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FEBRUARY, 1821.

thirty dollars a head, and for shooting deserters thirty dollars each; at least, that was the sum ordered by Colonel King to be paid to Sergeant Childress for shooting Neil Cameron, a deserter, who begged for his life, and that he might be tried by a court martial. And are the people of the United States to be taxed to keep up an army of such materials, which is crumbling away at the rate of about one-third annually? Of what use can such an army be to the country? If there were no other reason, this would be sufficient to justify a reduction of the army to the lowest point proposed. As these calculations are made from scanty materials, they may, in some instances, be above, and in some below, the truth.

Great as the disposition is to increase the body of the army, there is still a greater disposition to increase the head.

Military Peace Establishment.

SENATE.

martial law for the United States. As to the first, it is the duty of all Judge Advocates in the service of the United States, or who may be detailed to attend courts martial, to transmit all the documents, and papers, and proceedings, of the courts which they may respectively attend, to the War Department, where they are to be carefully filed and preserved, under the immediate care, I presume, of the Adjutant General, and where they are to remain as records. Surely, these papers and documents are not all to be recorded in a book; but, if they are, it can be done by a common clerk. As to compiling a system of martial law, I would not employ an officer with a permanent salary to perform such a service, even if we wanted it, but we do not; we have such a system reported to us within a few days, and laid upon our tables, chiefly copied from a former system, which was copied from one still earlier, adopted about the commencement of our Revolutionary war. A Judge Advocate General is altogether unnecessary. I will, therefore, move to strike out so much of the amendment as relates to this officer; and I hope and trust that in this solemn farce of reduction, we shall not create an officer whose services are not wanted, and whose duties no one can define.

The staff of the army, as established by Congress in 1815, was not satisfactory; and, in 1816, Congress created the offices of one Adjutant and Inspector General, one Adjutant General, one Inspector General, three Topographical Engineers, and one Quartermaster General. In 1818, a bill was introduced for reducing the staff of the army; and, under that imposing name, it passed on till its last stage, when it was discovered that it increased the staff, and its title was changed to a bill regulating the staff of the army. By this reduction of the staff, we gained one Surgeon General, with a salary of two thousand five hundred dollars; but, as he is allowed, notwithstanding his being a salary officer, thirty-six dollars per month for quarters, and thirteen dollars per month for fuel, by some rule I do not understand, his allowance amounts to three thousand and eighty-eight dollars a year. And now, sir, when we are about to reduce the army, we are called upon to create a new staff officer, to be called a Judge Advocatea bureau officer-a subordinate head of department, to be located at Washington, with a salary of two thousand dollars a year. We have now two Judge Advocates, one for the Northern, and one for the Southern division; who, for a long time past, have had nothing to do, that I can discover, but to draw their pay. They are not cessary to the service, and such must be the opinion of the Military Committee, for they have not provided for continuing them. But, if a judge advocate is not wanted where the troops are, how can he be wanted here? Is he to attend the courts martial that may take place at the Marine Barracks or Fort Warburton? Surely, he is not to be sent round to the different regiments located at separate and distant points, from the Niagara frontier to the Council Bluffs? When courts martial are detailed for the service, judge advocates may be detailed to attend the trials; and that will be done even if we have a Judge Advocate General here. The honorable chairman of the committee has been called upon to state, as far as the same may have come to his knowledge, what are to be the duties of this Judge Advocate General. He informs us that he is to keep a record of the proceedings of the courts martial to be held for the army, and to compile a system of

Mr. DICKERSON's motion was determined in the affirmative-yeas 21, nays 18, as follows:

YEAS-Messrs. Barbour, Chandler, Dana, Dicker

son, Gaillard, Holmes of Maine, Horsey, King of Alabama, Knight, Lanman, Macon, Noble, Palmer, Ruggles, Sanford, Smith, Southard, Tichenor, Van Dyke, Walker of Alabama, and Williams of Mississippi.

