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MARCH 3, 1835.] Chesapeake and Ohio Canal--General Appropriation Bill--Fortification Bill.

organic principle of free States. You may, severally, in your turn, have become the objects of attack and denunciation before the public; but there is not, and cannot be, an American who does not turn his eye to the Senate of the United States, as to the great conservative body of our federal system, and to this chamber as the ark in which the covenant is deposited. To have received, therefore, at your hands, this station, furnishes to me abundant cause for self-gratulation. This feeling is not diminished by the fact that but few hours now remain to this session, and that I shall be probably called upon to render but little active service in this place. Upon this circumstance, I congratulate both you and myself; for, although I have, for the greater portion of twenty years, been connected with legislative bodies, this is the first time I have ever been called upon to preside over the deliberations of any; and I have only sought so far to make myself acquainted with the rules of parliamentary proceeding, as to avoid any flagrant violation of them in my personal conduct. For the short period which will now elapse prior to your adjournment, I claim, and shall doubtless receive, at your hands, for the defects which I may exhibit, and the errors into which I may fall, a liberal indulgence.

On motion of Mr. KING, of Alabama, the Secretary of the Senate was directed to inform the President of the United States, and the House of Representatives, that the Senate had elected the honorable JoHN TYLER President pro tempore of the Senate.

CHESAPEAKE AND OHIO CANAL. The bill making a further appropriation in aid of the Chesapeake and Ohio canal was taken up for consideration. The amendment to insert $300,000 being under consideration, was supported by Mr. KENT and Mr. CLAY, and opposed by Mr. BLACK and Mr. WRIGHT, who asked the yeas and nays upon the question; which were ordered, and are as follows:

[SENATE.

would throw the responsibility of the loss of the bill upon those who ought to bear it. Twenty-four hours had already elapsed since the Senate adopted the amendment, and only four hours and a half remained to it to receive a nomination. They had, however, not heard one word about any such thing, as yet, and probably would not. I go (continued Mr. C.) for the constitution; I go for the rights of this body; I go for every | department of this Government performing its duty, and let those who choose not to adhere to the constitution and those who wished not to take upon themselves the responsibility and consequences resulting from the loss of this bill take warning. Will the member from New York [Mr. WRIGHT] get up in his place and tell us what is to be done with regard to the mission to England? and whether, if the President should withhold the nomination we have been expecting, he will, during the vacation send a minister to England? No, he cannot say so. Sir, no man here can say whether he will have to assist in making the appointment. If that be the case, for what purpose are we to make an appropriation? Sir, you yourself took the ground; the Virginia ground; the constitutional ground; that no appointment could be constitutionally made, under all the circumstances of the case, unless made by and with the advice and consent of the Senate. And but four hours and a half remain in which it can be done, unless postponed to the next session: and we have not the slightest intimation from the honorable Senator himself whether he stands as the leader or the follower of the administration-whether it is the purpose of the Executive to make a nomination, or to make an appointment in violation and contempt of the constitution. As I have said again and again, if the President will intimate to us that it is his purpose to send us his nomination before the adjournment of the Senate, I will vote, and vote with pleasure, for an appropriation, and I will vote for it on no other condition.

Mr. C. concluded by recommending that a committee of conference be appointed on the part of the Sen

YEAS--Messrs. Clay, Clayton, Ewing, Frelinghuysen, Goldsborough, Hendricks, Kent, Linn, McKean, Moore, Naudain, Poindexter, Porter, Robbins, Southard, Tip-ate to confer with a committee on the part of the House. ton-16.

NAYS-Messrs. Bell, Benton, Bibb, Black, Brown, Buchanan, Calhoun, Cuthbert, Grundy, Hill, King of Alabama, King of Georgia, Knight, Leigh, Mangum, Morris, Prentiss, Preston, Robinson, Ruggles, Shepley, Smith, Swift, Tallmadge, Tomlinson, Tyler, White, Wright--29.

So the amendment was disagreed to.

Mr. GOLDSBOROUGH then moved to insert an appropriation of $200,000; upon which Mr. BLACK asked the yeas and nays; which were ordered.

