Abbildungen der Seite

Jax. 5—10, 1826.] Florida Canal. Security of Public Money.-On the Judiciary.


of the offices of the Government, so as to prevent the ne. FLORIDA CANAL.

cessity of having a separate, or home department. The

whole subject required considerable consideration ; but Mr. HAYNE, of South Carolina, stated, that he had re he had his doubts as to the propriety of requiring an officeived a memorial, which he was requested to present to cer, who was one of the President's Cabinet, to give the Senate, on the important and interesting subject of a bonds. That the office of the Attorney General required Canal to connect the waters of the Atlantic and the Gulf of further regulation, he was well satisfied-but he doubted Mexico, across the Peninsula of Florida. It appears that if it was proper, in a bill of this kind, connecting it with the Legislative Council of Florida, deeply impressed with subordinate offices: therefore, he should not propose any the importance of a work which they suppose will relieve amendment to that effect. Mr. H. then proceeded, and the commerce of the United States from heavy losses now briefly explained the several provisions of the bill. sustained from shipwrecks, had, in December last, passed Mr. CHANDLER, of Maine, said that, when he made an act, appointing Commissioners to report on the expe- the suggestion the other day, respecting the Attorney diency of opening such a Canal. Three of the most emi. General, alluded to by his colleague, he did not intend nent citizens of the Territory had been appointed, pursu- that he should be required to give bonds to execute any ant to the provisions of that act, one of whom (Col. James part of his duty as an adviser of the President; he would Gadsden) was advantageously known to the country as most probably give his opinion faithfully without being formerly a distinguished officer of the Army of the United under bond. Mr. C. said he had been told that the AttorStates, and a man of great talents as a civil and military ney General received money, as well as the District AttorEngineer. It appears from the memorial forwarded by neys; he, therefore, thought it proper he should likewise these gentlemen, that they are ready to enter into the du- be required to give security. ties of the appointment, which are to be gratuitously per Mr. WHITE, of Tennessee, offered several amendformed, so soon as such aid should be afforded by the U.ments to the details of the bill, which were agreed to; and States as was deemed essential to the successful execution the bill was ordered to be engrossed for a third reading. of the task. It was deemed by these gentlemen essential The Senate adjourned to Monday. that skilful Engineers should be appointed by the United States to accompany the Commissioners in making the ne

MONDAY, JANUARY 9, 1826. cessary explorations, and the memorial asks of Congress

Mr. VAN BUREN, from the Committee on the Judithe necessary aid to enable them to enter immediately on ciary, to whom was referred so much of the President's the work. Mr. H. said he presumed that whatever might Message as related to the Judiciary, together with the be the final decision of Congress on the subject of this several resolutions which had been submitted on that subCanal, it was due to the respectable source from which ject, rose to make a report. The subject of amending this memorial emanated, that it should receive the most the Judicial System of the United States had, he said, respectful consideration. He, therefore, moved that the been before that committee for the last two or three sesmemorial and the act of the Legislative Council of Florida sions, and had always proved a matter of great difficulty. be printed for the use of the members. Mr. H. then pre- During the last session of Congress the Judiciary Commitsented the memorial of James Gadsden and Edward R. tee of the Senate had reported a bill " to increase the Gibson, Commissioners appointed by the Legislative number of Associate Judges from sis to nine, and of the Council of Florida, “to examine into the expediency of Circuits from seven to ten," which, together with an ex"opening a Canal through the Peninsula of Florida, fíom tension of the time for holding the term of the Supreme “ the waters of the Gulf of Mexico to the waters of the Court, was all the improvements that were then contem“ Atlantic,” accompanied by the said act, and praying for plated. That bill was discussed, and received the assent au of Congress for the immediate exploration of the of a majority of the Senate, but was not finally acted on country, under the direction of skilful Engineers; which, for want of time. The committee had again considered on motion of Mf. HAINE, was ordered to be referred to the subject, and had bestowed on it all the attention the Committee on Roads and Canals, and to be printed for which its importance required; and a majority of the comthe use of the Senate. Mr. JOHNSTON, of Louisiana, said the gentleman visions with that which was reported last session; although

