YEAS-Willis Alston, jun., William Anderson, Burwell Bassett, William W. Bibb, William Blackledge, John C. Calhoun, Langdon Cheves, Matthew Clay, James Cochran, William Crawford, Joseph Desha, Samuel Dinsmoor, James Fisk, Meshack Franklin, Thomas Gholson, Peterson Goodwyn, Isaiah L. Green, Felix Grundy, Bolling Hall, Aylett Hawes, Jacob Hufty, Joseph Kent, William R. King, Peter Little, William Lowndes, Nathaniel Macon, George C. Maxwell, Thomas Moore, Archibald McBryde, Samuel McKee, Arunah Metcalf, James Morgan, Hugh Nelson, Stephen Ormsby, Joseph Pearson, Israel Pickens, James Pleasants, jr., Wm. M. Richardson, Henry M. Ridgely, Samuel Ringgold, Jno. Roane, Ebenezer Sage, Thomas Sammons, Ebenezer Seaver, Samuel Shaw, John Smilie, George Smith, John Smith, Silas Stow, William Strong, Robert Wright, and David R. Williams.

H. OF R.

ham, William A. Burwell, William Butler, Epaphroditus Champion, Martin Chittenden, Lewis Condit, John Davenport, jun., Roger Davis, William Ely, Jas. Emott, William Findley, Asa Fitch, Thomas R. Gold, Charles Goldsborough, Felix Grundy, Richard Jackson, jun., Abner Lacock, Lyman Law, Joseph Lewis, jun., Aaron Lyle, William McCoy, Alexander McKim, James Milnor, Samuel L. Mitchill, Jonathan O. Moseley, Thomas Newbold, Thomas Newton, Timothy Pitkin, jun., Elisha R. Potter, Josiah Quincy, William Reed, John Rhea, Jonathan Roberts, William Rodman, Thomas Sammons, John Sevier, Adam Seybert, Daniel Sheffey, Philip Stuart, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, Uri Tracy, George M. Troup, Charles Turner, jr., Laban Wheaton, Leonard White, Robert Whitehill, Wm. Widgery, and Thomas Wilson.

A motion was then made by Mr. B. HALL, to amend the section by adding to the end thereof, the following provisio:

Provided, That the regulations made by any State or Territory shall not extend further than to cause the arms to be taken care of; and, from time to time, to cause the same to be repaired and put in complete order."

Before a question was taken on this amendment, the House adjourned.

NAYS-Stevenson Archer, John Baker, David Bard, Abijah Bigelow, Adam Boyd, James Breckenridge, Elijah Brigham, William A. Burwell, William Butler, Epaphroditus Champion, Martin Chittenden, Lewis Condit, John Davenport, jun., Roger Davis, Elias Earle, William Ely, James Emott, Asa Fitch, Thos. R. Gold, Charles Goldsborough, Edwin Gray, Obed Hall, Richard Jackson, jun., Abner Lacock, Lyman Law, Joseph Lefever, Robt. Le Roy Livingston, Aaron Lyle, William McCoy, Alexander McKim, James Milnor, Samuel L. Mitchill, Jeremiah Morrow, Jonathan O. Moseley, Anthony New, Thomas Newbold, Thos. Newton, William Piper, Timothy Pitkin, jun., Benjamin Pond, Elisha R. Potter, William Reed, John Mr. MORROW, from the Committee on the PubRhea, Jonathan Roberts, William Rodman, John Se-lic Lands, presented a bill for the relief of Thos. vier, Adam Seybert, Daniel Sheffey, Richard Stan- Orr; which was read twice, and committed to a ford, Philip Stuart, Lewis B. Sturges, Samuel Tag- Committee of the Whole on Monday next. gart, Benjamin Tallmadge, Uri Tracy, George M. The House proceeded to consider the amendTroup, Charles Turner, junior, Pierre Van Cortlandt, ment of the Senate to the bill "making approjunior, Laban Wheaton, Leonard White, Robt. White-priations for the support of an additional milihill, William Widgery, and Thomas Wilson. tary force;" and the amendment being read, was concurred in by the House.

Mr. WILLIAMS moved to amend the bill, by adding a proviso to the amendment above alluded to: Provided such directions shall not contravene the provisions contained in the first section of this act." [Which directs that every citizen arriving at the age of eighteen shall be put in possession of a stand of arms.]