Mr. SHEPLEY spoke in opposition to the bill, and Mr. CLAY and Mr. LINN in support of it; when Mr. ROBINSON moved to lay the bill on the table; which was disagreed to, on a division: Yeas 19, nays 20.

After some further opposition from Mr. SHEPLEY, Mr. WEBSTER renewed the motion to lay the bill on the table; which was agreed to.

GENERAL APPROPRIATION BILL.

The Senate then took up the civil and diplomatic appropriation bill, which was returned from the House, and proceeded to consider the vote of that body disagreeing to the amendment of the Senate, providing that the salary and outfit of the minister to Great Britain shall not be paid, unless such minister shall be appointed by and with the advice and consent of the Senate." Mr. WEBSTER moved that the Senate insist on their amendment; which was agreed to, and the House directed to be informed thereof.

Mr. CLAY rose and said he hoped the Senate would not only insist, but adhere to the amendment. He

If neither of the committees should agree to strike out the provision, and consent to the amendment with which it was coupled, he (Mr. C.) would be disposed to take the consequences upon himself, or rather, to throw upon the House the responsibility which it would incur by the President's making an appointment in the absence

of the Senate.

Mr. CLAY, Mr. WRIGHT, and Mr. EwING, were appointed the committee on the part of the Senate.

The other amendments of the House to the amendments of the Senate were severally considered, and, being immaterial, were gone through with, some being agreed to and others dissented from.

FORTIFICATION BILL.

The Senate proceeded to consider the message from the House of Representatives, proposing to amend one of the Senate's amendments to the annual fortification appropriation bill, by adding thereto the following:

"SEC. 2. And be it further enacted, That the sum of three millions of dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, to be expended, in whole or in part, under the direction of the President of the United States, for the military and naval service, including fortifications and ordnance, and increase of the navy: Provided, such expenditures shall be rendered necessary for the defence of the country prior to the next meeting of Congress."

Mr. WEBSTER, in a few remarks, which our reporter was prevented from reporting, expressed his hope that the Senate would disagree at once to this amendment.

SENATE.]

Fortification Bill.

Mr. CALHOUN said that the amount of the appropriation asked for was extremely large, and, what was most extraordinary, it was to be made on the supposition that this country was to be involved in a war with France, and either without previous declaration, or with a declaration to be issued by the Executive, without first calling Congress together.

Mr. LEIGH could not forbear expressing the astonishment he felt at the course which the House of Representatives had thought proper to pursue in regard to this appropriation. For his own part, he was free to confess that he would as soon vote to give the Chief Magistrate of this Republic unlimited power at once, as vote to place at his entire disposal and discretion such an enormous sum of money as was contemplated by this amendment. He had not met with a single human being who wished to convert our free form of Government into an absolute monarchy, nor did he believe that any man in this country desired such a change. Yet here was a proposition which went to establish a military monarchy; it was, in fact, in the very form of a proposition of that sort. They might almost as well say that the President should be made Consul for life, or Emperor of the American people. It was, indeed, a most remarkable proposition, and one which he never expected to hear.

Mr. WRIGHT said he did not feel that great alarm which the Senator from Virginia appeared to feel. They all knew very well why the provision, so much complained of by some Senators, was inserted in the bill. It was because they were about to adjourn when there was a peculiar crisis in our foreign relations, and it was too late to have gone into the detail of legislation. For himself, he could say whatever others might think-that he did not believe that a dollar of the money which was now proposed to be appropriated would be expended, though no one knew what might happen. They had been told by the gentleman from Massachusetts that this country was not to be brought into a war until Congress should have been first convened. Now, nothing as to that was implied in this proposition; it was merely put ting in the power of the President, in any contingency that might happen, the means to secure the safety of the country until the assembling of Congress.

Mr. W. then asked the yeas and nays; which were ordered.

Mr. LINN said he should vote for this appropriation, although it was an extraordinary one, because he thought it necessary under the present aspect of affairs. He could not believe that this Chief Magistrate, or any other who might preside over the destines of this people, would make a wrong or improper application of their funds.

Mr. LEIGH did not vote against the appropriation from any fear as to the use which might be made of the money; but he voted against it on the ground that it was at war with the doctrine of constitutional liberty.