mittee had concluded to report a bill containing similar profrom South Carolina had presented a paper on a subject they believed it not to be free from objections, still it was which he himself was just about to rise to bring to the less objectionable than any the committee were able to notice of the Senate in the shape of a bill; and he now devise. What was of still more importance, they believgave notice that he should, on Monday next, ask leave to ed it was a measure which was likely to succeed; and this introduce a bill for a survey, and estimate of a Canal opinion was strengthened by the fact that a bill containthrough the Peninsula of Florida, from the mouth of st. ing substantially similar provisions had been reported by John's River to Vocassassa Bay, in the Gulf of Mexico, the Judiciary Committee of the other House, where it had and to ascertain the practicability and expense of a ship apparently been received with favor, and partly acted on. channel.

Mr. VAN BUREN then reported the bill “further to SECURITY OF PUBLIC MONEY.

amend the Judicial system of the United States;" and the The Senate proceeded, as in Committee of the whole, bill “altering the time of holding the session of the Suto the consideration of the bill “to provide for the secu- preme Court of the United States;” which were read, and rity of public money in the hands of Clerks of Courts, At- passed to a second reading. torneys, and Marshals, and their deputies.”

Mr. VAN BUREN, from the same committee, to whom Mr. HOLMES, of Maine, said this bill had been post- was referred the bill “ prescribing the modes of componed a few days ago, from the suggestion of his col- mencing, prosecuting, and deciding controversies be. league, who had inquired why the Attorney General tween States,” reported it without amendment; but said should not be required to give bond, as well as the Dis- it was the unanimous opinion of the committee that it trict Attorneys. He had paid some attention to the sub-ought not to pass. (The bill was, subsequently, on moject, and he thought such a provision would be rather in- tion of Mr. Robbins, laid on the table.] congruous in a bill of this kind-though he was satisfied that it would be well some provision should be made re. specting the duties of the Attorney General at the Seat

TCESDAY, JANGANY 10, 1826. of Government. He was not sure but it might be neces The Senate proceeded, as in comunittee of the whole, sary to regulate the conduct of the officers of some other to consider the bul "to revive and make perpetuai an


Florida Canal.-Florida Wreckers.

[Jax. 11, 1826.

act, entitled 'an act fixing the compensations of the Se communicates with both seas in a deep channel; its discretary of the Senate and Clerk of the House of Repre- tance not exceeding two hundred miles, and may be, in sentatives, of the Clerks employed in their Offices, and of time, with increased advantage, extended to Pensacola the Librarian."

Bay, and thence to Mobile Bay. That from St. John's to Mr. RANDOLPH, of Virginia, said, although he knew Vacassatsa Bay, is a work of easy execution. The Peninit was a received maxim, de minimis non curut lex, yet sula is of secondary for nation, or alluvion, with little eles often, in small matters, bad precedents crept into legisla- vation, and penetrated by a chain of lakes, winch deviate tion; therefore, he should move to strike out the words only a small distance from the shortest line of communicamaking this act perpetual, because he did not think there tion between the two seas. The distance is not more than ought to be any perpetual law, under this or any other 92 miles, 18 of which are already navigable by the river. Government, except the fundamental or constitutional Throughout the remaining 74 miles, the soil is light, with law. He believed it was very well that these acts, and all little elevation, easily excavated, and many natural facilities. other acts, should come under the revisal of the Legisla- From the St. John's river, the first 16 miles are alluvion, ture, from time to time. A very wise provision was made with an elevation of only three feet above the waters of in relation to the appointing power of the President, ap- that river. From thence the line passes over a region pointing certain officers only for a limited time, that the whose elevation is estimated at eleven feet, but indented appointments might be revised from time to time by this throughout by lakes, valleys, and creeks. It is formed of Hvise; and if it held good in relation to appointments, it a strata of sand and clay, and bedded on limestone, lying would, a fortiori, hold good in relation to laws. As it probably below the point of excavation. The remaining would be necessary, after striking out, to put in some pe- 25 miles of the line is a gentle inclination from the Great riod of limitation, he would propose it should continue in Prairie Alachua to the Bay of Mexico, with sand, clay, and force till the 3d of March, 1830.

