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army, who have any thoughts of laying up any thing for
themselves, those who do enlist in a time of peace, are
generally a class of men, who enlist for the sake of the
small amount of pay given, merely to supply them with
something to drink, which is about all they wish. The
object of the bill is to prevent desertion, and I dont know
but what it will have the effect, for, if you stop one dollar
and fifty cents per month from their pay they will not en-
list, if they do not enlist they will not desert; but so long
as your army is made up of such materials as are enlisted
in a time of peace, they will desert, if enlisted; neither
stoppage of pay, or appointing of chaplains, as suggested
by the Chairman, will prevent it. I will, however, pass
by the first section of the bill and make a few observations
upon the residue of it. With respect to the second section,
which provides for increasing the pay of the soldier on
his re-enlisting, Mr. C. asked, to what kind of men do
you give this additional pay? Why to this same class of
men who you enlist in time of peace; and the Chairman
of the Committee has just informed us, that in one year,
about nine hundred of them out of less than six thousand.
say one-sixth of the whole, have deserted, including thirty
or forty non-commissioned officers; they enter your service
with habits and morals not the most correct, and they are
not generally bettered by being in the service. The bill
proposes, after the soldier has served five years, to add
one dollar per month to his pay if he re-enlists for five
years more, and at the expiration of that five years, if he
re-enlists to add to his monthly pay two dollars and fifty
cents more, making three dollars and fifty cents per
month more to this soldier, who is broken down by bad
habits after ten or more years service, than you give to
the soldier who enlists at the commencement of a war,
when your army is made up of a different class of men,
men who enter it from far higher and better motives than
those who enlisted in a time of peace. Those who enter
the service at the commencement of a war, are men
who have families and property to defend, men of cor-
rect habits, and after a few months service one of them
are worth three of those who have been fifteen years in
service in time of peace; and I appeal to any officer
who has seen service, whether he does not find this to be
the case. As to the third section of the bill Mr. C. said,
he agreed with the Chairman, that the pay of the non-
commissioned staff was rather low, as also the first ser-
geant, and that they were a very important part of the army,
but if the pay of a sergeant major and quartermaster ser-
geant, must be fifteen dollars, which he thought too high,
he thought that the first sergeant of a company should
not be more than twelve dollars; it would be more in pro-
portion to the grade and the services performed, and quite
as satisfactory. It may be well for gentlemen to remem-
ber when they make comparisons between the pay of the
subaltern officers and the non-commissioned officers,
that the latter are furnished with clothing by the Govern-
ment in addition to their pay, while the former furnish
their own clothing, which leaves less difference in their
pay and emoluments then at first sight might appear. Mr.
C. said, he should move, at a proper time, to strike out the
second section of the bill.

Mr. SMITH said, that, in his mind, this was an experiment of a very doubtful character. He thought it most probable that men would be enlisted, and that the sergeant who enlisted them would never tell them that one dollar per month, of their pay, was to be retained-they would enter the service, and the first time they came to receive their pay, they would only get four dollars, or three dollars and fifty cents, as the case might be. Would that be a mode of preventing desertion, asked Mr. S. or would it be an additional inducement to desert? He thought the man would say he had been defrauded; he expected, when he enlisted, he was to receive five dollars, and he found he only received four or three dollars and fifty VOL. II-5

cents.

[SENATE.

thought he would be justified in deserting. It often happened they family of children: would $3 50 be sufficient to maintain that family? The old soldier, and those who are now in service, will be receiving their pay of $5 per month, whilst those who enlist hereaf Would that be the means of ter will receive only $3 50. retaining them in the service, or would it not be something of an inducement to desert? Mr. S. said he did not intend to oppose the bill, but he wished to make it as good as possible, by rendering the inducements to desertion less. He thought nothing would prevent desertion but prompt punishment, and he did not care how severe that might be; he believed that, in the end, it would benefit humanity. At one period of the Revolutionary war, desertion, even to the enemy, was excessive. Every step was taken to prevent it, and what did? An order from General Washington to seize and shoot every deserter found be This was done, and it put an effectual yond the lines. check to it. Again: whilst the army was passing along the Jersey shore to Newark, desertions were frequent: the wife of one of the deserters was left behind, and she laid an information against one person who had aided in producing desertion, and he was taken up. They had a French commander at the head of the brigade, and this man, who had been the instrument of desertion, was tried by court martial and shot; after that there were no more descrtions. Mr. S. concluded by expressing it as his decided opinion, that nothing would prevent it but severity.

