presented to the House of Representatives, would have been acted on by that body. But as the House of Representatives had, without discussing the merits of that proposition, passed an appropriation bill for the expenses of the military service of the present year, it seemed proper that the Senate, before they agreed to that bill, should determine whether those expenses could not, consistently with the public interest, be lessened, by reducing the Military Establishment. He admitted that protection from insult and violence being one of the chief objects of political society, it was the duty of all Governments to provide sufficient means for such protection; and that our Government, as well as all others, ought to have a military force sufficiently powerful to insure the safety of the country, But (he said) it is not necessary for the safety of the country, nor consistent with the principles of our system of Government, that this force should, in times of peace, consist principally of a standing army. A free Government, established by general consent, and maintained for the general welfare, will always find a sufficient resource against domestic violence in the affections and good will of its citizens. It is for defence against foreign enemies alone that this Government can ever need a standing army. That standing armies, in free Governments, maintained in times of peace, are dangerous to the rights and liberties of the people, has been the doctrine of the wisest and best statesmen as long as free Governments have existed. Such is the jealousy of the people of Great Britain on this subject, that the maintaining of their army is never authorized by law for a longer period than one year. An act of Parliament is annually passed for the continuance of the army during the year, and fixing its numbers. Thus each branch of the Legislature always retains the power of reducing or wholly annihilating the army at pleasure. In a country where the public defence is entirely intrusted to a regular army, it will never be held necessary that the mass of the people should be accustomed to the use of arms; and where the use of arms is confined to those who make it their profession, it is sufficiently apparent that the unarmed people, however numerous, can make but feeble resistance, when the arms, which they supposed intended for their tection, are turned against them. " SENATE. At this time there may be no sufficient cause for apprehending immediate dangers of the kind alluded to, from the present army. Perhaps its comparatively small number, a just confidence in the character of its officers, and the temper of the times, afford at present satisfactory security. But unless the army be strictly confined to the number necessary for its only justifiable use, it can have no certain limitation. And the same arguments which may now be used to justify or excuse the increase of the establishment beyond its true limits, may hereafter be urged with equal success for a much greater increase. But the most important objection against the existing Military Establishment, is the great expense, which affords of itself a sufficient inducement for reducing the Army as low as the safety of the country will permit. In modern warfare, national wealth is essentially national strength. With a view, therefore, to public safety alone, whatever tends unnecessarily to the impoverishment of the public Treasury, should be cautiously avoided. The question then is, whether a standing army of ten thousand men is necessary at the present time for the safety of the country against foreign aggression ? No exemption from a state of war, the common calamity of nations, is claimed for our country. A nation, which should depend on its justice and moderation alone for protection, would be compelled to submit not only to degrading insults, but also in the end to surrender to foreign cupidity and ambition its essential rights. To insure the enjoyment of our rights, a military force sufficient for their defence is necessary. In time of war, this force, as is generally admitted, ought to consist to a considerable extent of a regular standing army. The size of the army must of course be determined by the circumstances of the war in which we may be engaged. The policy of maintaining a certain portion of a regular army, in time of peace likewise, is not questioned. It may not be easy to determine with exact precision what ought to be the extent of such a Peace Establishment. Our safest guide is our own past experience. Such is the difference in the circumstances of our country, and of the countries of Europe, that we can derive little instruction from their examples. They are surrounded by ambitious neighbors, against whose pro-enterprises they are obliged constantly to guard. Instead of training the people to the use of arms, and relying on them for protection, the Govern ments there not only depend on their armies for defence against foreign invasion, but also for retaining their own subjects in obedience. Separated as we are by a great distance from the nations, with whom we may expect collisions, we shall always have sufficient notice of any intended attacks to enable us to make the necessary preparations for defence. So strong was that jealousy in this country, at the period of our Revolution, that it is expressly asserted in the constitutions of many of the States, that standing armies are dangerous to the liberties of the people, and that they ought not to be kept up in time of peace. This principle, thus solemnly recognised, was not intended to be abolished, by granting to Congress the power to raise armies. The end for which that power was granted was the defence of the country in time of war, and for no other purpose can it be justly exercised. The only service we have for regular troops, in time of peace, is to defend the Western frontier, and preserve from decay and ruin our forti. |