broken fragments of stone, mixed, and easily removed. A division of the question being required, it was first Throughout the whole line there is an adequate supply taken on striking out, and decided in the affirmative; of water, with an elevation of four feet in the centre, and and, after some conversation between Messrs. EATON, a declination from that height to the Atlantic in 31 miles, HOLMES, and RANDOLPH, as to the tiine to which the and to the Bay of Mexico in 34. act should continue in force, Mr. HOLMES moved to in It is, moreover, to be observed, that, by uniting the sert "four years, and thence to the end of the next ses channels of a chain of Lakes that extend into the interior, sion of Congress, and no longer.” Mr. CHANDLER you will greatly diminish the line of excavation, the labor, moved three years, and thence," &c. which was car- and expense, while you will only increase the line of com ried, and the bill was then ordered to be engrossed for a munication 13 miles. Thus much, said Mr. J. I have deemed third reading

it necessary to say, in regard to the two routes designated. FLORIDA CANAL.

But there are other and higher considerations connected

with this subject, that claim the attention of this body. I Mr. JOHNSTON, of La. said he would make a few re- mean the possibility of a ship channel across the Peninsula marks in explanation of the object of the bill. It provides, an object which, if accomplished, would operate an extrasaid he, for an examination of all the country South of the ordinary revolution in the navigation and commerce of this St. Mary's and Appalachicola rivers, to ascertain the most continent. From the information which I have on this eligible route through which to connect the Atlantic and the subject, and the opinions of practical, experienced, and Bay of Mexico. It contemplates, after this reconnoissance, scientific men, I do not entertain a doubt that the work is a scientific survey of the several routes, with a view to ob- practicable-at an expense which the object fully justifies tain all the facts in relation to the localities of the country and within the means which we can fairly devote to it. and the coast, and to obtain such plans, estimates, and opi At present, more than one-half of the territory of the nions, as will hereafter enable Congress to act on this United States depends on the Mississippi river, and onesubject.

third of the population, and this proportion constantly inThe measure proposed has in view two distinct objects: creasing, have their commerce through the Bay of Mexico. 1. A Canal, in connexion with a general system of inland na. It is the object of this bill to supersede the passage round vigation. 2. The practicability of a ship channel. I feel it, the Gulf of Florida. Of the political and commercial adsaid Mr. duty, as well from the public station which i vantages of this co.nmunication, I shall reserve the exposifill here, as the peculiar interest and position of the State 1 tion until the bill is reported to the House. represent, to bring before this House, separately, a sub The bill was then, on motion of Mr. Jouxston, referred ject which concerns my State, which unites every interest, to the Committee on Roads and Canals. and in which, happily, we can all concur without violating any constitutional principle. The connexion of the Gulf

WEDNESDAY, JANUARY 11, 1826. of Mexico with the Atlantic forms a part of the great sys

FLORIDA WRECKERS. tem of inland navigation. It is the most important link in the chain of communication. It is the point of union be The Senate then proceeded to consider, as in Committween the two great portions of our country--the East tee of the whole, the bill “to anmul an act concerning and the West. "Its political, military, and commercial ad-wreckers and wrecked property, passed by the Governor vantages need not be illustrated here. The public opinion and Legislative Council of the Territory of Florida.”. is already sufficiently enlightened and determined. "It re Mr. VAN BUREN moved to strike out so much of the mains only for us to give it effect.

bill as deferred the period of its going into operation, unIn regard to a canal navigation, it is satisfactory to know, til the first day of March next. He observed, that, as the that the work is not only practicable, but of easy execu- provision of the bill was a matter of considerable interest, tion, and at a small expense.