Mr. SOUTHARD said he must certainly concur with the gentleman from Virginia, in astonishment at this extraordinary provision, and at the manner in which the appropriation was defended by the Senator from New York. What, he (Mr. S.) would ask, was the character of this appropriation? It amounted to the enormous sum of three millions of dollars, and was to be put into the hands of the President, to be expended by him at his own good will and pleasure. It was without limitation or restriction-without specification of objects-or any designation of purpose whatever. To be sure, there was added to the provision an idea of this sort, that the money should not be expended unless the public necessity should call for it. Who was to judge of the public necessity for the expenditure of this money? The Executive alone. Had we arrived at that period in our history when the Executive was to determine when or

[MARCH 3, 1835.

how the public money was to be expended in cases of
danger or otherwise? Had we progressed to that pe-
riod when the Congress of the United States, the guar-
dians of the people's treasure, were not to determine as
to that matter, but the power was to rest in the hands
of the Chief Magistrate only? There was, however, in
regard to this subject, a higher question to be decided.
The professed object of the appropriation was to defend
the country in case of war. And what was the power
put into the hands of the Executive by that very appro-
priation? Why it was the power of making war. Con-
gress told him to increase the navy, the army, and the
fortifications, if he pleased. He (Mr. S.) would say,
give him that power, and there would remain no ob-
stacle to prevent him from plunging this country into a
war. He was to be guided alone by what he deemed
right or wrong! He (Mr. S.) had never heard of such
a proposition as this before. He confessed that he
could hardly speak of it with respect. Here was a
proposition, made by the immediate representatives of
the people, to place in the hands of one man, without
control, three millions of dollars, and who, consequent-
ly, would have the power of making peace or war.
Supposing that the appropriation were made, did it
require any thing like ingenuity on the part of any man
to perceive that, if the President wanted a war with
France, he could readily bring about such an event?
Thus the highest attribute of legislation-an attribute
conferred by the constitution on Congress alone-the
power of making war-is here placed in the hands of
the President alone. Yet the gentlemen from New
York and Missouri were ready to vote the money, be-
cause they supposed it would be properly expended!

There never had lived, nor did live, in this or any other country, the man to whom he (Mr. S.) would confide a question of that description. It was one which the whole American people, by their representatives, were to decide. Whatever might be the vote which other Senators intended to give on this occasion, he could not think of vesting such an enormous power in the President. The Senator from New York had said that the money would not be expended by the Presi dent. What proof, Mr. S. desired to know, had the gentleman that it would not be expended? By the proposition itself, the President was told he might expend the appropriation if he thought proper. The other Senator [Mr. LINN] had intimated that it would be wisely expended. Now, what proof had the Senate that that would be the case? There was none, save their own belief in the infallibility, faith, and purity of one man. And to-night the Senate were called upon to give a power which he, for one, was free to confess he would not grant even to a Washington, or any other man that ever lived. Nay, he would not hesitate one moment in denying to Washington himself the power. No proposition could be more directly opposed to all the principles of the constitution and of the Government under which they lived than the one before the Senate. He therefore trusted that there would be no hesitation in rejecting it

Mr, WRIGHT observed that it was not his intention to say any thing which would lead to a protracted debate, nor was it his purpose to excite the feelings of any gentleman. There were two modes of debating a prop. osition. The first was, by poetic license; and the other was, by debating a proposition as it is. The honorable Senator from New Jersey had told the Senate, in his usual impassioned manner, that this was an appropriation of three millions, without specification or object. He had no answer to make to the assertion, but what was derived from hearing the amendment read by the Secre. tary of the Senate. The Senator, in his precipitancy, remarked that he (Mr. W.) had said that the money was

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not to be expended. The gentleman was mistaken; for he (Mr. W.) said no such thing, but observed that he believed it would not be called for; though no man could tell what might be the issue of our relations with France. And they all knew what this appropriation was to be made for.

Mr. CLAY rose and said that the proposition was to appropriate three millions of dollars for the general purpose of increasing the naval and military service of the country, without any specification whatever of objects.