NAYS-Messrs. Eaton, Edwards, Elliott, Holmes of Mississippi, Hunter, Johnson of Kentucky, King of New York, Lowrie, Mills, Otis, Parrott, Roberts, Stokes, Taylor, Thomas, Trimble, Walker of Georgia, and Williams of Tennessee.

On motion, by Mr. SMITH, further to amend the said amendment, by striking out of section five, lines two and three, the words "Major General with two Aids-de-Camp, two Brigadier Generals each," and inserting Brigadier General; and also, by striking out of the third line, the words " Aidsne-de-Camp," and inserting Aid-de-Camp—a division of the question was called for, and the question was taken on striking out the words "Major General with two Aids-de-Camp ;" and it was determined in the negative-yeas 16, nays 24, as follows:

YEAS-Messrs. Barbour, Dana, Dickerson, Gaillard, King of Alabama, Knight, Lanman, Lowrie, Macon, Noble, Palmer, Ruggles, Smith, Southard, Tichenor, and Van Dyke.

NAYS-Messrs. Chandler, Eaton, Edwards, Elliott, Holmes of Maine, Holmes of Mississippi, Horsey, Hunter, Johnson of Kentucky, Johnson of Louisiana, King of New York, Mills, Otis, Parrott, Roberts, Sanford, Stokes, Talbot, Thomas, Trimble, Walker of Alabama, Walker of Georgia, Williams of Mississippi,

and Williams of Tennessee.

And the question being taken on the residue of the proposed amendment to the said amendment, it was also determined in the negative-yeas 9, nays 31, as follows:

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YEAS-Messrs. Barbour, Dana, Gaillard, Lowrie,
Macon, Noble, Palmer, Ruggles, and Smith.
NAYS-Messrs. Chandler, Dickerson, Eaton, Ed-
wards, Elliott, Holmes of Maine, Holmes of Mississippi,
Horsey, Hunter, Johnson of Kentuck Johnson of
Louisiana, King of Alabama, King of New York,
Knight, Lanman, Mills, Otis, Parrott, Roberts, San-
ford, Southard, Stokes, Talbot, Thomas, Tichenor,
Trimble, Van Dyke, Walker of Alabama, Walker of
Georgia, Williams of Mississippi, and Williams of
Tennessec.

And the said amendment having been further amended, it was agreed to, and the bill was reported to the House, amended accordingly; and the Senate adjourned.

WASHINGTON, Feb. 22, 1821. The Message and treaty were read, and referred to the Committee on Foreign Relations.

The following Message was also received from the PRESIDENT OF THE UNITED STATES: To the Senate of the United States :

Mr. ROBERTS presented the petition of the inhabitants of thirteen counties in the State of Pennsylvania, praying that such a reorganization of the circuit court of the United States in that State

FRIDAY, February 23.

The following Message was received from the may be made, as to the time and place of holding PRESIDENT OF THE UNITED STATES: To the Senate and House of

said court, as will conduce more to their convenience; and the petition was read, and laid on the table.

Representatives of the United States:

The Treaty of Amity, Settlement, and Limits, between the United States and Spain, signed on the 22d of February, 1819, having been ratified by the contracting parties, and the ratifications having been exchanged, it is herewith communicated to Congress, that such legislative measures may be taken as they shall judge proper for carrying the same into execuJAMES MONROE.

tion.

In compliance with a resolution of the Senate of the 16th instant, requesting "the President of the United States to cause to be laid before the Senate, the original

order for building the barracks at Sackett's Harbor, together with all communications between the War Department and Major General Brown relative thereto, and the amount of public moneys expended thereon," I now transmit a report from the Secretary of War, with the papers enclosed, which contain the information desired.

JAMES MONROE.

FEBRUARY, 1821.

act to regulate the collection of duties on imports and tonnage at the custom-house, and which they believe is erroneous; they are subjected to great inconvenience and frequent penalties; and praying that an act may be passed explanatory thereof, and that the penalties incurred may be remitted; and the memorial was read, and referred to the Committee on Finance.