he would state as briefly as the subject would admit of, Many routes have been indicated, all of which are pro- the reasons which had induced the Committee on the Jubably convenient, but it requires an accurate survey and diciary to report it. He said, that, by an established prinestimate, to obtain a knowledge of the localities and ex- ciple of maritiine law, a reasonable compensation is alpense, to enable us to decide. "Two routes have been par- lowed to every person who saves property wrecked on ticularly mentioned in the bill. That from St. Mary's to the high seas. The salvor has a lien on the property for Appalachicola is deemed practicable, and thought to pos- his salvage, and his remedy in the District Court of the sess many advantages. It passes through a sandy soil, of United States, to ascertain its amount and enforce paymoderate elevation, abundantly supplied with water, and ment. By the established practice of that Court, appro

Jan. 11, 1826.

Ohio School Lands.


priate proceedings are prescribed, which enable it to do ceiving information of the fact, sent their agent to the spot. justice to all concerned, by securing to the owners of the On his arrival, he found a great part of the cargo already wreck the best practical notice, by making order for the on board of a vessel for Havana, and other vessels ready to security of the property during the progress of the claim, take the residue to different places, where it would have and by instituting an examination into the circumstances been impossible for the owners to have followed it, the of each case, and settling such rate of salvage as is just and packages broken, the marks effaced, and a salvage allow equitable; which, in the absence of treaty stipulations be-ed by the Jury, which induced him to pay, $72,500 for tween the Governments of the salvor and owner was left the ransom of the brig and cargo. This sum he paid, and entirely to the discretion of the Court; and, finally, by mak-submitted, moreover, to the most vexatious and oppresing disposition of the residue, after deducting the salvage sive impositions by the wreckers and their friends and allowed, including the right of adjudicating upon con- abettors. But there was, he said, one view of the subject tested claims thereto, if any such existed. Such, he said, which superseded the necessity of further observation on had been the result of this mode of proceeding, that there the provision of the act in question, or the abuses which did not now exist a Legislative provision upon the subject had been practised under it, and that was, that the Legisas it respects civil salvage, nor had any, to his knowledge lative Council had no authority to pass it. By the act esor belief, been thought necessary since the establishment tablishing the Territorial Government, a limit is put upon of the Government. By the act establishing a Territorial the Legislative authority, that they shall pass no law

inGovernment in Florida, the Judicial power was vested in consistent with the Constitution and laws of the United two Superior Courts, and those Courts are clothed with all States. By the same act, the Superior Courts of the Terthe powers of the District Courts of the United States, in- ritory are vested with exclusive Admiralty and Maritime cluding exclusive original Admiralty and Maritime juris- jurisdiction. The act proposed to be annulled, gives to diction. It is made the duty of the Courts, respectively, Justices of the Peace Admiralty and Maritime jurisdiction, to hold their terms at Pensacola and St. Augustine: thus in palpable violation of the fundamental law of the Teraffording to the wreckers on that coast, all the advantages ritory. for the recovery of their salvage, and to the owner, all the Mr. V. B. said, that he had been informed, since the security for their property which, by the law of the land, report of the committee, that the Superior Courts had dewas extended to the citizens of the United States in gecided that the law in question was unauthorized and void. neral.

He had not learnt on what grounds that decision was It appears that the inhabitants and Legislative Council made, but presumed it was, as well it might be, on the of Florida are not content with the law as it stood, and plain principle he had stated. It was on that account that have passed the act proposed to be annulled by the bill he wished the bill amended, so that it might go into opeunder consideration. The act, he said, had been read, ration immediately, and that the asgent of Congress might and would be found to contain many provisions of an ex- in no way be given to its validity, which would be the traordinary and highly exceptionable character. By it, the case if the bill passed as it now stands. wrecker, instead of libelling the property in the Superior The amendment was agreed to, and the bill ordered to Court, and subjecting it and its future disposition to the be engrossed for a third reading. order of that Court, is directed to report it to a Justice of

