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H. OF R.

Reduction of the Army.

JANUARY, 1800.

Mr. R. said that he did not make professions of uncommon patriotism; that it was not the least of his objections to taxing his constituents that he must also burden himself, and his property being of that kind which exposed it to be "squeezed" on all occasions, rendered him particularly averse to the operation. The member from Massachusetts spoke lightly of our reluctance to part with money. That gentleman was eminent in a lucrative profession; and did he too derive a handsome revenue from talking, he might perhaps be less averse to voting away money.

demand as a right. He denied having asserted public resources better husbanded. A gentleman that our finances were in a situation which would from Massachusetts, (Mr. Oris,) who had taken not permit the raising of more money, however exception to the term, had told us that we could not urgent the necessity. But he persisted in declar-"squeeze" the public, without squeezing ourselves. ing that their condition was alarming, and that gentlemen had, instead of offering proof to support their opposition to the resolution, perpetually eluded the question-which was. whether there was danger, in the first place; and whether, in the second, these troops were competent to repel it. Gentlemen could not even agree in the use to which these troops were to be applied. Some asserted that they were to act in the first instance; the militia not being in a state of preparation. Others, sensible that they could not annihilate space and be present everywhere, said that the militia could oppose the foe until these troops could march to their relief. If gentlemen were persuaded of the danger of invasion there was no mode to convince them of their mistake. Mere impression could not be effaced by argument. But was it true policy to expend the "sinews of war" upon the chance of bringing these men into action? Mr. R. insisted that his use of the term mercenary, as applied to the Army of the United States, was warranted. He denied Mr. LEE's interpretation of the word, which he had declared applicable only to foreign troops subsidized by another State. Mr. R. stated that the original word signified wages, and had no relation to foreign or domestic affairs. That a mercenary army was one in which the military art was carried on as a profession, in contradistinction from a militia or patriotic army, composed of citizens, without respect to station or fortune, indiscriminately bound to defend their country. He declared that he had no intention of receding from any opinions which he had expressed, but there was a term which he had used yesterday, and which (as no notice had been taken of it) he would exchange-it was ragamuffin. It had been extorted from him by the character and appearance of the recruits in his country; men the most abject and worthless of the community; and to their protection, said he, we are told to confide our liberties and independence. Sir, we revolt from the idea. We hold those blessings in contempt of their protection. We hold them in defiance of all force, foreign or domestic; we hold them, sir, by the tenure of that valor which obtained them.

Mr. R. denied that this tax would fall lightly upon the community. In the tobacco country it would be severely felt. The depreciation of that important article would alone cause great distress. If to this effect gentlemen were insensible, it would speak to them in a language which they would be obliged to hear, in the diminished amount of the revenue drawn from the imposts. The consumption of foreign articles must be limited by the ability to pay for them. The large importation of last year was scarcely half sold. There were goods enough on hand nearly sufficient to supply the ensuing year's demand. Under all these circumstances we were hooted at for talking of economy. Whatever gentlemen might say or insinuate about speeches calculated to insure popular favor, he would never vote one shilling until he saw the

A gentleman from South Carolina, in a long detail, to which I cannot, with my colleague, (Mr. LEE.) attach the epithet of a "learned history," has been so very candid as to allow that the friends of the resolution (at least some of them) are actuated by pure motives in the support which they have given it. I felt disposed to thank the gentleman for this great degree of charity; but, sir, the burden of obligation was lifted from my shoulders when he talked of modern patriotism, which consisted in declamation against public burdens and a devotion to France. When it is considered that those against whom these insinuations were thrown, had not only "drawn in love of country with their mother's milk," but were attached by every tie which could bind the heart of man to the soil which gave him birth, and in which their property consisted, the Committee would decide upon the motives by which their conduct had been actuated. When it was recollected that they were supposed to have been peculiarly friendly to the mission to France and to be highly anxious for its success, whilst the opponents to the resolution exhibited a great coolness with regard to a compromise of differences with that Republic, he trusted that the alarm with respect to the effect of the measure under discussion upon that negotiation would wear off. Mr. R. declared that although he had become the object of what the member from South Carolina no doubt intended as a chastisement, he had no reason to regret it. He was, on the contrary, glad that he had excited the gentleman's animadversion, since by that means the Committee had been favored with the very correct, luminous, and conclusive observations of the gentleman from Pennsylvania, (Mr. GALLATIN,) which must have carried conviction to every unprejudiced mind, and would doubtless produce a decided approbation of the measure now under consideration.