WASHINGTON, Feb. 22, 1821. The Message and report were read. The PRESIDENT communicated a report of the Secretary of State, upon weights and measures, prepared in conformity with a resolution of the Senate of the 3d of March, 1817; and the report was read, and six hundred copies thereof ordered to be printed; five hundred of which shall be for the use of the Senate, and one hundred for the use of the Department of State.

The PRESIDENT communicated a letter from the Commissioner of the General Land Office, transmitting the reports of the land officers at Jackson Courthouse, on claims for land; and the letter and reports were read.

Mr. KING, of New York, presented the memorial of the merchants of the city of New York, representing that, by the construction given to the thirteenth section of the act supplementary to an

The credentials of SAMUEL L. SOUTHARD, appointed a Senator by the Legislature of the State of New Jersey for the term of six years, commencing on the fourth day of March next, were read,

and laid on file.

On motion by Mr. WALKER, of Alabama, the memorial of the convention that formed the constitution of Alabama, yesterday presented to the Senate, was referred to the Committee on Foreign Relations.

Mr. SANFORD gave notice that, to-morrow, he should ask leave to bring in a bill to revive and continue in force "An act fixing the compensations of the Secretary of the Senate and Clerk of the House of Representatives, of the clerks employed in their offices, and of the Librarian ;" approved April 18, 1818.

Mr. THOMAS, from the Committee on Public Lands, to whom was referred the memorial of the Mayor and Aldermen of the city of Mobile, made a report, accompanied by a bill granting to the corporation of the city of Mobile, in the State of Alabama, certain lots of ground in the said city; and the report and bill were read, and the bill passed to a second reading.

Mr. THOMAS, from the same committee, made an unfavorable report on the petition of Watson Brown.

Mr. TALBOT obtained leave to bring in a bill to provide for the due execution of the laws of the United States within the State of Missouri; which was read, and passed to a second reading.

Mr. BARBOUR Submitted the following motion for consideration:

Resolved, That the President of the United States be requested to cause to be laid before the Senate, at their next session, whatever information he may pos

sess in relation to the execution or violation of the

laws, entitled "An act concerning navigation," passed April 18th, 1818; and an act, entitled "An act supplementary to an act, entitled 'An act concerning navigation," passed May 15th, 1820; whether any, and if any what, additional measures be necessary to give full effect to the laws aforesaid.

The Senate proceeded to consider the amendment of the House of Representatives to the bill, entitled "An act for the relief of Samuel Tucker, late a captain in the Navy of the United States;" and concurred therein.

The bill from the House of Representatives, en

FEBRUARY, 1821.

titled "An act to fix and equalize the pay of the officers in the Army of the United States," was twice read by unanimous consent, and referred to the Committee on Military Affairs.

The resolution from the House of Representatives, providing for jails in certain cases for the safe custody of persons committed under the authority of the United States, was read, and passed to a second reading.

Military Peace Establishment.

The resolution from the House of Representatives, for the appointment of a joint committee to report the subjects proper to be acted on during the present session, was read three times by unanimous consent, and concurred in; and Messrs. SANFORD and SMITH were appointed the committee on the part of the Senate.

The Senate proceeded to consider the report of the Committee on the Judiciary, on the petition of John Slocum; and, in concurrence therewith, resolved, that the prayer of the petitioner be not granted, and that he have leave to withdraw his petition.

The Senate proceeded to consider the report of the Committee on the Judiciary, on the petition of John Cahoone; and, in concurrence therewith, resolved, that the prayer of the petition be not granted, and that the petitioner have leave to withdraw his papers.

The Senate proceeded to consider the report of the Committee on the Judiciary, on the expediency of extending to the Supreme Court appellate jurisdiction in criminal cases, and concurred therein.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act making appropriations for the support of the Navy of the United States, for the year 1821;" and a bill, entitled "An act to authorize the building of lighthouses on Cross and Pond islands, in the harbor of Boothbay, and at the mouth of Oswego river, and placing buoys on the shoals of Nantucket and Vineyard Sound, near the harbor of Wickford, and on the Altamaha river, and for other purposes;" in which bills they request the concurrence of the Senate.