This motion was negatived-yeas 54, nays 55, as follows:

TUESDAY, February 18.

The House resolved itself into a Committee of the Whole, on the bill authorizing the Secretary of the Treasury, under the direction of the President of the United States, to purchase of Winslow Lewis his patent right for a new mode of lighting light-houses; which, being amended, and an appropriation of $60,000 made, the bill was reported to the House, agreed to, and ordered to be engrossed for a third reading.

PROVISIONAL ARMY.

Mr. PORTER, agreeably to notice, offered to the House the following resolution:

YEAS-Willis Alston, junior, William Anderson, Burwell Bassett, William W. Bibb, William Blackledge, John C. Calhoun, Langdon Cheves, Matthew Clay, James Cochran, William Crawford, Joseph Desha, Samuel Dinsmoor, James Fisk, Meshack FrankResolved, That a committee be appointed to prelin, Thomas Gholson, Isaiah L. Green, Bolling Hall, pare and report a bill authorizing the President of the Obed Hall, Aylett Hawes, Jacob Hufty, Joseph Kent, United States to engage, commission, and organize a William R. King, Joseph Lefever, Peter Little, Wil-provisional military force of twenty thousand men, in liam Lowndes, Nathaniel Macon, George C. Maxwell, addition to the force already authorized by law. Thomas Moore, Samuel McKee, Arunah Metcalf, Jas. Morgan, Jeremiah Morrow, Hugh Nelson, Stephen Ormsby, Joseph Pearson, Israel Pickens, William Piper, James Pleasants, jun., Peter B. Porter, Wm. M. Richardson, Henry M. Ridgely, Samuel Ringgold, John Roane, Ebenezer Sage, Ebenezer Seaver, Saml. Shaw, John Smilie, George Smith, John Smith, Richard Stanford, Silas Stow, William Strong, David R. Williams, and Robert Wright.

NAYS-Stevenson Archer, Ezekiel Bacon, John Baker, David Bard, James Breckenridge, Elijah Brig 12th CoN. 1st Sess.-34

The House agreed to consider the resolution. Mr. PORTER said, that the resolution did not describe very definitely the species of force proposed to be raised. He had purposely couched it in broad and general terms, to prevent any embarrassment to the committee, should one be appointed, whose duty it would be to prepare the bill. He would, however, submit to the House, more minutely his own views in making the proposition. His object was to provide a force sim

H. of R.

Provisional Army.

FEBRUARY, 1812.

sential rights and interests of an independent nation, he was disposed to commence and prosecute war, in the only way in which war could be successfully prosecuted, with vigor and decision. If this course had not been, or should not be pursued, the responsibility would not rest upon his shoul-. ders.

ilar to the one proposed to be raised by the first volunteer bill reported by the Committee on Foreign Relations, and which unfortunately, in his opinion, had been abandoned for one of a different description. His wish was to raise a temporary force for immediate service, and applicable to any military object which the Government might feel disposed to accomplish before the Mr. P. said he felt it his duty, unpleasant as it Army of 25,000, whose formation would be ne- was, to repel a charge which had been made against cessarily tardy, could be prepared for effective one description of the members of the House, service. He wished to hold out an invitation to and in which he might be supposed to be implithe enterprising young men who compose the cated. It had been more than once insinuated volunteer militia, who already possess some know- that the members from the interior are most eager ledge of military tactics; and who, from patriotic for war, because they would be least exposed to motives, will cheerfully offer their services for a its calamities. The remark might have been betshort period and for a definite object; but who ter spared. It was, as to himself at least, wholly will not submit to the drudgery of a camp for without foundation. His residence was on the five years. He wished it to be distinctly under- Niagara river, directly opposite to the point where stood, that his object was to make the services of the whole of the physical force of Upper Canada the proposed corps contingent-not to be employed was concentrated. He lived within reach of the unless in the opinion of the Executive they should guns of a British fort; and no man, in proportion be necessary, and not to be paid except when in to what he had to risk, would put more at hazactual service. This would prevent any unne-ard than himself in the conflict which is to ensue. cessary expense to the Government.