OHIO SCHOOL LANDS. the Peace or Notary Public, who is authorized to summon a jury of five men; two of whom to be selected by the The Senate then proceeded, as in Committee of the wreckers, two by the owner, and one by the Justice or whole, to consider the “Act to authorize the Legislature Notary: or, in the absence of the owner, (a case doubtless of the State of Ohio to sell the lands heretofore approof common occurrence,) the other three Jurors to be se- priated for the use of schools in that State,” which was relected by the Justice or Notary. To the award of this jury, ported this day from the Committee on Public Lands, is submitted the whole interest in question; including not without amendment. only the rate of salvage, but the disposition of the wreck; (This bill authorizes the sale of school lands in the State and the Clerk of the Territory is charged with the execu- of Ohio, and the investing the money arising from the sale tion of the award. Notice of it is to be published, for in some productive fund, the proceeds of which are to be twelve months, in a paper published in the Territory, and, applied, under the direction of the Legislature, for the if not claimed within that time, the whole property to be use and support of the schools in the Townships and Dislong to the salvors; if not claimed, the Territory to have tricts; the sale not to take place without the consent of the 10 per cent on the value of the property; if claimed, 5 inhabitants of the several Townships, &c.] per cent on the surplus, and, in all cases, 3 per cent on Mr. KING said, the committee to whom the bill was rethe whole value of their property—the Justice, Notary, ferred, had taken the subject into consideration, and had and Clerk, have, also their per centum, and the Jury a thought there was not, in reality, any necessity to legisper diem allowance. The circumstances under which the late on the subject. The power had passed away from the law was to be executed, he said, teft little doubt that its General Government, to interfere in any manner with it. execution, for the most part, devolved on men who had The committee thought the bill unnecessary, and perhaps personal interests in the subject, and would, of course, inexpedient, as it might be drawn into a precedent here. lead to gross perversions of justice. That such had been after. the result, the committee, he said, entertained no doubt. Mr. EATON was of opinion that, as these lands were From the general statements which had been made, and granted to the State of Ohio, to be held in trust for the which the committee thought entitled to credit, it ap- benefit of the inhabitants of the townships, that Congress peared that the greatest abuses had been practised under had no control over them. There was a question whether the act in question-by omission to provide for the safety the land would not, at a future time, become more profitof the property during the time allowed for ransom, by able, and produce a greater revemie, than if it were to be improper conversion of the fund, and by the allowance of converted into money, and that money placed in Banks or unexampled rates of salvage from 75 to 90, and, in one in- elsewhere. He thought the course formerly pursued by stance, as high as 94 per centum. The case of the brig the Government the better one; and that the time wouid Hercules had been particularly stated to the committee. come when this land would be the best fund they could From the documents on the table, it appeared that this possibly have: he thought it better the bill should not be vessel had been carried into Key West, having received acted on. but little injury, at least in comparison the amount of Mr. RUGGLES said, that there was a difference of salvage allowed. The underwriters in New York, on ro- opinion as to whether the Legislature of Ohio had a com

Vol. 1-4


Ohio School Lands-Prevention of Desertion.

[Jan. 12, 1826.

plete control over these lands, though the majority of the to silence which doubts, and prevent the depression of the Legislature were of opinion that they had; yet, to put the price of those lands, which those different opinions and whole thing at rest, and to allow the Legislature to pro- doubts are calculated to produce, when they shall be ceed without any embarrassment, they had applied to brought into market, the Representatives from that State Congress for its sanction to sell; as, at any rate, this sanc- uge, that this bill ought to pass: that it can do no harm, tion would quiet any doubt which purchasers might have and may do much good: that if the United States had of the title, unless the consent of Congress was obtained. no title to the lands, the passage of the bill would be

