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APRIL, 1806.]

Exclusion of Military and Naval Officers from Civil Employment.

Republics. This was amply proved by the annals of the Carthaginian and Roman Republics. The territory under contemplation was a kind of colonial government, and might in the course of time be a powerful engine in the hands of the Executive. He wished, therefore, for a separation of the civil and military powers which might arise under it.

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Navy, or not. This being a constitutional right, he certainly cannot be deprived of it by law; the right remains, and may be exercised if the law passes; the law merely severs the civil and military offices, and leaves the military officer to decide whether he will vacate his military command by holding or accepting a civil office; the Executive will have the same right to appoint-the individual will have the same right to accept the civil office as heretofore, but the acceptance vacates his command in the Army or Navy. If, then, the Executive right to appoint, and the right of the officer to accept, remains after the passage of this law, how can gentlemen contend that the constitutional right of appointment is narrowed? All the difficulty on the present occasion arises from the law being made to bear on the constitutional right of appointment. It is intended to operate only on offices in the Army or Navy which are

Mr. SMILIE said if the question was what was most convenient or best, he should have no difficulty in agreeing with the gentleman from Massachusetts. But it rested on higher ground-on what was constitutional. If he had a right to make the constitution, he would have no hesitation in separating the civil and military powers. But he could not forget the occurrences which had taken place in the State he had the honor to represent in part. In that State there had been but a single branch of the Legislature without any Executive veto on the passage of the laws. He had seen that Government destroy-created by law, to the tenure of which we may ed by sweeping away the Executive power before the irresistible authority of the Legislature, and he had seen the people obliged, from this circumstance, to give up that constitution and frame a new one. The measure under consideration was of the same kind. The constitutional powers of the Executive ought not to be encroached upon, unless the object was to produce confusion. He had seen the effects of such measures, and deprecated them. You may, said Mr. S., abolish the office, and the officer falls with it; but in no other way, while the office continues, can you remove the officer except by impeachment. Shall we, then, in order to get rid of a man who may not have done right (and as for myself I am ready to answer I have no affection for the man) go into a new scene, the length of which we cannot foresee? This principle once established may lead to any thing; it may lead to a destruction of the powers of the Executive altogether. I am as tenacious of the powers of the Legislature as any man, but I believe the powers of the Executive to be equally necessary. Indeed, I think there is more danger to be apprehended from the overwhelming power of the Legislature, than from the powers of the Executive. For the Legislature is so powerful that there can be little danger of the Executive encroaching upon it.

Mr. EPPES.-If I took the same view of the operation of this law with the gentleman from Pennsylvania, I should certainly give it my negative. As, however, I voted for the resolution on which it is founded, and consider the law in conformity with the resolution, I will assign, in a few words, the reasons which will govern my vote.

We have been told that all the departments of Government are independent of each other. No man denies the correctness of this principle. Let us not interfere with the constitutional rights of the other departments, nor abandon our own. The Executive has by the constitution the right of nominating for office any citizen of the United States, whether an officer of the Army and

annex such conditions as the public good may require. Under the constitution we have a right to prescribe rules for the government of the Army or Navy. In passing this law we add a new clause to the articles of war, viz: That an officer of the Army or Navy shall not hold or accept a civil office. Do gentlemen really suppose that we have no right to make this rule? If we can say that an officer shall not get drunk, that he shall have short hair, a coat of a certain form; that he shall not absent himself from his duty; or if we can in fact annex any other condition calculated to ensure to the public his services, why may we not declare by law that he shall not hold or accept a civil office, he shall forfeit his military command? The public welfare is the basis of the rules for the government of the Army and Navy; we have a right to prescribe such rules as the public good requires, and it is our duty to establish such as will ensure to us the services of our military officers in that station to which they are appointed.