He would say, too, (not, however, by way of begging quarters from the Canadians, for he should never do that,) that he had many valuable friends in Canada-men with whom he was in habits of almost daily intercourse, and for whom he entertained the warmest regard. These men knew that the course which he was pursuing in this House, in relation to Great Britain, did not proceed from hostility to them, nor to the people of the Canadas; but that it was dictated by the same love for the honor and prosperity of his country, which they felt for theirs, and without feeling which he should be unworthy of their friendship. Under such circumstances a war would be peculiarly distressing to him, as well on account of the exposed situation of himself and friends within the United States, as of those in Canada, and with whom it would bring him in collision. But he should feel himself unworthy the confidence of his country, if he could suffer such considerations to govern him in a great question involving the vital rights of the nation. The safety of himself and his constituents was bottomed on this belief, that, in case war is indispensable, it will be promptly undertaken, and speedily terminated; that it will be honorably, at the same time that it is vigorously conducted; and that it will not be disgraced by the savage barbarities and petty depredations, which too often characterize the wars carried on along the borders of neighboring and hostile nations.

Mr. P. hoped his proposition would be met in the same spirit of candor in which it was offered. He was satisfied that on the success of this or some similar measure, the lives and fortunes of many of his immediate constituents, and of many other good people of the United States, were, in the event of a war with Great Britain, suspended. If we could repose any confidence in our own acts and declarations, we had already brought our selves to the verge of such a war, and Great Britain is by this time fully apprized of our intentions. What would be her course of conduct on the occasion? Would she remain supine and inactive, and suffer her territories to be wrested from her, and her subjects butchered, without making an effort at resistance? No, this was not the character of our enemy. In the numerous wars in which she had been engaged, she had rarely been known to give the second blow. And if we continued to go on preparing for war in the good natured, desultory way we had hitherto pursued, he greatly feared that, by and bye, and when we least expect it, we shall receive a stroke which this nation may long have occasion to lament; and for which, if justly imputable to our tardiness and indecision, we could never be forgiven. He would not accuse any honorable member of apathy to the interests of the nation, but he feared we did not realize, as we ought, the highly critical situation in which our measures had placed it. The business of making war was not to be trifled with; Our professed object, at the outset of the war, it was time we should understand each other. was to attack the British provinces; and here, he Mr. P. said he had not the honor to be distinguish-was ready to agree, the enemy was most vulneraed for making high-toned war speeches. He confessed that it was not without hesitation and reluctance that he had brought himself to consent that the nation should abandon its present peaceful, and, in many respects, prosperous condition, for the uncertainties of war. But having, in common as he trusted, with a large majority of the House, satisfied himself that there was no other course to pursue consistently with the es

ble to our power. What, then, he would ask the House, as practical men, was the best course to pursue to attain this object with the least sacrifice to ourselves? He possessed some knowledge of the situation and strength of the Canadas, which he had derived, partly from personal observation, and partly from the information of respectable men who reside there. The British have about five thousand regular troops in Que

FEBRUARY, 1812.

Provisional Army.