Mr. HARRISON had had the honor of a seat in the Se- harmless: if she had a title, that title, by the passage of nate of Ohio when this matter was brought before it, and the bill, would be vested where all acknowledged it ought there was not an individual in that body but was convinc- to be. Mr. R. said he had before remarked, that the Se. ed that the State had an entire control over the land; but nate could not act upon that dubious aspect of the quesin the State it was otherwise. These sections of land are tion. To do so would argue an incompetence in the Seinhabited by the most indifferent class of men to be found nate to its duties, which would and ought to derogate in the Western Country, who removed the timber, and much from its character. But, said Mr. R. the State of whatever else was valuable, and the people were desirous Ohio knows her own rights-let her exert them. He disthat the land should be sold, and the fund placed where liked to see a State apply to the General Government, to they could come at the avails in an easy manner. be instructed in her rights, or to be advised as to the man.

Álr. HOLMES thought the Legislature of Ohio had no ner in which she should exercise them. He disliked the control over the land at all, without the consent of the in- precedent. The Judiciary Department of the United habitants-it is a grant in fee to the inhabitants of the States had, in some instances, as he believed, encroached townships, and Congress could not in any way interfere. upon the rights of the States

. He was unwilling to see It was a common thing amongst them in the North, where the Congress invited to do the like. He disliked to see the a tract of land had been granted for the use of schools, or States even willing to see their rights narrowed from any of the Ministry, to change the nature of the property by quarter---still less could he consent to assist them at their the consent of the Legislature, and, in this way, the Legis- own solicitation, to diminish their rights. He considered Jature of Ohio could interfere.

the excellence of the division of this country into States, Mr. WOODBURY suggested, that the gentleman from to consist, mainly, in the capacity of the States to compreMaine had probably not adverted to a proviso in the bill hend their rights, and exert their energies in the protecpreventing any sale without the express consent of the re- tion of their citizens, and in the promotion of their prosspective towns; either the Union, the State of Ohio, or the perity and happiness—a capacity which a single Governrespective towns, had the whole interest, or each a frac-ment, comprehending their Territory, could not possess, tional interest in these lands. Whichever might be the or exercise so beneficially to the citizens, or favorably to truth on a strict legal construction, it seemed expedient their liberties, as the States can. He believed that the best to pass a bill like the present, to quiet doubts and contro- rights and interests of the citizens depended upon the versies: for then the consent of the grantor, or the grantce, maintenance, and exercise, by the States, of all their leand the cestuyque trust would all be had before the title gitimate rights. He believed that this bill tended to narwas pretended to be conveyed to any individual. The ex- row the rights of the State of Ohio, and that its passage pediency of selling these lands, and altering the character would form a dangerous precedent, in relation to the other of the funds for the aid of schools, he was willing to leave States and therefore, he repeated, that he must vote to the decision of those most interested in their expendi- against it. He felt reluctant to contravene the wishes of ture. The people

of Ohio had both more knowledge his friends from that State. But he consoled himself, that about the sales, and more at stake in the benefits of them, no injury would be inflicted upon that State, by the rethan we had; and, should the bill pass, he thought there jection of the bill: for it was evident that the lands might was no danger of their wasting funds so important to their be sold by the State, with the consent of the townships, welfare, and expressly required by the bill to be in future which were the costuyque trusts. They were competent devoted to their original and laudable object.