But we are told we are about to remove from office a civil officer by law. The gentleman from Pennsylvania has read the clause of the constitution which provides for the removal of civil officers by impeachment. This law is not to operate on civil but on military officers; civil officers, it is true, are removed by impeachment

military officers by such forms as we think proper to prescribe by law; the operation of this law will be precisely the same with any other new rule prescribed for the government of the Army or Navy. Suppose we were to pass a law that any officer found drunk after the 1st of July next shall forfeit his office-his having been drunk before would not subject him to the penalty of the law-but his being drunk after the first of July next would deprive him of his office. Apply this to the case of a civil officer. An officer of the Army or Navy having accepted a civil office, or holding a civil office, does not at present vacate his military office; the reason is obvious-there is no law

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Naval Appropriations.

[APRIL, 1806.

against it. If, however, after the first of July | had agreed to strike out the provision for comnext, he accepts or continues to hold a civil of- pleting the barracks, he had understood that fice, he forfeits his military command under the more money had been applied to this purpose new article of war which this law establishes. than had been appropriated, and that it had The law severs the two offices, declares them been drawn from the private funds of one of the incompatible with each other, and leaves the officers, under an understanding with the Head individual free to make his election. As to the of the Department. He, therefore, moved to general principle that the civil and military restore the item "for completing the marine ought to be separate and distinct, I have no barracks at the city of Washington, three thoudoubt. If the principle is correct, the law ought sand five hundred dollars." to extend to all cases, not only such as may hereafter arise, but to those which at present exist.

Mr. STANFORD supported, and Messrs. FINDLAY and SLOAN opposed the bill; when the question was taken by yeas and nays on the passage of the bill-yeas 64, nays 34, as follows:

YEAS.-Willis Alston, Isaac Anderson, Burwell Bassett, George M. Bedinger, Silas Betton, John Blake, jr., Thomas Blount, William Butler, Levi Casey, John Claiborne, Christopher Clark, Joseph Clay, Matthew Clay, John Dawson, Elias Earle, Peter Early, James Elliot, Caleb Ellis, William Ely, John W. Eppes, James M. Garnett, Peterson Goodwyn, Edwin Gray, Seth Hastings, David Holmes, John G. Jackson, Walter Jones, Michael Leib, Matthew Lyon, Duncan McFarland, Robert Marion, Josiah Masters, Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, John Morrow, Gurdon S. Mumford, Thomas Newton, jr., Gideon Olin, Josiah Quincy, John Randolph, Thomas M. Randoph, John Rea of Pennsylvania, Jacob Richards, Thomas Sammons, Thomas Sanford, Martin G. Schuneman, John Cotton Smith, John Smith, Samuel Smith, Thomas Spalding, Richard Stanford, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, Philip R. Thompson, Thomas W. Thompson, Uri Tracy, Abram Trigg, Robert Whitehill, David R. Williams, Alexander Wilson, Richard Wynn, and Joseph Winston.

NAYS.--David Bard, Joseph Barker, Barnabas Bidwell, John Chandler, Jacob Crowninshield, Richard Cutts, Ezra Darby, Ebenezer Elmer, William Findlay, John Fowler, Andrew Gregg, Isaiah L. Green, James Kelly, William McCreery, Jeremiah Nelson, Timothy Pitkin, jr., John Pugh, John Rea of Tennessee, John Russell, Peter Sailly, Ebenezer Seaver, James Sloan, John Smilie, Henry Southard, Joseph Stanton, David Thomas, Philip Van Cortlandt, Killian K. Van Rensselaer, Joseph B. Varnum, Peleg Wadsworth, John Whitehill, Eliphalet Wickes, Marmaduke Williams, and Nathan Williams.

SATURDAY, April 12.

Naval Appropriations. The bill making appropriations for the support of the Navy was read the third time.

Mr. J. C. SMITH moved to recommit it, for the purpose of restoring the provision for completing the marine barracks at the city of Washington, the amount of expense attending which, he understood, had been already partly expended.

The motion to recommit the bill having obtained-yeas 54-the House went into a Committee of the Whole, Mr. J. C. SMITH in the Chair.

Mr. J. CLAY observed, that since the House

Mr. D. R. WILLIAMS said he should not make any objection to this motion. He would only call the attention of the House to the regard they had heretofore manifested to specific appropriations, under the hope that something would be done to circumscribe contingencies. He believed that this particular sum had been expended much to the interest of the country.