Mr. R. said that although this army had been ordered into existence so long, yet scarcely 4,000 men were raised; and, if the recruiting went on, it would take a year perhaps to fill the regiments. Would not this be a stronger proof to France of our debility, than the disbanding of them, which would indicate only a prudent application of resources to proper objects. But, in fact, sir, this circumstance is a proof the most decisive of the inutility of this force. In spite of the system of

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alarm, and the cry of danger from French invasion, the good sense of the country still prevailed. Our people knew that there was no immediate danger, nor can they hear it in every breeze; they therefore refused to enter a service into which the indolent and worthless had been allured by the potent consideration of being clothed and fed at public expense. Would this tardiness to defend their country, sir, be exhibited were the danger imminent, as gentlemen had alleged? He cautioned the members of the House, particularly from the South, against lavishing, by the smallest estimate which had any pretension to correctness, at least two and a half millions, perhaps four, upon so worthless an object. As to the proposal to stop the enlistments and retain the officers upon pay, without any nominal duty to perform, he declared that it would justly excite the public indignation. With these remarks he concluded by expressing a hope that the resolution would be

H. OF R.

ship Flora, was presented to the House and read, stating that they have sustained considerable loss in consequence of an illegal detention, as they conceive, of the said ship at the port of Edgartown, in the State of Massachusetts, by the officers of the United States, acting under the law entitled "An act to suspend the commercial intercourse between the United States and France, and the dependencies thereof," and praying compensation for the same.

Ordered, That the said petition be referred to the Committee of Commerce and Manufactures. Two petitions of Cato West and others, in behalf of themselves and the other inhabitants of the Mississippi Territory, were presented to the House and read; the first complaining of the political system by which the said Territory is governed, and the present mode of its administration, and praying that the operation of the ordinance of Congress, passed the thirteenth of July, one thousand seven hundred and eighty-seven, with such amendments as shall seem expedient, may be extended to the said Territory: the other, praying that an act may The question was taken that the House do agree be passed confirming to the citizens of the said with the Committee of the Whole in their said Territory all grants of lands legally and justly obdisagreement, and resolved in the affirmative-tained prior to the ratification of the late treaty yeas 60, nays 39, as follows:

carried.

The Committee now rose, and reported their disagreement to the resolution.

with Spain.

be referred to the committee to whom was referred, on the twenty-fourth ultimo, the petitions of John Henderson and others, and of Thomas Burling and others.

YEAS-William Alston, George Baer, Bailey Bart- Ordered, That the first of the said petitions be lett, James A. Bayard, John Bird, Jonathan Brace, John referred to Mr. CLAIBORNE, Mr, GRISWOLD, Mr. Brown, Christopher G. Champlin, William Cooper, HENDERSON, Mr. NOTT, and Mr. BARTLETT, to Samuel W. Dana, John Davenport, Franklin Daven- examine the matter thereof, and report their opinport, John Dennis, George Dent, Joseph Dickson, Wil-ion thereupon to the House; and that the second liam Edmond, Thomas Evans, Abiel Foster, Dwight Foster, Jonathan Freeman, Henry Glen, Samuel Goode, Chauncey Goodrich, Elizur Goodrich, William Gordon, Roger Griswold, William Barry Grove, Robert Goodloe Harper, Thomas Hartley, Archibald Henderson, William H. Hill, Benjamin Huger, James H. Imlay, John Wilkes Kittera, Henry Lee, Silas Lee, Samuel Lyman, James Linn, John Marshall, Lewis R. Morris, Abraham Nott, Harrison G. Otis, Robert Page, Josiah Parker, Jonas Platt, Leven Powell, John Reed, John Rutledge, jun., Samuel Sewall, James Sheafe, William Shepard, Samuel Smith, Benjamin Taliaferro, George Thatcher, John Chew Thomas, Richard Thomas, Peleg Wadsworth, Robert Waln, Lemuel Williams, and Henry Woods.