In principle, therefore, the honorable gentleman from New York must admit it was the same, whether the amount to be appropriated was three millions, fifty, or a hundred millions. Now, according to the constitution of the United States, Congress possessed the power to raise armies and create a navy; and under the practice of the Government from the commencement of it down to this time, in no instance had an army been raised without a specification of the amount of it, the rank and file of which it should consist, the officers who should command, &c. And he believed that, since the origin of this Government, there had been no increase or aug. mention of the navy, without a specification of the number and size of the ships that should be in commission, with every other particular. Now, for what objects was this appropriation intended? It was to be applied to the increase of the naval and military service, including fortifications. In other words, to authorize the President to increase the army, to increase the navy, to make new fortifications not authorized by careful surveys, and sanctioned by the estimates agreed to by Congress afterwards.

He appealed to the honorable Senators from New York and Missouri, as to whether that was a case like the ordinary cases where the President was directed to expend money for defined objects, for a specified and approved purpose, as in the erection of new or the completion of existing fortifications.

No, this appropriation was undefined and unlimited as to the manner in which it was to be expended. And he concurred entirely in the sentiment which had been expressed by the Senator from Virginia, that, when he should be prepared to vote for an appropriation of this character, he should be prepared to surrender every power they now enjoyed under this Government to the President. Mr. C. would add, that this appropriation was to be made without any recommendation as to its necessity, in a certain exigency, to prepare for war; and made, too, without the slightest intimation or prospect of a war, despite the official documents lately laid before the Senate, assuring them of the continuance of peace. If they were to have a war with a foreign Power, it would be a war of our own making-a war to be declared by this country.

If France had intended to make war, that intention would have been manifested just after the receipt of the President's message. But she did not do it; she waited for other action on the part of this Government; she went on to consider the bill of indemnity, and, according to the latest intelligence, the 24th of last month, the bill was still under consideration. Mr. C. deprecated a preparation for war, or which might lead to war, at this time, as calculated to keep up the excitement abroad, and prevent an early settlement of our claims. This proposition partook much of the character of the President's message; that unfortunate message, he might say; for it had produced a good deal of unpleasantness, and put in jeopardy the peace of the country. He entertained the opinion that money ought not to be taken out of the public treasury for any such purposes, and that Congress were bound to wait until the Executive recommended a certain course before they voted millions away,

[SENATE.

as was now proposed to be done. He (Mr. C.) hoped the amendment would be rejected.

Mr. BUCHANAN said he was astonished at the remarks which had been made by gentlemen on the subject of this appropriation. The most fearful apprehensions had been expressed; the destruction of our liberties had been predicted, if we should grant to the President 3,000,000 of dollars to defend the country, in case it should become necessary to expend it for that purpose before the next meeting of Congress. For his part, he could realize no such dangers.

Gentlemen have said, and said truly, that the constitution of the United States has conferred upon Congress, and Congress alone, the power of declaring war. When they go further, and state that this appropriation will enable the Executive to make war upon France, without the the consent of Congress, they are, in my humble judgment, entirely mistaken.

Sir, said Mr. B., what is the true nature, and what are the legitimate objects, of this appropriation? Do we not know that, although the President cannot make offensive war against France, France may make war upon us; and, that we may thus be involved in the hostilities in spite of ourselves, before the next meeting of Congress? If the Chamber of Deputies should determine to violate the treaty, and to fix an enduring stigma upon the public faith of the French nation, is it certain that France may not proceed a step further, and strike the first blow! Mr. Livingston himself, in the correspondence which had been communicated to us by the President, has expressed serious apprehensions that this may be the result. France may consider war, eventually, to be inevitable; she may, and 1 trust does, believe that we have determined not to submit patiently to her violation of a solemn treaty, and thus abandon the just claims of our injured citizens; and, taking advantage of our unprepared condition, she may commence hostilities herself. The first blow is often half the battle between nations as well as individuals. Have we any security that such will not be her conduct? Have we any reason to believe she will wait until we are ready? Her past history forbids us to indulge too securely in any such belief. If she should adopt this course, in what a fearful condition shall we place the country if we adjourn without making this appropriation? The Senate will observe that not a dollar of this money can be drawn from the treasury, unless it shall become necessary for the defence of the country, prior to the next meeting of Congress.