Mr. LEIB said, he was not very fond of making appropriations in this way-for particular officers to run into unauthorized expenditures, and then to call on Congress to make good the deficiency. Is this a provision for completing the house for the commandant? Is that the marine barracks? If not, then under what apIs it under that of propriation is it made? contingencies? Look at the buildings at the navy yard; is all this expense incurred out of the contingent fund? If it is not, it is not authorized by law. Mr. L. said, he did not know that he should make any objection to this item; but he thought it full time to check this loose mode of procedure.

The question was then put, and the motion of Mr. J. CLAY was agreed to without a division.

Mr. D. R. WILLIAMS said, he wished so to modify that part of the bill which appropriated four hundred and eleven thousand nine hundred and fifty dollars "for repair of vessels, store rent, pay of armorers, freight, and other contingent expenses," as to separate the items; to give the Department all it asked, but fix a particular sum to each item.

Mr. CONRAD Opposed the motion, and remarked that the expenditure under one item might fall short of the sum appropriated, which would require that the deficiency should be made up from the surplus of another.

Mr. DANA said this amendment was warranted by the former usage of the House, and the message of the President of the United States. At the first session of the seventh Congress the President had observed that

"In our care, too, of the public contributions intrusted to our direction, it would be prudent to multiply barriers against their dissipation, by appropriating specific sums to every specific purpose susceptible of definition; by disallowing all applications of money, varying from the appropriation in object, or transcending it in amount; by reducing the undefined field of contingencies, and thereby circumscribing discretionary powers over money.'

This opinion had been given five years ago; and they might now infer that it had been found that it could not be carried into effect, as to the military or naval service. Mr. D. said he con

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sidered the gentleman from South Carolina as bringing up this question directly before the House: Will you adhere to specific appropriations, or will you abandon them? Mr. D. said he had never been in favor of them in relation to the Navy or Army.

The question was then taken on the motion of Mr. D. R. WILLIAMS, which was disagreed to-yeas 32, nays 51-when the committee rose, and reported the bill, which was passed without a division.

MONDAY, April 14. Duty on Salt.

Mr. J. RANDOLPH said he was about to call the attention of the House to a subject which he should not have probably brought into view, but for the change wrought in the state of the revenue, in consequence of the peace with Tripoli. Among the different articles from which moneys were drawn, there was none so heavily burdened as salt; and it would be recollected that it was one of the necessaries of life, and an article, the free use and consumption of which was of material importance to the agriculture of the country. Two acts had been passed laying a duty on this article. It was no new thing to wish-it was, indeed, extremely desirable to diminish, if not to take off this duty, and for that purpose he submitted the following resolution: Resolved, That the Committee of Ways and Means be instructed to inquire into the expediency of repealing so much of any act as lays a duty on salt; and to report such provision as may, in their opinion, be calculated to meet the deficiency occasioned by that repeal.

Mr. THOMAS said the Committee of Ways and Means, of which the gentleman from Virginia, (Mr. J. RANDOLPH,) who has made the motion, was and still is Chairman, were instructed by this House in the early part of last session, on a motion which he had the honor then to submit, to inquire into the expediency of reducing the duty on salt, and, if he recollected right, they were directed to report by bill, or otherwise; but, from some cause or other, to him unknown, that committee had never yet made any report on that subject. Courtesy might induce him to impute this neglect to the multiplicity of business put into the hands of the members of that committee.

He, Mr. T., always considered the duty on this article too high, and falling particularly heavy on the agricultural part of the community. It was now, and always had been his wish, to reduce it as soon as our revenue would per

mit, if consistent with the provisions made for paying off our national debt, and meeting the other exigencies of Government. For his part, he was at a loss, however, to discover that the present situation of our revenue, and the calls on Government for expenditure, together with the present aspect of our foreign relations, warranted this measure more now than last year. It was true that the war with the Barbary Powers up the Mediterranean had ceased, but it

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was also true, that the two and a half per cent. additional duty on goods paying ad valorem duties has likewise ceased with the peace concluded with Tripoli. This duty was laid for the support of, and was more than adequate to the expense of that war.