The question being on concurring in the amendments made in Committee of the Whole, they were agreed to, with the modification of reducing the sums of $1 50 to $1, and the $2 50 to $2, on motion of Mr. SMITH, who made also an unsuccessful motion to reverse the amount prcposed for the quartermaster sergeant, and first sergeant, by giving the former $15 and the latter $12.

The question then being on engrossing the bill for a third reading—

Mr. CHANDLER said, he had intended to have moved to strike out the second section of the bill, but seeing the bill was regarded favorably by a great majority of the Senate, he should content himself with recording his vote against the bill; he therefore moved, that when the question is taken upon the bill going to a third reading, it be taken by ayes and noes.

The question was then decided in the affirmative by yeas and nays, as follows:

YEAS.-Messrs. Barton, Benton, Berrien, Bouligny, Chase, Edwards, Ellis, Harrison, Hendricks, Holmes, Johnson, of Ky. Johnston, of La. Kane, King, Lloyd, of Mass. McIlvaine, Marks, Mills, Noble, Robbins, Rowan, Seymour, Thomas, Van Buren, White, Woodbury-26. NAYS.-Messrs. Bell, Chandler, Clayton, Cobb, Eaton, Findlay, Macon, Randolph, Ruggles, Smith, Willie, Van Dyke.-12.

The bill was ordered to be engrossed for a third reading. Mr. BENTON, for the reason that there was so much business before the committees, and so little before the Senate, moved that, when the Senate adjourn, they ad journ to meet on Monday next, which was carried; and Then the Senate adjourned to Monday.

MONDAY, JANUARY 16, 1826. Mr. HAYNE, from the Committee on Naval Affairs, made the following report:

"The Committee on Naval Affairs, to whom was refer! red a letter from Captain DAVID PORTER, of the United States' Navy, requesting an investigation of charges contained in communications from Thomas Randall and John Mountain;' and to whom was also referred a letter from THOMAS RANDALL, on the same subject, together with a communication from the Secretary of the Navy, covering the Proceedings of the Court of Inquiry and Court Martial, in relation to Captain Porter," report:

SENATE.]

Amendment of the Constitution

JAN. 17, 19, 1826.

"Resolved, by the Senate and House of Representatives of "That they have had these sommunications under consideration, aud nnd nothing in the character of the the United States of America in Congress assembled, twotransactions to which they relate, that requires the inter-thirds of both Houses concurring, That the following amendment to the Constitution of the United States be ference of this House. proposed to the Legislatures of the several States, which, when ratified by the Legislatures of three-fourths of the States, shall be valid to all intents and purposes, as part of the Constitution:

"It appears that the case of Captain Porter has been submitted to the proper tribunals; and the committee do not feel themselves warranted in forming any opinion unfavorable to their decisions, or indulging any impression that their proceedings require revision. The committee consider it due alike to the preservation of a proper discipline and to the reputation of our officers, that appeals should not be encouraged from the decisions of the Military Courts. Under this view of the subject, and seeing no satisfactory reason for interposing the authority of the House in matters which have been finally settled by the competent authorities, the committee ask leave to be discharged from the further consideration of the subject." The report was read.

The Senate then proceeded, as in committee of the whole, to consider the bill "declaring the assent of Congress to an act of the State of Alabama," [laying a tonnage duty on vessels, for the improvement of the river Mobile.J