Another circumstance which renders this appropriation indispensable is, that Congress cannot possibly be convened by the President much before their usual time of meeting. There are, I believe, nine States in this Union who have not yet elected their Representatives to the next Congress. Some of these elections will take place in April, and others not till August, and even October. We have now arrived almost at the last hour of our political existence; and shall we leave the country wholly defenceless until the meeting of the next Congress? Gentlemen have warned us of the fearful responsibility which we should incur in making this appro priation. Sir, said Mr. B., I warn them that the responsibility will be still more dreadful, should we refuse it. In that event, what will be our condition should we be attacked by France? Our seacoast from Georgia to Maine will be exposed to the incursions of the enemy; our cities may be plundered and burnt; the national character may be disgraced; and all this whilst we have an overflowing treasury. When I view the consequences which may possibly flow from our refusal to make this grant, I repeat that the responsibility of withholding it may become truly dreadful. No portion of it shall rest upon my shoulders.

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Our constitutional right to appropriate this money is unquestionable. Whilst I express this opinion, I am sorry that the present appropriation is not more specific in its objects. Appropriation bills ought to be passed in such a manner as to leave as little to executive discretion as possible. The purposes for which the money is to be applied ought to be clearly and distinctly stated. If there were time to do it, the bill might be improved in this respect. But, sir, this is an extraordinary crisis, and demands prompt action. We must now take it as it is, or not take it at all. There is no time left to make the changes which might be desired.

Gentlemen have contended that, under this appropriation, the President would be authorized to increase the army, and appoint as many new officers to command it as he thought proper. But this is not the case. He could not, under any just construction of this bill, raise a single new company, or appoint a single officer, not authorized by existing laws. No such power is conferred upon him by its terms. It will authorize him to expend three millions of the public money, should the contingency happen which it contemplates, for putting the vessels of war, now in ordinary, in a condition for actual service, and for completing those the building of which has already been authorized by Congress. The money may also be applied to the completion and repair of our fortifications, and in placing them in a state of security and defence against any attack. Should it become necessary to call out the militia, under existing laws, to garrison these fortifications, or defend our eoast, this money may also be expended for that purpose. There is nothing in the language of the appropriation to justify the construction that the President might raise new armies and create new officers to command them.

It is my own impression that there will be no necessity for expending any portion of this money. If there should be, however, and it is the part of wisdom to provide against such a contingency, let the responsibility rest upon those who refuse the appropriation. The country will be left defenceless, and the very knowledge of the circumstance may invite an attack.

Mr. CALHOUN remarked that the argument of the Senator from Pennsylvania rested on the assumption that we might be suddenly involved in a war with France. Now, that was an event which he (Mr. C.) did not contemplate, and he should consider it as extraordinary and unlooked for as that this Capitol should be swallowed up by an earthquake before Congress again met in this city, and that, therefore, an appropriation was requisite! France declare war against us! What rational motive could she have for doing so? France declare war! No, no. France had no cause or motive for declaring war against us. It was for this country to declare war against France, if she did not fulfil her promises. He considered this amendment, if passed, as amounting almost to a declaration of war. Gentlemen expressed confidence that this great power would not be abused by the President; that he would not expend the money, or would expend it wisely. Confidence was not a republican virtue, nor was discretion a republican principle; and it was only necessary to glance at the enormous expenditures of this Government to be convinced of that fact. Let gentlemen look at and consider for a moment what was the present condition of the Indian department, the land of fice, and the Post Office Department, and they must see that it was idle to talk about there being no danger in reposing confidence in men. He would not trust any man with such an enormous power as was now proposed to be vested in the Chief Magistrate by this amendment. He (Mr. C.) would speak boldly. There was a war party in this as well as every other country-a party deeply interested in the existence of war-a party who were en.

