WEDNESDAY, January 1, 1812.

JANUARY, 1812.

Mr. SMILIE observed that it had been custom

Mr. JENNINGS presented a petition of the Le-ary heretofore for the two Houses to pay their gislature of the Indiana Territory, praying that respects to the President of the United States on the inhabitants of that Territory may be author- the first day of the new year; and the hour for ized and empowered to elect the sheriffs of their doing this having arrived, he moved that the respective counties.-Referred to the Committee House adjourn.

Mr. JENNINGS, Mr. JOHNSON, Mr. RHEA, Mr. ROANE, Mr. REED, Mr. LACCCK, and Mr. DAVENPORT, were appointed the committee.

Mr. Lewis, from the Committee for the District of Columbia, to whom was referred the petition of sundry inhabitants of Washington county, west of Rock Creek, presented a bill concerning the Levy Court of Washington county, in the District of Columbia; which was read twice, and committed to a Committee of the Whole on Monday next.

Mr. MACON presented resolutions of the General Assembly of the State of North Carolina, approbatory of the sentiments contained in the President's Message to Congress at the commencement of the present session, and declaring that the evils which the nation has endured have arisen wholly from the unprincipled conduct of the European belligerents, and that they will support the General Government in such meas ures as may be adopted to promote the interest and secure the union, liberty, and independence of the United States; which were read, and ordered to lie on the table.

The SPEAKER laid before the House the annual report of the Secretary of the Navy, of the application of the moneys drawn from the Treasury for the use of the Navy Department for the last year. Referred to the Committee of Ways and Means.

Mr. MITCHILL wished to make a motion relative to the settlement of estates of certain persons, under the act, now expired, for establishing a uniform system of bankruptcy. Owing to the repeal of that law, though a provision was made in the repealing act for cases not then fully completed under the bankrupt act, certain difficulties had arisen, which he believed it would require a supplementary act to adjust. Mr. M. stated that there were some cases within his knowledge, in which some very important estates could not be settled without some further provision being made by law. He, therefore, moved the follow ing resolution, which was adopted, and a committee of three members appointed to make the inquiry:

Resolved, That a committee be appointed to inquire whether any, and what, provision ought to be made by law for the relief of creditors under the act for establishing an uniform system of bankruptcy throughout the United States and that they be authorized to report by bill or otherwise."

The yeas and nays were called on this motion; they were taken, and the question was lost,

56 to 50.

ADDITIONAL MILITARY FORCE.

The order of the day being called for, the House took up the amendments of the Committee of the Whole to the bill from the Senate for raising an additional military force.

Having come to the amendment which proposed that the officers for eight regiments only should be appointed, until three-fourths of the men were enlisted,

Mr. BURWELL moved to amend the amendment by striking out the words "eight regiments," and inserting "six."

Mr. WRIGHT hoped this amendment would not prevail. He considered this as a war measure, and if we were to economize in this way at the commencement of the business, he should not calculate upon our acting with effect. Our country was too important, and our rights too sacred, to be frittering down measures for their defence in the manner proposed. In proportion, said he, as the commissioned officers are appointed will the recruiting progress. These officers will inspire the people, in the several parts of the country from which they may be taken, with a military spirit, which will induce them to enlist into the service. He liked the bill better before it had received its present limitation as to the appointment of the officers; but, as the Committee had agreed thus to amend the bill, he did not wish to stir the subject again. He hoped, however, the reduction would not be carried any further.

Mr.BURWELL observed that the gentleman from Maryland had called upon the House not to consent, from motives of economy, to fritter away our measures of defence. If, said Mr. B., the House should determine to appoint all the offi cers, as at first proposed, I shall be ready to go with that gentleman, and others, as far as practicable. But, he thought, there was a great difference between expending the public money uselessly, and in such way as to obtain the object in view at the least expense. But, the gentleman says that, if all the officers are appointed at once, the ranks will be much sooner filled than in the way proposed by this amendment. How, said Mr. B., can this be shown? It is well known that these officers will do nothing towards raising the men, and the President can at any time appoint them when they may be wanted. He had not made this motion to diminish the effect of the bill, (for he believed the men would be obtained as soon without these officers as with them,) but in order to make the bill more palatable to many gentlemen who at present object to it on the score of expense. If the twenty-five thousand men could be raised by enacting the law,

Proceedings.

there would be propriety in appointing the offi- Mr. ALSTON stated it to be a very extraordinary cers at once; but no man can believe that four or thing that an application should be made for an five thousand men will be enlisted in four or five extension of a patent which had not been granted months; and, as the President will have the pow-more than two years. After some remarks from er to appoint the officers whenever they shall be wanted, no inconvenience can arise from deferring the appointments till that time. And it is, besides, probable that the President will have it in his power to make better appointments then than now, from having more time in which to make the proper selection of characters for the purpose. It ought to be recollected that one-third of the expense of the support of this army, goes to the payment of its officers, and if they were to be appointed immediately, this expense would be incurred without producing any benefit to the country.