NAYS-Theodorus Bailey, Phanuel Bishop, Robert Brown, Gabriel Christie, Matthew Clay, William C. C. Claiborne, John Condit, Thomas T. Davis, John Dawson, Joseph Eggleston, Lucas Elmendorf, John Fowler, Albert Gallatin, Edwin Gray, Andrew Gregg, John A. Hanna, Joseph Heister, David Holmes, George Jack son, James Jones, Aaron Kitchell, Michael Leib, Matthew Lyon, Nathaniel Macon, Peter Muhlenberg, Anthony New, John Nicholas, Joseph H. Nicholson, John Randolph, John Smilie, Richard Stanford, David Stone, Thomas Sumter, John Thomson, Abram Trigg, John Trigg, Philip Van Cortlandt, Joseph B. Varnum, and

Robert Williams.

MONDAY, January 13. SAMUEL J. CABELL, from Virginia, appeared, produced his credentials, was qualified, and took his seat in the House.

A memorial of Paul Bentalou, and others, merchants, of the city of Baltimore, late owners of the

Mr. OTIS, from the committee to whom was referred, on the ninth ultimo, so much of the President's Speech as relates to "a system of national defence, commensurate with our resources and the situation of our country," made a report, in part; which was read, and ordered to lie on the table.

A Message was received from the PRESIDENT OF
THE UNITED STATES, as follows:
Gentlemen of the Senate, and

Gentlemen of the House of Representatives:

A report made to me, on the fifth of this month, by the Secretary of War, contains various matters, in which the honor and safety of the nation are deeply interested; I transmit it therefore to Congress, and recommend it to their serious consideration.

UNITED STATES, Jan. 13, 1800.

JOHN ADAMS.

The said Message, and report accompanying the same, were read, and ordered to be referred to the committee to whom was referred, on the ninth ultimo, so much of the President's Speech as relates to "a system of national defence, commensurate with our resources and the situation of our country.'

Ordered, That the petition of Charles Pettit, presented the 31st ultimo, and which was laid on the table, be referred to the Committee of Claims.

Ordered, That the report of the Secretary of War, on the seventh instant, exhibiting the expenses

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of the national armory at Springfield, in the State of Massachusetts, which lay on the table, be referred to the committee to whom was referred, on the ninth ultimo, so much of the President's Speech as relates to "a system of national defence, commensurate with our resources and the situation of our country;" with power to report thereon by bill, or bills, or otherwise.

Ordered, That the Message of the President of the United States, of the 8th instant, transmitting sundry statements relative to the Mint of the United States, prepared by the officers thereof, and which lay on the table, be referred to Mr. DWIGHT FOSTER, Mr. CHAUNCEY GOODRICH, and Mr. PAGE. On a motion made and seconded that the House do come to the following resolution, to wit: Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of State be, and he is hereby, authorized and directed to procure and transmit to the Governor of the State of North Carolina, a number of copies of the laws of the United States, equal to the number which the Secretary was heretofore authorized to transmit to the Governor of the said State, by an act, entitled "An act for the more general promulgation of the laws of the United States," to be deposited and distributed agreeably to the provisions of the said act, for the use and information of the citizens of the United States

within the said State :

Ordered, That the said motion be referred to Mr. HILL, Mr. KITTERA, and Mr. NICHOLAS.

Resolved, That the Committee of Claims be instructed to inquire whether any, and, if any, what, alterations ought to be made in the law passed on the twelfth day of June, one thousand seven hundred and ninety-eight, entitled "An act respecting loan office and final settlement certificates, indents of interest, and the unfunded or registered debt credited in the books of the Treasury.