[MARCH 3, 1835,

gaged in the business of jobbing, and contracting, and of party-making. He knew the force and magnitude of the corps who lived at the expense of the federal Government. It was already very enormous, and a war would double its numbers. He had said at the opening of this session that they would increase, and he believed that time would bear him out in his prediction. All that he had seen confirmed him in that belief. And, in regard to this appropriation, it would give a vast control to the Executive, for it was to be applied according to his will and pleasure, and he might involve the country in a war. Mr. C. was really surprised that the proposition of the House should have received any sanction in that Senate; for it was a most extraordinary one, in whatever light it might be viewed. How happened it that such an amendment should have been introduced into the bill? It was not by the recommendation of the Executive, it would appear, and yet gentlemen had thought proper to rise in their places and vindicate him. Congress were bound to have the opinion of the President as to whether or not he desired means to be placed at his disposal to provide for a certain contingency. Yet, here was a proposition to give him three millions, without being asked to do so. We certainly lived in extraordinary times, and we were going step by step (and this was one of them) on the high road to despotism. He was altogether against the creation of this dictatorial power, and concurred most fully in the remark of the Senator from Virginia, that be would as soon confer a dictatorship as give such a power as was now proposed to the Executive, let him be who he might.

Mr. PRESTON expressed his surprise at the extraor dinary amendment which had been made to the bill by the House of Representatives, at that late hour of the session, when the waning sands of their political exist. ence, as a body, were nearly run out. They were called upon to confer a most tremendous power, by placing at the disposal of the Chief Magistrate of the Union the sum of $3,000,000! He was already appointed commander of the army and navy of the United States, and now the Senate was asked to confer upon him the power to raise armies and create navies, and that, too, on the very last night of the session, almost without time for a moment's deliberation. They were in fact and in truth to give him power over the purse and the sword, and consequently over the liberties of the country. He meant to express no distrust in the Chief Magistrate; but, he would ask, was it proper that any Congress should unconstitutionalize itself by surrendering the powers committed to their hands? Yes, here was a most extraordinary proposition presented for the consideration of the Senate, at the very heel of the session, when there was not time to debate or consider the subject. He could not vote for any proposition of the kind. When the time should arrive which would render it necessary for Congress to act, for the purpose of putting the country in a state of defence, and building ships, that we might send our gallant flag into every sea, he would be found as ready as any Senator on that floor to carry into execution every thing that would tend to the honor and advantage of his country. The Senator from Pennsylvania had expressed his unwillingness to assume the responsibility of leaving the country without making the appropriation asked for by the other House, although the President had not sent any message on the subject to Congress. He (Mr. P.) confessed that he was oppressed with anxiety to see such an appropriation as that demanded. Three millions of dollars to be thus voted away! He knew well, as had been said, that there was a war party in this and every country. He felt it was so. We had once gone to war, and were not disgraced; on the contrary, we came out victoriously, and were then respected by our ancient foes and ancient allies. We were now

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differently situated, and it was not politic to plunge the country into a war. The gentleman [Mr. BUCHANAN] had said that accidents might occur before the meeting of Congress. Did the Senator mean to say that France might declare war against the United States? Congress must not legislate for accidents, but probabilities. And who could make war between the two countries? None but Congress. For what was France going to war with us? To compel us to receive the payment of that which it owes this Government? If it was not that, then he was at a loss to discover what conceivable purpose France could have in adopting that course. Mr. P. coneluded by saying that, unless some more cogent reasons were adduced than what he had heard, for making this appropriation, he should most assuredly vote against it. Mr. WEBSTER thought it impossible that the Senate could hesitate about the rejection of this most extraordinary and objectionable proposition, and he hoped the decision would be made without further delay. It was now nine o'clock at night, and further discussion could have no effect but to defeat other important business. He therefore entreated the Senate to desist from debate, and proceed to vote.