Mr. J. RANDOLPH said he certainly did not deny the existence of such a resolution. He had only observed that he did not recollect having received it from the Clerk.

The Clerk read the resolution offered last session by Mr. THOMAS, on the 7th of December, 1804, which was such as he had stated, and which appeared to have received the sanction of the House.

Mr. ALSTON then moved that the resolution

should be referred to a Committee of the Whole, which, after a few words in opposition by Mr. LEIB, was disagreed to-yeas 22; when the original motion obtained without a division.

WEDNESDAY, April 16.

Duties on Salt.

The House resolved itself into a Committee of the Whole, on the bill repealing the acts laying duties on salt, and continuing in force for a certain time the first section of the act, entitled "An act further to protect the commerce and seamen of the United States against the Barbary Powers," as follows:

SEC. 1. Be it enacted, &c., That from and after the day of next, so much of any act, or acts, as lays a duty on imported salt, be, and the same hereby is, repealed, and from and after the day aforesaid, salt shall be imported into the United States free of duty.

SEC. 2. And be it further enacted, That, from and after the first day of January next, so much of any act, or acts, as allows a bounty on exported salt provisions, and pickled fish, in lieu of drawback of the duties on the salt employed in curing the same, and the owners and crews of fishing vessels, in lieu of so much of any act, or acts, as makes an allowance to drawback of the duties paid on the salt used by the same, shall be, and the same hereby is, repealed.*

SEC. 3. And be it further enacted, That so much of the act, passed on the 25th day of March, 1804, entitled An act further to protect the commerce and seamen of the United States against the Barbary Powers, as is contained in the first section of the said act, be, and the same hereby is, continued in force until the end of the next session of Congress, and no longer.

Mr. QUINCY moved so to amend the first section as to repeal the act laying a duty on salt,

*The error which now prevails (with so many) on the subject of the fishing bounties and allowances, is one which strongly illustrates the evil in our legislators, of not being sufficiently acquainted with our early Congressional history. They are now held by many-by enough to prevent their repeal-to be bounties out of the Treasury for the encouragement of the fisheries as a nursery of seamen, when their whole history proves that they were denied when asked on that ground, (bounties out of the Treasury to any branch of industry being equally unconstitutional and impolitic,) and only granted on the principle of drawback-as a refunding of duty paid on foreign salt exported on fish; and as such ap

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Duties on Salt.

additional to that originally imposed, so as to take off at present the duty of eight cents a bushel. He said he was of the opinion that taking off the whole duty on salt would have an injurious effect. A difference of twenty cents on the bushel would operate very seriously on those who had already made shipments. It was part of the duty of a legislator to avoid making such sudden changes as tended to destroy the confidence of the mercantile world in the stability of the laws. Whenever changes were made, they ought, in his opinion, to be gradual. Although he considered the general effect of this measure most important, yet, by too sudden an operation, it might affect a respectable class of individuals very injuriously. He would state the effect which he apprehended it would have. Suppose the repeal should take effect on the first day of July. A cargo of salt generally averages about four thousand bushels; the prime cost at Liverpool was about eleven cents a bushel. The cost of the cargo would, therefore, be only $440; the duty would amount to $800; the freight, &c., to about $1,000; making an aggregate of $2,240, which would be the cost in this country, on a mercantile calculation, supposing the present duties to remain in force. The present price of salt in this country was about fifty-three cents a bushel, which would produce something less than $2,240. The reason of the sum for which it is sold being less than that it costs is, that salt is merely made use of, in most cases, as a return cargo. Taking off the duty of twenty cents, would reduce the price to thirty-three cents a bushel, which would detract $920 from the value of the cargo, and would be more than double the prime cost of the salt. To so great a reduction, so suddenly made, Mr. QUINCY said he objected. He had, he said, another reason for being against the section as it stood. The duty on salt was among the duties pledged for the payment of the national debt. At the time this pledge was made, the duty was twelve cents. The additional duty of eight cents was afterwards imposed. His object was, to reduce the existing duty eight cents, and to let the original duty of twelve cents stand, at least, until some notice had been given to the mercantile world. He believed that a reduction of the duty was highly desirable, and would be very popular. He might not, perhaps, object to an entire repeal if time were allowed him to consult his constituents, some of whom might possibly be ruined by it. plied at first to all salted provisions, both beef and pork as well as to fish. And as such drawback these bounties and