SENATE.

After some further motions and discussion on the minor details of the bill, Mr. SMITH moved to strike out of the 14th section of the committee's amendment that part which directs that all vacancies which may occur in the Army prior to June, 1822, "shall be filled by selection from the officers disbanded by virtue of this act, provided a sufficient number of suitable character apply for the same"-Mr. S. considering such a provision an encroachment on the unconditional right of nomination conferred on the President of the United States by the Constitution, and in effect a violation of the Constitution, as it went to take from the President the right of appointing, with the consent of the Senate, whomsoever he pleases to office.

After some discussion on the part of the mover, and Messrs. TRIMBLE, CHANDLER, WILLIAMS, of Tennessee, JOHNSON, of Louisiana, MACON, and LANMAN, in which it was urged by those in favor of the provision, that, as there would be a number of valuable officers disbanded under the act, this was only a promise on the part of Congress, the President concurring, that they should have a preference in filling future vacancies. Mr. WILLIAMS, however, consented, not deeming it material that the whole section should be stricken out, considering that the practice would be that which the provision contemplated. The debate ended in rejecting the whole section.

Mr. OTIS moved to restore the provision for a Judge Advocate, with a salary of two thousand dollars, which was yesterday stricken out in Committee of the Whole.

The proposition was earnestly opposed by Mr. DICKERSON, and also by Mr. SMITH, and was supported by Messrs. OTIS and TRIMBLE.

The motion was agreed to-yeas 20, nays 17; and the bill was then ordered to be engrossed as amended, and read a third time.

SATURDAY, February 24.

The two bills from the House of Representatives yesterday brought up for concurrence, were severally read twice by unanimous consent, and referred.

MILITARY PEACE ESTABLISHMENT.

The Senate resumed the consideration of the bill to reduce the Military Peace Establishment, Mr. HORSEY, from the Committee on the Disand the substitute proposed therefor by the Mili-trict of Columbia, to whom was referred the bill tary Committee of the Senate. concerning divorces and alimony in the District of Columbia, reported it with amendments; which were read.

Mr. TICHENOR moved to strike out the 4th section of the substitute, which proposes, in substance, to merge the ordnance corps in the artillery, and giving the President authority to select artillery officers to perform the present ordnance duties, to receive extra pay therefor, and to be subject only to the orders of the Secretary of War; and to insert, in lieu of said section, another, making provision for a separate corps of ordnance.

This proposition again gave rise to a debate of more than an hour's continuance, in which Messrs. TICHENOR, WILLIAMS, of Tennessee, TRIMBLE, CHANDLER, DANA, and JOHNSON, of Kentucky, took part.

In the end the amendment was negatived, without a division.

Mr. HORSEY, from the same committee, to whom was referred the petition of John Threlkeld and Joseph Brooks, reported a bill to empower the Levy Court for the county of Washington to discontinue a certain road therein mentioned; and the bill was read, and passed to a second reading.

Mr. RUGGLES, from the Committee of Claims, to whom was referred the bill, entitled "An act for the relief of John Webster," reported it without amendment.

Mr. SANFORD obtained leave to bring in a bill to revive and continue in force "An act fixing the compensations of the Secretary of the Senate and Clerk of the House of Representatives, of the

Indian Trade.

SENATE.

clerks employed in their offices, and of the Librarian," approved the 18th day of April, 1818; which was read, and passed to a second reading.

Mr. JOHNSON, of Louisiana, submitted the following motion for consideration:

Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of modifying the laws organizing the district court of the United States for the State of Louisiana, so as to require the judge of said district to hold a court at Opelousas or at Alexandria, in the western district of the State, during the months of August and September in every year.

consolidation of the Bank of Alexandria and the Bank of Potomac into one bank (according to their own request) the bill was ordered to be engrossed for a third reading.