Mr. CUTHBERT said he should be as glad to vote as any gentleman on the majority side of the House. He had heard harangues from that quarter, some of which were most certainly out of place. When he heard it insinuated that, because the Executive was to have means placed at his disposal in order to increase the army, and take such other measures as he might deem necessary for the defence of the country, he might turn round and employ them to destroy the liberties of the people, he (Mr. C.) would put it to honorable Senators whether such language was not extravagant in the extreme?— whether the sentiments they had expressed were not rather the illusions of a heated brain, than of a cool and well-considered judgment? He contended that this country ought to put itself in a state of defence, in order to show France that we were prepared to enforce the fulfilment of the treaty, if necessary, by an appeal to arms; that we were determined to maintain our rights, as we had asserted we would do.. Did gentlemen shrink from doing that which they themselves had told the Senate was necessary to be carried into effect when a certain period should have arrived? If we meant to maintain our rights, we must do so, if absolutely necessary, by our arms and our blood. France dreads what we might do; and, under that dread, she would increase her strength; and, perhaps, thinking it brilliant and splendid, might take it into her head to give us the first and decisive stroke. Did not every gentleman's knowledge of history teach him that such an event might take place? He appealed to Senators on the other side, whether there were not innumerable examples of the kind to be found in the history of naval warfare, where a nation, in first possession of the ocean, was the first to strike a decisive blow at its antagonist? This would generally be found to be

the case.

Now, he would ask, what had been done by the House of Representatives? What did it seek by its amendment? Why, merely to provide the proper means that the country should be put in a state of defence, in the possibility that we might be attacked by that Power with whom we had had some differences. What gentleman was there on that floor who would not reproach himself, (supposing the appropriation not to be made,) if such an event were to happen as he (Mr. C.) had imagined? Who would not regret that the navy had not been increased, when they saw our coasts blockaded, our waters covered by the enemy's ships, and our beautiful cities battered down? What, then, was there so extraordinary in the terms of the amendment? For his own part he thought it highly proper that the appropriation should

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[SENATE.

be made, that the President should have the means necessary to put the country in that state which circumstances required.

The question was then taken on disagreeing to the amendment of the House, and was decided in the affirmative, as follows:

YEAS-Messrs. Bell, Bibb, Calhoun, Clay, Clayton, Ewing, Frelinghuysen, Goldsborough, Hendricks, Kent, Knight, Leigh, Mangum, Moore, Naudain, Poindexter, Porter, Prentiss, Preston, Robbins, Silsbee, Smith, Southard, Swift, Tomlinson, Tyler, Waggaman, Web. ster, White-29.

NAYS-Messrs. Benton, Black, Brown, Buchanan, Cuthbert, Grundy, Hill, Kane, King of Alabama, King of Georgia, Linn, McKean, Morris, Robinson, Ruggles Shepley, Tallmadge, Tipton, Wright—19. So the amendment was rejected.

The amendment of the Senate, to increase the appropriation of $70,000 to $150,000, for repairing Fort Mifflin, which was disagreed to by the House of Representatives, was next taken up.

Mr. CLAYTON moved that the Senate insist on their amendment; which motion was agreed to, and the bill was then returned to the other House.

On motion of Mr. CLAYTON, the Senate proceeded to the consideration of executive business, and spent some time with closed doors.

[When the doors were opened, and the reporters entered the gallery, they found that a message had been received from the House by the Senate, while in secret session, announcing that the House insisted on its amendment, proposing to place three millions at the disposal of the President. Before it was known that the doors had been opened, it appeared that this message of the House had been taken up, that Mr. WEBSTER had moved that the Senate adhere to its disagreement to the appropriation, and had followed his motion with a speech of uncommon animation and earnestness in its support. This speech he was just concluding when the reporters re-entered the gallery.]

Mr. KING, of Alabama, said he very much regretted that the Senator from Massachusetts should have made such a motion; it had seldom or never been resorted to until other and more gentle means had failed to produce a unity of action between the two Houses. At this stage of the proceeding it would be considered (and justly) harsh in its character; and, he had no doubt, if sanctioned by the Senate, would greatly exasperate the other House, and probably endanger the passage of the bill altogether. Are gentlemen, said Mr. K., prepared for this? Will they, at this particular juncture, in the present condition of things, take upon themselves such a fearful responsibility as the rejection of this bill might involve? For himself, if your forts are to be left unarmed, your ships unrepaired and out of commission, and your whole seacoast exposed without defences of any kind, the responsibility should not rest upon his shoulders. It is as well, said Mr. K., to speak plainly on this subject. Our position with regard to France was known to all who heard him to be of such a character as would not, in his opinion, justify prudent men, men who look to the preservation of the rights and the honor of the nation, in withholding the means, the most ample means, to maintain those rights and preserve unimpaired

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