Resolved, That the act, entitled "An act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein," and all acts for amendment of the same, be referred to the Committee of Commerce and Manufactures, to consider and report as to the expediency of continuing the same, and whether any, and, if any, what, alterations may be necessary therein.

The House, resolved itself into a Committee of the Whole on the bill to repeal part of an act, entitled "An act to provide for mitigating the forfeit ures, penalties, and disabilities, accruing in certain cases therein mentioned;" and, after some time spent therein, the Committee rose and reported their agreement to the same without amendment. Ordered, That the said bill be engrossed, and read the third time to-morrow.

Resolved, That a committee be appointed to prepare and report a bill to continue in force "An act declaring the consent of Congress to a certain act of the State of Maryland," and to continue "An act declaring the consent of Congress to certain acts of the States of Maryland, Georgia, and Rhode Island and Providence Plantations, so far as the same respects the States of Georgia and Rhode Island ;" and that the Committee of Revisal, &c., do prepare and bring in the same.

JANUARY, 1800.

TUESDAY, January 14.

An engrossed bill to repeal part of an act, entitled "An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned," was read the third time and passed.

Mr. GRISWOLD, from the Committee of Revisal and Unfinished Business, to whom it was referred to examine and report what laws of the United States have expired, or are near expiring, made a farther report, in part; which was read, and ordered to be committed to a Committee of the Whole

House to-morrow.

The House resolved itself into a Committee of the Whole on the motion to amend the "Act for laying duties on stamped vellum, parchment, and paper;" and, after some time spent therein, Mr. SPEAKER resumed the Chair, and Mr. MORRIS reported that the Committee had had the said motion under consideration, and come to a resolution thereupon; which he delivered in at the Clerk's table, where the same was twice read, and agreed to, as follows:

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Resolved, That it is expedient so to amend the Act for laying duties on stamped vellum, parchment, and paper," as to abolish the offices thereby established for the stamping of vellum, parchment, and paper. in the several districts of the United States, and to establish, at the seat of Government, one general office for that purpose.

Ordered, That a bill or bills be brought in, pursuant to the said resolution, and that the Committee of Ways and Means do prepare and bring in the same.

CASE OF MR. RANDOLPH.

A Message was received from the PRESIDENT of the UNITED STATES, as follows: Gentlemen of the House of Representatives:

without any

As the enclosed letter, from a member of your House, received by me in the night of Saturday, the eleventh instant, relates to the privileges of the House, which, in my opinion, ought to be inquired into in the House itself, if anywhere, I have thought proper to submit the whole letter and its tendencies to your consideration, other comments on its matter or style: but, as no gross impropriety of conduct, on the part of persons holding commissions in the Army or Navy of the United States, ought to pass without due animadversion, I have directed the Secretary of War and the Secretary of the Navy to investigate the conduct complained of, and to report to me, without delay, such a statement of facts as will enable me to decide on the course which duty and justice shall appear to prescribe.

JOHN ADAMS. UNITED STATES, Jan. 14th, 1800.

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For words of a general nature, uttered on the floor of this House, and addressed, in my official capacity, to the Chairman of the Committee of the Whole, and urged with a view to effect the reduction of a Military Establishment, I have been grossly and publicly insulted, by two officers of the army (or navy, I know not which) with evident intention to provoke me to a conduct which, in some sort, might justify the hostile designs which they manifestly entertained towards me, and from the execution of which, I believe, they were

only deterred by the presence of several of my friends (members of this House) who felt themselves implicated in an insult, which, although more particularly offered

to one, was certainly levelled at all.

I am acquainted with the name of one only of these unfortunate young men, who appear to have made so false an estimate of true dignity of character; who seem to have mistaken brutality for spirit, and an armed combination against the person of an individual for an indication of courage. He was called, I think, McKnight-rank unknown, and, to my best recollection, of the navy. Mr. Christie, a member of this House, appeared to know him; and that gentleman, with Capt. Campbell Smith, who, as I understood, endeavored to deter those rash youths from their scheme, and whose conduct would evince, if indeed there were any need of proof, that the character of the man and the citizen is not incompatible with the profession of the soldier, can give an account of the various instances of miscon

duct which were exhibited by the parties. Mr. Van Rensselaer, the Lieutenant Governor of New York, Mr. Nicholson, Mr. Glenn, and Mr. Macon, of the House of Representatives, were likewise present at these trans

actions.