After some objections from Messrs. FISK, PITKIN, QUINCY, and ALSTON, the resolution was negatived. It was stated to be a novel procedure; that if this claim were to take the proposed direction, there were hundreds of others might follow it. It was hoped that Congress would never send any claim made upon the Government to be decided in her courts. This, said Mr. ALSTON, "would be throwing the independence of the country at the feet of the Judiciary." This The SPEAKER announced a bill from the Sen- claim, though it appeared in the name of an indiate extending the time of certain patents granted vidual, it was stated was more in the nature of to Robert Fulton, which was twice read, and com-a claim of the French Government upon the mitted; though not without some objections.

H. of R.

appeal to every member who hears me to support my assertion, that no man in the United States, who is industrious, is under the necessity of enlisting for that purpose. Labor is well paid for; those who are obliged to labor for hire are well paid and well fed. They are under no necessity of enlisting to obtain a livelihood, and few of them will do it of choice. I know that men, very worthless at home, have, under military discipline, become excellent soldiers. But these are very few in number, and probably most of them already engaged; and we know they have not filled the ranks of our present Army.

NAYS-Willis Alston, junior, William Anderson, Stevenson Archer, Daniel Avery, John Baker, David Bard, Burwell Bassett, Abijah Bigelow, Elijah Brigham, Langdon Cheves, Martin Chittenden, James Cochran, John Clopton, John Davenport, jun., Roger Davis, John Dawson, William Ely, James Emott, James Fisk, Asa Fitch, Thomas Gholson, Felix Grun dy, Philip B. Key, Abner Lacock, Lyman Law, Joseph Lefever, Joseph Lewis, jun., Peter Little, WilThe nations of Europe, with whom we have liam Lowndes, Nathaniel Macon, Archibald McBryde, relations, are otherwise situated. At all times Alexander McKim, Samuel L. Mitchill, Jeremiah Mor- there, they have thousands who find great diffirow, Jonathan O. Moseley, Hugh Nelson, Thomas culty in earning their bread, and who, with their Newton, Joseph Pearson, Timothy Pitkin, jun., Peter families, live on a very scanty and uncertain B. Porter, Elisha R. Potter, Josiah Quincy, William maintenance. But, when war commences, the Reed, Samuel Ringgold, John Rhea, John Roane, manufactories and usual channels of commerce William Rodman, Thomas Sammons, John Sevier, are deranged: and, by this means, thousands of Adam Seybert, Daniel Sheffey, Richard Stanford, Phi- men are thrown out of employment, who are lip Stuart, Silas Stow, Lewis B. Sturges, George unfit for any other busines but that small branch Sullivan, Samuel Taggart, Peleg Tallman, George M. of mechanical labor to which they had been acTroup, Charles Turner, jun., Pierre Van Cortlandt, customed. To these, enlistment in the army afjun., Laban Wheaton, Leonard White, David R. Wil-fords a comfortable retreat from starvation. Hapliams, Thomas Wilson, and Richard Winn-66.

Mr. SMILIE moved to add the following words to the end of the first section of the bill, "if in the opinion of the President the public service shall require such appointments to be made."

Mr. FINDLEY-Mr. Speaker, I have voted for every amendment that was calculated to lessen the nominal amount of the army proposed to be raised by the bill from the Senate; but I have not engaged in debate, nor moved any amendment of my own. I will, however, vote for this amendment, proposed by my colleague (Mr. SMI LIE,) as I have done for others of the same import, not, sir, with a view to lessen the effective force of the proposed army, but to increase it. The effective force of an army depends on the number of fighting men, and not on the number of regiments on paper. Officers must and ought to be paid and otherwise supported agreeably to their rank; but they cannot fight our battles without a competent number of privates under their command. I believe such a number cannot be obtained by enlistment in the United States in any given time we can prescribe. There are not in the United States twenty-five thousand men, in addition to the present establishment, which requires several thousand to render it complete, who are disposed to enlist as private soldiers, subject to military discipline, or that stand in need of that resort for support.

Mr. Speaker, I am now an old man, and have had much opportunity for observation. The enlistment of soldiers came early under my notice. I have paid attention to its progress, both in Britain and in the United States; and, from observation and experience, I am convinced that the United States contain very few of such people as usually enlist to fill the armies of Europe. We have none that are obliged from necessity to enlist in order to obtain bread. I think that I may

pily, the. United States have no such class of society.

Mr. Speaker, I hope that these observations will not be considered as intended to cool our ardor in proeuring redress for the wrongs we have suffered. They are intended to invigorate our effective exertions-they are intended to prevent a deceptive support. No alternative for war is now proposed by any member. I want to engage in war, if it cannot be avoided, in such a manner as we can support it with honor. I want to bring all our force into action in the manner in which the people are willing to act. I wish to enlist into the proposed regular army, all who can be enlisted into it. I consider the militia as the great reserve on the back ground, and a very valuable reserve they are. I wish the bill calling into service the volunteers, which was laid aside a few days since, passed into a law. I wish that men should also be raised on short enlistments. Every member who hears me, sir, and who attended to the progress of the only war in which the United States, as a nation, were ever engaged, knows the use of all those different kinds of force. Those who conducted us through the Revolution, employed every kind of force which the country would willingly produce, in the way in which men were willing to act.