allowances rose and fell with the salt tax as long as national

legislation was under the control of our earlier generation of statesmen; but since near thirty years this dependence of

the bounties and allowances upon the salt tax has ceased to

be known, and, while the duty has been undergoing reductions, the bounties and allowances have remained at the highest rate they ever attained when the salt duty was at its highest rate. The want of this knowledge has cost the public treasury some millions of dollars; and is still costing it some hundreds of thousands annually.

[APRIL, 1806. | All things considered, he thought it would be best to reduce the duty at present eight cents. This would leave Congress at liberty, at their next session, to take the entire repeal into consideration, which might be done in case they considered it eligible.

Mr. J. RANDOLPH said he should prefer the taking off eight cents, rather than suffering the duty to remain as it stood at present; but he hoped the whole duty would be taken off. One of the objections of the gentleman to taking off the whole duty was, that the merchants who have imported salt may be injured by it, and will not be able to compete with those who have imported it duty free. But this argument operated two ways. Did it not apply differently when the duty on salt was first laid? At that time, the very man who now loses, gained in a correspondent ratio. To his mind, Mr. R. said, it was the strangest reason on earth, if this nation were in a situation to give up all its taxes, that it should be said by any gentleman, don't repeal the laws imposing them, because my constituents, the merchants, have paid duties on some of them. If so, your taxes, so far from being diminished, may go on increasing ad infinitum. But, the truth is, we have the same right now to take off the duty on salt as our predecessors had to lay it on.

But it seems that the original duty of twelve cents was put into pledge for the payment of the national debt. We were told the same thing five years ago when we proposed to repeal the internal taxes. They were, however, repealed without any violation of the public faith, and wherefore? The nation has contracted a debt to the public creditor, and so long as the Government finds funds wherewith to pay it, the public creditor has no right to ask whether we take it from our coat or breeches pocket? whether from a land tax, an excise, or from duties on imported articles? The pledge on our side is, to find money. If, after the repeal of this duty, the ways and means for the payment of this debt are found deficient, I agree that we are bound to make good the deficiency. But what do we propose? The amount of the duty on salt is less than $600,000, and at the same time that we take this off, we impose a duty which will produce a million. We take off a duty on a necessary of life, which falls peculiarly heavy on the poor, and on agriculture, and lay an ad valorem duty on gauze, catgut, and the Lord knows what, which produces from three to five thousand dollars more.

Mr. QUINCY asked whether a duty which produced $850,000 a year, which was limited to the end of the next session, and which was not pledged to the payment of the national debt, could be considered as equivalent to a permanent duty of half a million, imposed by an act which could not be repealed until the debt was paid? He did not think the new tax was a substitute of equal value, and he considered it one of the objects of this bill to get rid of the pledge to pay the debt.

APRIL, 1806.]

Duties on Salt.