• Having stated the fact, it would be derogatory to your character, sir, for me to point out the remedy, which it is your province to provide, nor shall I descend from the respect which I owe myself to declare what are not the considerations which govern my conduct on this occasion. So far as they relate to this application, addressed to you in a public capacity, they can only be supposed by you to be of a public nature; and it is enough for me to state that the independence of the Legislature has been attacked, the majesty of the people, of which you are the principal representative, insulted, and your authority contemned. In their name, I demand that a provision commensurate with the evil be made, and which will be calculated to deter others from any future attempt to introduce the reign of terror into our country. In addressing you, in the plain language of man, I give you, sir, the best proof that I can afford of the estimation in which I hold your office and your understanding; and I assure you with truth that I am, with respect, your fellow citizen, JOHN RANDOLPH, Jr.

The PRESIDENT OF THE UNITED STATES. Mr. KITTERA moved that the Message and letter accompanying it be referred to a Select Committee.

Mr. RANDOLPH hoped it would not. It was far from his expectation, he said, when he addressed the letter now before the House to the President, that it would have been made the subject of a communication. Had he thought the House could have remedied the abuse complained of, he would have entered his complaint here; but he did not conceive it within their jurisdiction; and he was opposed to it, as being a bad precedent, which might at some future period be prostituted to purposes

H. of R.

injurious to the country. The power of the Commander-in-chief of the Army, in his opinion, was sufficient to afford a remedy, and to restrain men under his command from giving personal abuse and insult. And he therefore disclaimed any wish that the House should take measures for his protection.

The voice of the House appeared to be unanimous for the commitment, and several members expressed an opinion that the President, in submitting the subject to the House, had acted judiciousy, it being a question on which he could not, dare not, decide. It was a Constitutional prerogative vested in that House alone, and that House, after having a statement of facts, were to be the sole judges of them. The wish of the complainant to suspend inquiry ought not to have any weight; for if a member was to be insulted for language made use of in debate, there was an end to all legislation, and they might as well return to their homes at once.

The said Message, together with the letter accompanying the same, were read, and ordered to be referred to Mr. CHAUNCEY GOODRICH, Mr. MACON, Mr. KITTERA, Mr. JONES, Mr. SEWALL, Mr. ROBERT WILLIAMS, and Mr. BAYARD.

The House then resolved itself into a Commit

tee of the Whole on the bill to reform the Superior Court of the Territory of the United States Northwest of the river Ohio; and, after some time spent therein, rose and had leave to sit again.

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Resolved, That the Clerk of this House be directed to furnish each of the Members of this House with a set of the laws passed by the Fifth Congress of the United States.

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The House proceeded to consider the report made on Monday last, by the committee to whom was referred so much of the President's Speech as relates to "a system of national defence, commensurate with our resources and the situation of our country," which lay on the table; and the same being again read, in the words following, to wit: That, in the opinion of the committee, no such material change in the state of the foreign relations of the United States has happened, as would justify a relinquishment of any of the means of defence heretofore adopted by Congress, but that the national honor and dent and necessary to continue prepared for the worst interest in the present posture of affairs make it pruevent: but while danger still threatens our country, yet circumstances having diminished the probability of an immediate invasion, the attention of the committee has been particularly directed to the state of the Military Establishment, with a view to reconcile safety with economy, to preserve the establishment, and retrench the expense. The annexed abstract and letter from the Secretary of War exhibit the state of the twelve

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new regiments of infantry, according to the latest re-
turns.
As these men have received their bounty and
clothing, and are daily improving in discipline; as
they would be useful in any sudden emergency, and the
greater part of them may also be usefully employed,
until wanted for actual service, on the fortification of
ports and harbors, it is conceived proper to retain them,
but to suspend the recruiting service until the approach
of danger shall compel the Government to resume it.
This project combines the advantage of an important
reduction of the national expense, with that of having at
command a body of officers ready for service upon short
notice, and a number of disciplined troops sufficient for
the present occasion.