H. OF R.

bec, confined exclusively to the defence of that fortifications which this lapse of time will have fortress. These they dare not march, in case of given them an opportunity to erect. During this war, to any distance from Quebec, lest their re-interval, too, we should be exposed to the miseries treat should be intercepted by a force, which could of a savage war along our Western frontiers; and, always be raised and sent in from the New Eng- on the North, to the predatory irruptions of the land States, on a few days' notice. They could Canadians. oppose no obstacle to the subjugation of the upper Mr. P. said, that he had never entertained any country. Independently of Quebec they had not doubts on this subject; and, although he professmore than two thousand or three thousand regu- ed no skill as a military man, he could not hesilar troops in both the Canadas, and these dispers- tate in giving an opinion as to the course we ed over a country as many miles in extent as ought to pursue. Let us, said he, raise fifteen or there were numbers of men. They had no form- twenty thousand volunteers in the Northern and idable fortifications. Most of the efficient force Eastern States. They may be easily obtained in they could oppose to us, consisted in a raw and companies, already associated, armed and discipundisciplined militia of about twenty thousand, lined, and ready to take the field by the middle of who were, in every respect, inferior to our own; May. To these let us add six or eight thousand inferior in arms and equipments, inferior in dis- regular troops, or whatever number of the twentycipline, and, he might well say, inferior in national five thousand that shall then have been imbodied. spirit. No reinforcement could be thrown in until With this army we may overrun Canada, with the St. Lawrence becomes navigable, which will the exception of Quebec, in a few weeks. Let be about the last day of May; and we might safely the army descend to some point on the St. Lawcalculate that no troops would reach the upper rence between Montreal and Quebec; there let country before the first of July. Would it not, a military post be established, and the regular then be wise, (if our object really were to occupy troops stationed; there the soldiers may have time the Canadas,) would it not be a saving of blood to become dexterous artillerists, and the officers and treasure to calculate on an invasion before practical engineers. And, when they shall have the time we had mentioned? We should all acquired a competent degree of skill and science agree that it would; but, he would ask whether in their profession, and have been joined by other we had made any effectual provision for enabling regular troops, they may proceed at their leisure, the President to take such a course? We must to the siege and reduction of Quebec. As reattack Canada, if at all, with regular troops or spects the injury to our enemy, Quebec were betvolunteers, or both. When he spoke of regular ter in their hands than in ours. When its comtroops in contradistinction to volunteers, he meant munication with the interior is cut off, the value by the former, men on long enlistments, who make of the Canadas will be lost to the British, and the profession of arms their regular business; and, Quebec can only be supported at the immense by the latter, men engaged for a short period and expense of sending provisions from Europe. In for a definite object, although, strictly speaking, the meantime, the volunteers may be detached they were both regular troops and both volun- from the Army, go into the New England States, teers. We had been told by some gentlemen, that be there reinforced, and proceed to the attack of the only proper force for this purpose was an army Halifax and the Eastern provinces. The danger of regular troops; that they were more effective suggested the other day by the honorable gentlethan volunteers; that it would be a wanton waste man from Georgia (Mr. TROUP) of proceeding to of the best blood of the country to send volunteers Halifax, before the reduction of Quebec, does not on such a service. He was ready to agree that reg- exist. The military maxim, that an enemy's ular troops were better than volunteers; but had post is not to be left in your rear, does not apply. we got them? We have passed a law to raise The distance between those places is so great, the twenty-five thousand regular troops, but no rea-country so rugged, barren, and inhospitable, that sonable man would say that they could be all raised in time to effect any important service during the present year. The officers were not yet appointed. The men were to be recruited in every part of the United States, from Maine to Georgia and Tennessee, and it would require some months, after their enlistment, to collect them to gether, and march them to some common place of rendezvous, on the enemy's lines. The ques tion is not, then, the abstract one, whether regular troops are better than volunteers; but whether it is better to attack Canada with volunteers, while we have nothing to oppose us but militia, greatly inferior to our own; or whether it will be better to delay a year, and then make the invasion with regular troops, when we shall be met not only by regular, but by highly disciplined veteran troops, every way superior to ours, and they, too, aided by an improved militia, and the

it would be next to impossible to march an army from one place to the other. Beside, the garrison at Quebec would be always kept in check by our army stationed above it. During the whole of this time, the recruiting service would go on to supply the places of the volunteers, portions of whom would be successively dismissed, until the whole army would be converted into regular troops.

If he was not greatly deceived as to the spirit and inclinations of the Northern people, there would be no difficulty in obtaining any number of volunteers that might be required, on the shortest notice. If the State of New York stood alone, unconnected with her sister States, and felt the same disposition to take Canada, which we profess to feel, she would have invited out her militia and reduced it in about half the time we have been talking about making preparations to do it

New York and Vermont will furnish the requisite number of men, if you will fairly give them the invitation. They are ready to offer their patriotic services to the Government for this enterprise; but they will not become slaves to the Army for five years.

But, said Mr. P., the question in this House was not so much whether volunteers were the proper force to commence the war, as it was how we were to avail ourselves of their services? Some gentlemen were of opinion that they could not be marched out of the United States, for the purposes of offensive war, in the character of militia, but that they must be organized as regular or federal troops. Other gentlemen were of opinion, that they might be marched out as militia. And those who held the latter opinion, were again divided as to the grounds upon which they supported it.