Mr. BARBOUR, from the Committee on Foreign Relations, to whom the subject was referred, reported a bill providing for the adjudication and payment of claims arising under the Treaty of Amity, Settlement, and Limits, between the United States and His Catholic Majesty; and the bill was twice read by unanimous consent.

On motion by Mr. SANFORD, the Committee on Finance were discharged from the memorial of Mr. EATON Submitted the following motion for the merchants of the city of New York, which consideration: was yesterday presented to the Senate.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act authorizing the Secretary of State to issue a patent to Thomas Oxley," in which they request the concurrence of the Senate.

Resolved, That the President of the United States be requested to communicate to the Senate, if any, and what, proceedings have been had in relation to any person holding an office under the authority of this Government, charged with being concerned in the introduction of any slave or slaves into the United States, contrary to existing laws upon the subject; and that he report such evidences and opinions connected therewith, not confidentially communicated to him, as may be in his possession.

On motion, by Mr. EATON, the report of the Secretary of the Treasury, made in obedience to a resolution of the Senate of the 2d instant, relative to the claim of John H. Piatt, was referred to the Committee of Claims.

The bill to designate the boundaries of a land district, and for the establishment of a land office in the State of Indiana; the bill for the relief of Dean Weymouth; the bill granting to the corporation of the city of Mobile, in the State of Alabama, certain lots of ground in the said city; and the bill to provide for the due execution of the laws of the United States within the State of Missouri; were severally read the second time.

The Senate proceeded to consider the last mentioned bill, as in Committee of the Whole; and it was postponed to, and made the order of the day for, Monday next.

FEBRUARY, 1821.

The resolution from the House of Representatives providing for jails in certain cases for the safe custody of persons imprisoned under the authority of the United States, was read the second time, and referred to the Committee on the Judiciary.

The Senate proceeded to consider the motion of yesterday, for information relative to the execution or violation of the navigation laws; and agreed thereto.

The Senate proceeded to consider the report of the Committee on Public Lands on the petition of Watson Brown; and, in concurrence therewith, resolved, that the prayer of the petitioner ought not to be granted.

The amendment to the bill, entitled "An act to reduce and fix the Military Peace Establishment of the United States," having been reported by the committee correctly engrossed, the bill was read a third time as amended, and passed.

The bill to continue the charters of certain banks in the District of Columbia was taken up, and having been amended so as to provide for the

The Senate resumed, as in Committee of the Whole, the consideration of the bill for the better regulation of the trade with the Indian tribes; and, on motion by Mr. TRIMBLE, it was postponed indefinitely.

A message from the House of Representatives informed the Senate that the House have passed a resolution for the appointment of a joint committee to report whether it be or not expedient to admit Missouri into the Union on an equal footing with the original States, and to provide for the due execution of the laws therein, and, if not, whether any other, and what, provision adapted to her actual condition ought to be made by law.

The bill to confirm the claim of the Marquis de Maison Rouge to a tract of land in Arkansas, was taken up; and after a short time spent in its consideration, it was ordered to be engrossed for a third reading, by yeas and nays-yeas 22, nays 9, as follows:

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INDIAN TRADE.

The Senate résumed the consideration of the bill further to continue in force, (until June, 1822,) the act for establishing trading-houses with the Indian trades.

Mr. TRIMBLE, of Ohio, opposed the bill and the present system of Indian trade, at much length; and the bill was defended by Messrs. HOLMES, of Mississippi, and JOHNSON, of Kentucky, principally on the ground that it was too late now to go into a revision of the system of Indian trade at the present session.

Mr. TRIMBLE proposed to amend the bill by adding thereto the following section:

“SEc. 2. And be it further enacted, That the Superintendent of Indian trade shall not hereafter purchase

Admission of Missouri.