"The committee, therefore, submit the following resolution :

"Resolved, That, from and after the- day ofnext, all enlistments under an act, entitled "An act to augment the Army of the United States, and for other purposes," shall be suspended until the next session, unless war should break out between the United States and a foreign European Power, or in case imminent danger of invasion of their territory by any such Power shall, in the opinion of the President of the United States, be discovered to exist."

The question was taken that the House do agree to the resolution contained in the said report, and

resolved in the affirmative.

Ordered, That a bill or bills be brought in pursuant to the said resolution, and that Mr. OTIS, Mr. NICHOLAS, Mr. EDMOND, Mr. ABIEL FOSTER, Mr. CHAMPLIN, Mr. WALN, and Mr. HILL, do prepare and bring in the same.

JANUARY, 1800.

Ordered, That the said petition be referred to the committee appointed, on the twenty-fourth ultimo, to inquire whether any, and, if any, what, alterations are necessary in the laws authorizing the sale of the lands of the United States northwest of the Ohio.

Mr. Oris, from the committee to whom was referred, on the twenty-third ultimo, the petition of Robert Sturgeon, made a report; which he delivered in at the Clerk's table, where the same was twice read, and considered: Whereupon, Resolved, That Robert Sturgeon be discharged from his confinement, upon a judgment in favor of the United States, upon his making an assignment of all estate, real and personal, to which he may be entitled, to the acceptance of the Secretary of the Treasury: Provided, however, that the said judgment shall remain in full force against any property which he may hereafter acquire.

Ordered, That a bill or bills be brought in, pursuant to the said resolution; and that Mr. OTIS, Mr. BIRD, and Mr. STONE, do prepare and bring in the same.

The House then resolved itself into a Committee of the Whole on the bill to suspend, in part, an act, entitled "An act to augment the Army of the United States ;" and, after some time spent therein, the Committee rose, reported progress, and had leave to sit again.

MONDAY, January 20.

A memorial of the General Assembly of the Ordered, That the Committee of the Whole Territory of the United States Northwest of the House to whom was referred the report of the Com- river Ohio, signed by Edward Tiffin, Speaker of mittee of Revisal and Unfinished Business, made the House of Representatives, and H. Vandeburg, yesterday, recommending the appointment of a President of the Council, stating the unhappy situcommittee to prepare and bring in a bill to con- ation of a large number of the citizens of the countinue in force, for a limited time, the act, entity of Hamilton, in the said Territory, residing on tled "An act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof," be discharged from the consideration of the same; and that the said report be referred to the Committee of Commerce and Manufactures, with power to report thereon by bill or bills, or otherwise, and with instruction to inquire and report in what manner, and to what effect, the act suspending commercial intercourse with France has been executed.

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lands purchased from John Cleves Symmes, under a conviction that the said Symmes had a right to dispose of the same in virtue of his contract with the United States; that, having paid their money into the hands of Judge Symmes, they are deprived of the means of making their payments, requesting that such indulgence may be extended as at present required by the United States; and to the said purchasers as to the wisdom of Congress may seem meet.

Ordered, That the said petition be referred to the committee appointed, on the twenty-fourth alterations are necessary in the laws providing for ultimo, to inquire whether any, and, if any, what, the sale of the lands of the United States North

west of the Ohio.

the Whole on the bill to establish an uniform sys-
The House resolved itself into a Committee of
tem of bankruptcy throughout the United States;
and, after some time spent therein, the Committee
rose and had leave to sit again.

A Message was received from the PRESIDENT
OF THE UNITED STATES, as follows:
Gentlemen of the Senate, and

Gentlemen of the House of Representatives :
In obedience to the law, I transmit to Congress my
annual account of the contingent fund.

JOHN ADAMS.

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