FEBRUARY, 1812.

erty of the citizens for the purpose of conducting the war; that, having a right to all the physical force of the nation for the purposes of war, we have, therefore, a right to the militia as a part of that physical force.

Independently of the questionable propositions laid down in this argument, his friend would pardon him for saying that the argument itself was not logical, inasmuch as his conclusion did not follow his premises. If the propositions are true, that we have a right to the physical force of the nation for the purpose of carrying on the war, and that we act, in respect to the war, as a national Government without the agency of the States, the true conclusion must be, that the militia cannot be employed in war. He wished to be understood as using the term war in exactly the same sense in which it had been used by the gentleman from South Carolina, as denoting a state of avowed, open, offensive war, in contradistinction to the defensive operations assigned by the Constitution to the militia. Are the militia a part of the physical force of the national Government? No, the militia are the artificial force of the States. They are the political institutions of the States. They are officered, commanded, and trained by State authority. They live, move, and have their being by the political breath of State authority, and the very moment that authority is withdrawn, they cease to exist. It does not follow, then, that, because we have a right to the physical force of the country for the purposes of war, we have, therefore, a right to the militia. But the converse of this conclusion follows from the other proposition, namely, that in regard to all the operations of war we act as a

His honorable friend from South Carolina, (Mr. CHEVES,) in his very ingenious argument on the volunteer bill, had not only most skilfully, but, he was fearful, too successfully, contended that Congress have the right to coerce the militia into foreign service. Others denied that they could be legally compelled into service, but insisted that they might be employed under a voluntary contract. Mr. P. said, he had given his opinion on this subject at an early stage of the debate on the volunteer bill; and all he had heard or seen since had only tended to confirm his opinion, that militia cannot be employed under the Federal Government in foreign war. After the able discussion which the question had undergone, he could hardly hope to add anything to influence the sentiments of the House. But, as the question was all-important in deciding on the proposi-national Government, and State authority is not tion he had, just submitted-as the adequacy of known; inasmuch as the militia in their organthe forces already raised, and, of course, the ne- ized capacity cannot exist, even in imagination, cessity of an additional one, must depend wholly without supposing at the same time the continued on the question, whether the militia volunteers existence and co-operation of State authority. can be marched to Canada, he would make a few The fair conclusion from the gentleman's premremarks on some of the extraordinary proposi-ises is the true Constitutional doctrine for which tions that had been advanced on this subject as Constitutional doctrines.

I contend, that, if you use militiamen, who are the physical force of the nation, you must form The positions advanced in the argument of the them into federal troops, and commission them gentleman from South Carolina, if he had rightly by national authority, which, the gentleman has understood them, were these: that the Govern correctly stated, is the only authority known in ment of the United States partakes of the two-time of foreign war for the purposes of that war. fold character of a federal and national government; that, in some of its features, it is federal, or a government of States, operating indirectly upon the persons and property of the citizens through the agency of the State authorities, and, in other features strictly national, operating directly upon the people; that the system of national defence against domestic insurrection and foreign invasion, intended to be attained by means of the militia, as provided by the Constitution, exhibits a federal view of our Government, and is a system confined exclusively to a time of peace; that, in time of war, the Government assumes a national character as to all the operations and purposes of the war; that Congress have the sole power to declare and wage war, and that this power involves a right to the persons and prop

A

Among the difficulties with which the gentleman had been obliged to contend in the course of his argument, he had been met at the threshold by the provision of the Constitution which declares the purposes for which Congress may call forth the militia. He had acknowledged that the Constitution was only a delegation of specific powers for particular purposes, and that all powers not expressly granted were retained. He had acknowledged, too, as a universal rule of construction, that, where there is an enumeration of particular powers in relation to any subject, the presumption is conclusive that all similar powers or all other powers in relation to the same subject, were intended to be withheld. He is obliged, therefore, to concede as a consequence, that the enumeration in the Constitution of the purposes

for which the militia are to be employed, excludes the idea of employing them for any other purpose. How does the gentleman avoid the force of this reasoning? Why, sir, he tells us that this provision of the Constitution is limited exclusively to a time of peace, and that he looks to a different part of the Constitution for a right to employ the militia in time of war. Whence is the idea of such a limitation inferred ? The phraseology of the Constitution is general, and is applicable equally to all times. Do the occasions on which the militia are to be called out denote exclusively a time of peace? They are to be called out to execute the laws, to suppress insurrections, and to repel invasions. An invasion, as well as an insurrection, or an opposition to the laws, may, according to the gentleman's idea, occur in time of peace, or at a time other than that of open and declared war; but he must acknowledge that they are all as likely, at least, to happen in time of war as peace.