to give their assent, and the State was competent to act as Mr. ROWAN stated, that the bill asserted that the right trustee. A more competent or fit trustee than a sovereign to the school lands was in the State of Ohio, and yet pro- State, to manage the interests of her citizens, could not vided for a release of that right by the United States. well be thought of. Now, either the United States had, or had not, title to Mr. BERRIEN thought there were two material objecthose lands. If the title was in the Legislature of the State tions to passing the bill; in the first place, it was an excess of Ohio, for the benefit of schools, as the advocates of this of legislation which ought always to be avoided; and, in bill asserted, then the bill providing for a release of that the second place, the Legislature of the Union was not title by the United States, was useless. It was worse than the proper tribunal before which doubts of this kind ought useless. The passage of it would imply a reproachful ig- to come. The Courts of the Union were the proper tri. norance on the part of Congress of the nature and extent bunals to decide such questions. Mr. B. spoke a short time of the title of the United States to those lands. If the title in sustaining these objections to the passage of the bill. to those lands was really in tlfe United States, it ought to The above embraces the substance of the discussion, be so stated in the bill--and not as the bill purported, that which, in replies and rejoinders, continued some time. In the title was in the Legislature of the State of Ohio. But the end, it was evident, Mr. R. stated, that the United States bad On the motion of Mr. CHANDLER, (who thought the no title to those lands--that she had absolutely relinquish- right of the United States to interfere ought to be ascered them to the Legislature of the State of Ohio for school tained before the bill passed,) the bill was laid on the purposes, upon the erection and admission of that State table. into the Union, and therefore, he was against the bill, as an act of superfluous legislation, which could not be pass

TAURSDAY, JANUARY 12, 1826. ed by that body, consistently with proper self respect-as an act not within the sphere of its legitimate powers. But

PREVENTION OF DESERTION. it is alleged, said Mr. R. that although the Legislature of The Senate then proceeded, as in Committee of the the State of Ohio is entirely satisfied that the title to those whole, to consider the following bill, "to prevent deserlands is exclusively in that State, yet there are many per- tion from the army and for other purposes.' sons in that State who entertain a different opinion--and Be it enacted, &c. That, from and after the first day of there are many who have their doubts upon the subject; Janc next, there shall be retained from the monthly pay,

Jax. 12, 1826.)

Prevention of Desertion.


as now authorized by law, of each non-commissioned offi- H. thought would derive their character more from him cer and soldier of the United States' Army, enlisted after than from any other man in the army. Ile could refer to that date, per month, until the period of his dis- the authority of a most respectable officer to support his chargé, as a security for his faithful service; the sums so opinion. He was informed by General Bernard, that there retained to be passed to the credit of the said non-com- was in the French army, an intermediate grade between missioned officer and soldier, and paid by the Paymaster the commissioned and non-commissioned Officers, called to him, at the expiration of his term of service, or when an Adjutant sub-officer- grade established by Bonaever he shall be discharged without disgrace.

parte, and on which he valued himself much; he an“Sec. 2. And be it further enacted, That, whenever a swers to our first Sergeant, and his pay corresponds to non-commissioned officer or soldier of the United States' his station. The objects of the bill would be better Army, having become entitled to an honorable discharge, obtained by having a good first Sergeant in the company, shall, voluntarily, re-enlist for an additional term of five than by any other means; and if his feelings and judgment years, shere shall be allowed him an increase of per could govern on this occasion, he would say $20, and inonth on his pay as now authorized by law, during the declare that, in his opinion, the money was well spent. term of such re-enlistment; and that to each non-com- Mr. CHANDLER said, that, in filling these blanks, it missioned officer or soldier, who shall, in like manner, re would be well to consider where this business would end. enlist for a third term of five years, there shall be allow. If the first Sergeants were allowed fifteen dollars per cd per month, in addition to his pay as now autho- month, the subordinate officers, the Lieutenants, in makrized by law, during the term of such re-enlistment. ing the comparison between their own pay and that of

“Sec. 3. And be it further enacted, That, as an encou- the Sergeant, will say to you at once, either our pay is too ragement to emulation, and for the advancement of the small, or that of the non-commissioned officers is too great. non-commissioned grades of the Army, the Sergeant-Ma- Raise the pay of the Lieutenants, and the Captains will jor and Quartermaster-Sergeant of each regiment, and the make comparison also, and the pay of the Captains must first Sergeant of each company of the Army of the United be raised; and thus it will go through the whole line. He States, shall receive, in lieu of pay now allowed by law, had no wish that officers should serve for less pay than

dollars, per month, and that every other Sergeant was proper; and, if their pay is not enough, say so, and shall receive, in lieu of the pay now allowed by law, raise the pay at once, and not commence in the middle of per month."

the line; for they will push you through. Mr. HARRISON moved to fill the first blank in the first Mr. HARRISON said he should make but one observa section with $1 50, and the first blank in the second section in reply; the Sergeant has no further stimulus to a tion with $1; which was carried.

faithful performance of his duty than that of his pay; but He then moved to fill the last blank in the section with the Lieutenant lives in hopes of promotion. $2 50, which was carried.