FEBRUARY, 1821.

any goods for the Indian Department, except for such factories as the United States are bound by treaty to continue; and that the President of the United States be, and he is hereby, authorized to adopt such measures as may be necessary and proper to have the funds and the property employed in the Indian trade to be paid into the Treasury of the United States."

The amendment was negatived by yeas and nays-23 votes to 12; as follows:

YEAS-Messrs. Eaton, King of New York, Lanman, Macon, Ruggles, Sanford, Smith, Taylor, Trimble, Walker of Alabama, Williams of Mississippi, and Williams of Tennessec.

NAYS-Messrs. Barbour, Chandler, Dana, Elliott, Gaillard, Holmes of Maine, Holmes of Mississippi, Horsey, Hunter, Johnson of Kentucky, Johnson of Louisiana, King of Alabama, Knight, Lowrie, Mills, Palmer, Parrott, Pleasants, Southard, Stokes, Thomas Van Dyke, and Walker of Georgia.

Mr. HOLMES, of Maine, hoped that the message would not be laid on the table. The subject involved in it was sufficiently embarrassed and difficult already, and he should be sorry to additional impediments thrown in the way. It was simply a proposition from the other House for a committee of inquiry into an all-important

ee any

The bill was then ordered to be engrossed and matter; and would it, he asked, be proper for the read a third time.

Senate to refuse it?

MISSOURI.

On motion of Mr. HOLMES, of Maine, the Senate proceeded to consider the message from the House, announcing their appointment of a committee to meet such committee as may be appointed by the Senate, on the subject of the admission of Missouri into the Union; and the question was on concurring with the other House in the course proposed.

Mr. SMITH, of South Carolina, observed, that, from the hasty glance he could give the subject, he saw no good reason for such a proceeding on the part of the Senate. There was no doubt or difficulty here on the subject of Missouri. If there was any in the other House, he had no objection to give them the advice of the Senate, if necessary, but it could be no reason for the appointment of a committee on the part of this body to consult with them. Not being able to see the expediency of the course proposed, Mr. S. moved that the message lie on the table.

Mr. BARBOUR, of Virginia, remarked that the time left to act on this matter was so short that a little delay might defeat the object. The subject was one of great importance, Mr. B. said, and he hoped the Senate would act on it immediately. The course proposed by the other House was not a novelty in the proceedings of Congress or of the English Parliament, whence most of our rules were drawn. Committees of conference were frequently appointed on subjects of much less importance than the present; and it was proper that, when the two Houses do not agree on the principles of a public act, there should be a joint committee to see if they can devise any course in which the two branches would probably meet. This was a mere proposition for such an inquiry, and he hoped the Senate would accede to it.

Mr. SMITH said he had no opportunity to see what the propesition from the other House actually was, as it had just been received, and once read. If the Senate were straitened for time, it was a reason for not acting precipitately, and the importance of the subject, which had been urged

SENATE.

in favor of an immediate decision, was a reason for acting with caution. As to the mode of proceeding in Parliament, it did not apply to this case. If the other House had sent back the resolution of the Senate for the admission of Missouri, with an amendment, on which the two Houses could not agree, a committee of conference would be proper on the disagreeing votes; but a committee of conference to settle original principles was a novelty. He hoped, at any rate, that the Senate would allow a little time-even a half an hour— to think of this proposition.

The motion to lay the message on the table was negatived.

The Senate then concurred in the propositionyeas 29, nays 7, as follows:

YEAS-Messrs. Barbour, Chandler, Eaton, Elliott, Gaillard, Holmes of Maine, Holmes of Mississippi, Horsey, Hunter, Johnson of Kentucky, Johnson of Louisiana, King of Alabama, Knight, Lanman, Lowrie, Morril, Palmer, Parrott, Pleasants, Roberts, Southard, Stokes, Talbot, Taylor, Trimble, Van Dyke, Walker of Alabama, Walker of Georgia, and Williams of Mississippi.

NAYS-Messrs. Dana, King of New York, Mills, Otis, Ruggles, Sanford, and Smith.

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