Sir, when the war that established our independence commenced, Congress, composed of the most intelligent and respectable patriots, recommended the raising of a number of regiments. I remember well, that to Pennsylvania eighteen were allotted; but after all the exertions that could be made by recruiting officers, aided by every farmer, who, even if he was not a good Whig, encouraged recruiting, that he and his family might be saved from militia service; yet, after all, the regiments were not filled; and to prevent the officers exceeding the due number of

privates, Government were obliged to turn two regiments into one, and to give an honorable dismissal to the disarranged officers. This is a circumstance too well known to men of that age to be dwelt on now. I was one of the three county commissioners who taxed the property to raise thirty pounds each, for a prescribed number of recruits, in addition to their public emoluments; and, even after all this the State line of the Army was not completed; but we had to resort to short enlistments and militia service. When the Indian war commenced under the present Government, and the army commanded by General Wayne was raised, with all the industry that could be used, the ranks of that army, during the five campaigns, were but about three hundred more than half filled at the highest. By resignations, &c., vacancies were numerous, and the President never filled them by new appointments till a session of Congress had intervened. On speaking to him about filling up some vacancies, he answered by asking me, with a smile, whether I did not think there were officers enough to command all the men we had in our ranks? An additional reason, however, was assigned for permitting a session of Congress to pass, viz: the probability that Congress would unite some regiments, and derange the state of the officers, as had been done in the former war. I believe the President follows the same method at present.

The next army that was attempted to be raised was during the hostilities with France. I then gave my opinion, not only on the floor, but to the Secretary of War, that the ranks could not be filled, and that it would be an army of officers It proved to be so; as soon as a certain description of people about towns and cities were enlisted, recruiting stopped.

During the war conducted by General Wayne, recourse was necessarily had to short enlistments and militia service, where a recruit could not be procured for the regular Army. I have observed full companies of rangers for eight or ten months raised in a few days. Indeed, I never saw difficulty, or much delay, in raising such troops.

JANUARY, 1812.

regiments are enlisted. The whole subject will be before Congress during the session; and, probably, before the men for the six regiments are raised, Congress will have no difficulty in saying whether or not the remaining regiments shall be raised.

Mr. TROUP observed that, if it were found, some time hence, that 25,000 men were unnecessary, Congress could at once say, that only a certain part should be raised. It had, in his opinion, been correctly said, that, if we do not want 25,000 men, we do not want one man. Can the gentleman from Pennsylvania doubt that 5,000 men will be wanted for the defence of New Orleans? And is it not stated by the Secretary of War, that 12,000 men will be wanted for the fortifications on our seaboard, exclusive of the aid to be derived from the militia, which takes 17,000 out of the 25,000 men? And is there a man, who has a knowledge of military affairs, who would be willing to sit down before the Gibraltar of America, Quebec, with less than 20.000 men? In his mind, however, the capture of Halifax would be more important than Quebec. as from thence may be expected the chief attacks upon our commerce; but Halifax could not be taken until Quebec was first secured. He could see no reason for adopting the amendment.

Mr. MeKIM said, it was peculiarly the province of Congress to raise armies. Why, then, throw the responsibility upon the President, who, by an honest error of opinion, might use the power improperly? Why should Congress shrink from this responsibility? It is for us, said he, to do the whole of the business, and upon us the whole responsibility ought to lie. For these reasons, he was opposed to the amendment.

Mr. CALHOUN voted in favor of the amendment

of the gentleman from Georgia, though he was in favor of raising the whole 25,000 men, because he wished to carry the present measure by as large a vote as possible. He believed nothing but the most energetic course would answer any purpose. The news of the steps already taken have, no doubt, passed over the Atlantic. The country Gentlemen argue for the greatest number of against whom we are taking measures, may have regiments, from the necessity of being able to taken her stand. Unanimity and decision in our make a strong impression to secure the object. I Councils alone can save the country. He be. am equally impressed with that necessity; but it lieved the public sentiment was with Congress; is not an army on paper that will make that im- but if gentlemen will not, in any instance, sacripression; and I am convinced, by observation and fice their opinions, but pertinaciously insist upon experience, that the army proposed by the Sen-amendment after amendment to measures brought ate will long be such. I am for employing sol- forward for our defence, we might be forced into diers in every manner in which they are willing war before we are prepared for it. We ought to serve. I am, sir, in favor of employing as many either to submit, or make an energetic defence. regulars as can possibly be procured, aided by He perceived that the public sentiment began alevery other description of troops that are suited to ready to doubt whether Congress was really in circumstances and to the state of the country, earnest, from the tardiness of their movements. He should vote against the proposed amendment in order to prevent farther delay.

Mr. ALSTON said he should vote against the amendment, not from any fear that the President would abuse the power proposed to be placed in Mr. BIBB said, if he understood this bill, it did him, but because he was against making any not contemplate to raise a number of men suffimore amendments to the bill which were not ma- cient, in case of war. The amendment introterial. He thought there were sufficient restric-duced by the Speaker, provided only for the raistions in the bill already. Some time will elapse ing of six regiments in the first instance. The before the three-fourths of the men for the six proposed amendment goes no farther, as it says,