The question was then taken on filling the blank with He then moved to fill the first blank in the third section fifteen dollars, and carried-Ayes 21, Noes 14. with $15.

Mr. HARRISON then moved to fill the last blank in Mr. SMITH inquired what were the duties of the first the bill with ten dollars; which was carried. Sergeant of a company, that should induce Congress to Mr. SMITH moved to amend the bill, by altering the give him pay equal to that of the Quartermaster-Sergeant last two words in the first section of the bill, so that it and Sergeant-Major. He thought it would be better if it should read, "whenever he shall be honorably dischargwere amended so that the first Sergeant should receive ed;" which was carried. $12, and the other Sergeants in proportion. The Quar. Mr. HOLMES said, he doubted whether increasing the termaster-Sergeant and Sergeant-Major were, he thought, pay of the army in this way, could do any thing very of a very important character, and ought not to be placed effectual towards rendering the army more efficient in on the same footing, as regarded pay, with the first Ser-case of war. He was satisfied that something permanent geant of a company.

should be done on the subject; we suffered more from Mr. HARRISON was very sorry to differ from such au- temporary armies, in case of a war, than from any thing else. thority as that of his friend from Maryland; but he thought If provisions had been made by law, for a permanent he could shew, and it was the opinion of many abler and army in case of a war, and during a war, he was satisfied more experienced men than himself, that the first Ser- that much blood and treasure would have been saved; he, geant of a company is the most important character of therefore, moved to add the following additional section all the non-commissioned officers of the army. He should to the bill: prefer, therefore, that the sum of $15 be continued. “Every non-commissioned officer, musician, or private,

Mr. SMITH denied that the first Sergeant of a company who shall, within months after the commencement was so important a character, as required so much pay as of war, in which the United States shall be engaged, and the Quartermaster-Sergeant; though he allowed he was who shall enlist for, and during the war, and shall actually of some importance. The Quartermaster-Sergeant ought serve during the war, and not less than twelve months, to be equal to any officer of the army of the more subor- and be honorably discharged, such non-commissioned of dinate kinds Their pay should be greater than that officer, musician, or private, or bis legal representatives, the first Sergeant, who has only the duties of his company shall receive per month," &c. to perform, whilst the others have that of the whole regi Mr. LLOYD, of Massachusetts, opposed this amend. ment to attend to.

ment. Sufficient for the day is the evil thereof, said he. Mr. HARRISON said it was true that the Quartermas- Before we get into a war we shall have time and opporter-Sergeant was an important character. It was neces- tunity enough to provide a remedy; it would be impossible sary he should be trustworthy—but it required no more to say what might be the value of money in the country military talents than are possessed by a common store ten or fifteen years hence. keeper. If he is faithful and understands accounts, it is Mr. COBB objected to the amendment of the gentle. all that is necessary. The first Sergeant, besides being man from Maine. The first part of it was too indefinite. storekeeper, and having charge of the arms and accou- It directed that, after the commencement of a war, &e. trements, performs the duty of Adjutant to the company. Mr. C. said he had experienced enough to know, that, in Mr. H. said he had never seen a company that was not a this country there were two kinds of war waged: they good one, where the first Sergeant was respectable-and, might declare war, or they might carry on war without on the other hand, he had never seen a good company declaring it. It was customary to declare war against fobut he found an excellent first Sergeant. The men, Mr. reign nations, but never against the Indians. "Did the

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