Our ideas of the militia system were derived from Great Britain, whence we received most of our political institutions. It was fair, in this case, as in others, where we adopt their terms and systems, to look for definitions and explanations of them to their laws, without which they are generally unintelligible.

H. OF R.

control of their militia, to be sent to any part of the world. If the militia are necessary to the protection of the State sovereignties in time of peace, they are emphatically so in time of war, when the States are surrounded by foreign and domestic armies.

The distinction between the duties of militia and of an army, is simple and obvious. It is not only recognised in the Constitution, but in our bills of rights, and in public writers on the elementary principles of government-it exists in the nature of things. There are two distinct purposes to which the physical force of a nation is applicable-the one relating to its safety and existence, the other regarding only its policy. The duties of militia are, to execute the laws, to suppress insurrections, and repel invasions. Without this power to effect these purposes, Government could not be maintained. These duties are not optional, but compulsory; for, without the power to command their services for these purposes, society would be dissolved. The business of foreign war is a totally distinct thing—it is a matter of policy, and it can never be good policy to prosecute a war which has become so unpopular, that the whole pecuniary resources of the country will not enable you to hire men to carry it on. The services of the army are therefore voluntary.

The militia system in Great Britain was, placing But we are told, that the right to employ the arms in the hands of all the independent yeoman- militia is incidental to the power of declaring ry of the country; organizing them into military war. This power to declare war, aided by the corps; training and preparing them for efficient magical delusion produced by calling it a soverservice. The objects were, to defend the country eign power, is made to include a right to the peragainst foreign invasion; and to protect the lib- sons and purses of our citizens, for the purpose erties of the subject against domestic tyranny. of conducting the war. The idea of deducting The functions of the militia are regulated by the powers from our sovereignty, was, I believe, quoacts of Parliament. They are to be employed to ted from the works of General Hamilton-a man, execute the laws, to suppress rebellions, and re- the unceasing labor of whose political life was pel invasions. These are the only purposes for employed in attempts to break down the State which they can be employed, and to these they governments and to establish a monarchial one are equally applicable in time of war and time of in their stead. His favorite argument, when he peace. They cannot be used in foreign war; wished to extend the powers of the General Govthey cannot be taken out of the kingdom. The ernment, was, that the Government was sovereign provisions of our Constitution in relation to the as to all the purposes for which it was established employment of the militia were, undoubtedly, that war, for instance, was one of these purposes, suggested by those in the British statutes, of which and therefore, we are sovereign, or have discretionthey seem to be a transcript, only that we substi-ary powers as to all the operations and incidents tute the term "insurrection" for "rebellion," which means the same thing. We have one peculiarity in respect to the organization of our militia. They are officered and trained by State authority, instead of that of the General Government, to which is committed the power of peace or war. Why this precaution? Not, assuredly, to make them a more efficient military force, by dividing the command among the seventeen independent authorities, but for the obvious purpose of providing a protection to the State governments against the encroachments of the General Government. It is not to be supposed, then, that the framers of the Constitution, after showing such extreme jealousy towards the powers of the General Government as is exhibited in every part of it, and especially on the subject of the militia, would commit to this Government the sole power to declare war, and with it, the entire

of war. The argument meant nothing, or it meant too much. If it only meant that there were certain powers delegated to us by the Constitution, and that these were sovereign, it meant nothing as an argument to ascertain our powers, because the Constitution itself would always be the best and the only criterion to determine the nature and extent of those powers. If it was meant to confer powers which are not delegated, it was in direct violation of an express article of the Constitution. Sovereignty is the power to do as we please. It is a property which, strictly speaking, exists no where but with the Almighty. As to political sovereignty, whatever of it exists in this country rests with the people, who alone have a right to direct the powers of the Government. The essence of sovereignty consists in the exercise of an undefined latitude of discretion. The Federal Government is perhaps the last in the