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Mr. J. CLAY felt disposed to give every credit | appearance of things, he did not think it advisto gentlemen in their professions of regard to-able that this section should remain as it was, wards the public debt. The answer to the ob- as in six or eight months they would have again jection was this: A certain fund, arising from the same ground to travel over. His object the impost, was pledged to the payment and was permanently to substitute the Mediterrainterest of the debt. An act had passed the nean fund for the salt tax. He had no objection last Congress increasing the fund appropriated to make the exchange; to take off the perpetual for this purpose, from $7,200,000 to $8,000,000. tax on salt, and lay it on these articles. He If the duty on salt was not a component part of thought there was no danger in trusting to the this sum, the objection of gentlemen was futile. wisdom of Congress the discontinuance of the Now it was a fact, that, so much as this sum act imposing them; and that as long as there was diminished by taking off the $520,000 aris- was a necessity for taxes, these subjects of taxing from the duty on salt, so much was it in- ation were as unexceptionable as any that could creased by the other duty proposed to be laid be laid. When they were about to strike so by this act. So long as the taxes pledged ex- deeply at the revenue, they ought to be certain ceeded eight millions, the Government sacredly that the substitute offered would justify the regard their engagements. As an answer to measure. For these reasons he submitted a all the sensibility displayed by gentlemen for motion to make the Mediterranean fund perpetthe public faith, permit me, said Mr. C., to re-ual. He thought this expedient, as the tax on fer them to a resolution proposed in the seventh salt was perpetual, and the substituted tax was Congress, on the 25th of January, 1802, in- not so certain as that on salt. With regard structing the Committee of Ways and Means to to the one, very little variation could take inquire into the expediency of taking off, or re- place; while the other might materially change ducing, the duty on brown sugar, coffee, and with the times. bohea tea. Another objection urged by gentlemen is, the effect of this bill on the merchants. There is no doubt that, in consequence of it, the price of salt will fall; but, would not this have Mr. J. RANDOLPH hoped the amendment been the effect on bohea tea, had their measure would not be agreed to. It would be remembeen successful? The effect, however, will be bered that the right of giving the public money gradual, and there will be but little loss sus- was the sole exclusive right of that branch of tained by any one individual, as the price will the Legislature; and that when they made begin to fall immediately on taking off the duty.grants for a long term of years, it would not deI believe it is not a material error to say, that the traffic is pretty much in the hands of those men who enjoyed it when the duty was laid; and if so, those who now lose, will only lose as much as they before gained. I hope the blank in the bill will be so filled as to give six months notice of the imposition of the duty.

Mr. CROWNINSHIELD then moved to amend the last section, so as to continue the Mediter| ranean fund for three years.

pend on them alone whether they should be revoked. In his opinion, if the Constitution of the United States was practised on its true principles, that House ought not to give the public money out of its control. There was no existing cause for continuing this fund for three years, or for a longer period than that contem

The question was then taken on Mr. CROWNINSHIELD'S motion, which was disagreed toayes 28. When the question was taken on engrossing the bill, which was carried-ayes 83.

Mr. DANA said, that if gentlemen were dispos-plated by the bill. ed to diminish the revenue, to screw up the Government, and if they were satisfied the Administration could get along without this tax, it would weigh much in his mind in favor of repeal; and, as they were disposed to grapple with difficulties and gain popularity, he believed he would gratify them by voting for the bill.

Mr. QUINCY said he opposed such an excessive reduction of this duty at once, not only on the grounds he had stated, but on other grounds. In Massachusetts, in the neighborhood of Boston, very extensive manufactories of salt had been established, under the idea that the duty would be continued. The immediate effect of this measure might be to destroy and ruin them.

Mr. QUINCY's motion to amend the section was likewise disagreed to without a division.

On motion of Mr. J. RANDOLPH, the blank, relative to the time when the duty was to take effect, was filled with the first day of October.

The third section was then read, which continued the Mediterranean fund till the next session of Congress.

Mr. ALSTON observed that, from the present |
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THURSDAY, April 17.

Duties on Salt.

The bill repealing the acts laying duties on salt, and continuing in force, for a further time, the first section of the act, entitled "An act further to protect the commerce and seamen of the United States against the Barbary Powers," was read a third time.

Mr. MASTERS moved to recommit the bill, for the purpose of modifying its details.

Mr. QUINCY supported the motion; which was lost-ayes 37, nays 49.

When the yeas and nays were taken on the passage of the bill-yeas 43, nays 11, as follows:

YEAS.-Evan Alexander, Willis Alston, jun., Isaac Anderson, Burwell Bassett, George M. Bedinger, John Blake, junior, Thomas Blount, Robert Brown, Levi Casey, John Chandler, John Claiborne, Christopher

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