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"That, hereafter, the President and Vice President of the United States shall be chosen by the People of the respective States, in the manner following: each State shall be divided, by the Legislature thereof, into districts, equal in number to the whole number of Senators and Representatives to which such State may be entitled in the Congress of the United States; the said districts to be composed of contiguous territory, and to contain, as nearly as may be, an equal number of persons entitled to be represented under the Constitution, and to be laid off, for the first time, immediately after the ratification of this amendment, and afterwards at the session of the Legislature next ensuing the apportionment of Representatives by the Congress of the United States; or oftener if deemed necessary by the Legislature of the State; but no alteraThe bill was supported by Messrs. KING and SMITH, tion after the first, or after each decennial formation of diswho explained the situation of the harbor of Mobile, the tricts, shall take effect at the next ensuing election after necessity of deepening the channel; and commented on such alteration is made. That on the first Thursday, and the benefits which would result to the commerce of all succeeding Friday, in the month of August, of the year parts of the Union trading to Mobile, from the improve-one thousand eight hundred and twenty-eight, and on the ment contemplated by the act of the State of Alabama. same days in every fourth year thereafter, the citizens of The bill was opposed by Messrs. LLOYD, of Massachu- each State who possess the qualifications requisite for setts, and HOLMES, of Maine, who expressed some clectors of the most numerous branch of the State Legisdoubts as to the right possessed by the State of Alabama lature, shall meet within their respective districts, and vote to impose such a duty; and that five cents per ton was too for a President and Vice President of the United States, much. The bill was finally laid on the table, Mr. KING one of whom, at least, shall not be an inhabitant of the same expressing his intention of calling it up on a future day; State with himself, and the person receiving the greatest and should he be unable to effect the object in this way, number of votes for President, and the one receiving the to propose an appropriation from Congress for the im- greatest number of votes for Vice President, in each disprovement of the harbor of Mobile. trict, shall be holden to have received one vote; which fact shall be immediately certified to the Governor of the State, to each of the Senators in Congress from such State, and to the President of the Senate. The Congress of the United States shall be in session on the second Monday in October, in the year one thousand eight hundred and twenty-eight, and on the same day in every fourth year thereafter; and the President of the Senate, in the presence of the Senate and House of Representatives, shall Mr. RUGGLES, of Ohio, said, it appeared from this open all the certificates, and the votes shall then be countcase, that, in September, 1814, twenty-four vessels be-ed: the person having the greatest number of votes for longing to citizens of Baltimore, were taken by order of the Government, and sunk, for the defence of that place; after the peace they were raised, but so much injured, that twelve of them were entirely useless; and the committee, acting on those principles which had heretofore governed them, thought it right that they should be paid the value of these vessels at the time they were taken, de-sident; which second election shall be conducted, the reducting therefrom what had been paid for damages, &c. twelve of the vessels were not so injured but they could be refitted, and were again employed by their owners; and on these the committee thought it just that twelve and a half per cent. should be allowed on their respective valuations. This, Mr. R. said, was a plain statement of the facts of the case, and it was unnecessary to say any thing further on the subject.

TUESDAY, JANUARY 17, 1826. No business of importance done to-day.

WEDNESDAY, JANUARY 18, 1826.

The Senate proceeded, as in committee of the whole, to consider the bill "for the relief of sundry citizens of

Baltimore."

President shall be President, if such number be equal to a majority of the whole number of votes given; but if no person have such majority, then a second election shall be held on the first Thursday and succeeding Friday in the sons having the two highest numbers for the office of Premonth of December, then next ensuing: between the per

sult certified, and the votes counted, in the same manner as the first; and the person having the greatest number of votes for President, shall be the President. But if two or more persons shall have received the greatest and equal number of votes at the second election, the House of Representatives shall choose one of them for President, as is the greatest number of votes for Vice President, at the now prescribed by the Constitution. The person having first election, shall be the Vice President, if such number be equal to a majority of the whole number of votes given: and if no person have such majority, then a second election shall take place between the persons having the two AMENDMENT OF THE CONSTITUTION. highest numbers, on the same day that the second election is held for President; and the person having the highest Mr. BENTON, from the Select Committee, to whom number of votes for Vice President, shall be the Vice was referred the several resolutions proposing amend- President. But if two or more persons shall have rements to the Constitution of the United States, made a ceived the greatest, and an equal number of votes in the report, in part, accompanied by the following joint reso-second election, then the Senate shall choose one of them Jution:

The bill was then ordered to be engrossed for a third reading.

THURSDAY, JANUARY 19, 1826.

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for Vice President, as is now provided in the Constitution.
But when a second election shall be necessary in the case
of Vice President, and not necessary in the case of Presi-
dent, then the Senate shall choose a Vice President from
the persons having the two highest numbers in the first
election, as is now prescribed in the Constitution."
The resolution was twice read, and made the special or-
der of the day for Monday, the 30th inst.
Mr. ROWAN, of Kentucky, said, as this was a subject
in which the dearest interests of the People were vitally
involved, he should wish a large number of this Report to
be printed, to be distributed amongst the People of the
Union, that the Senate might, by its diffusion, have an op-
portunity to learn their sentiments, and be enlightened by
their wisdom on the subject. Whether considered with
regard to the great interest which the subject possessed,
or to the great ability with which it had been discussed, it
merited that the highest number should be printed which
it was customary to print of interesting documents, and he
moved that three thousand be printed;
Which motion was carried.

IMPORT AND TONNAGE DUTIES.

The Senate then proceeded, as in committee of the whole, to consider the bill "further to amend the act of 1799, entitled 'an act to regulate the collection of duties on imports and tonnage."

Mr. SMITH, of Maryland, then took a review of the revenue system; explained the objects of this bill; the necessity for it, which had been made apparent by the transactions which had lately taken place at Philadelphia. He adverted to the act of 1799, and explained the different sections, and the reasons which had induced the Committee of Finance to propose the present amendment to that act.

Mr. HOLMES, of Maine, also offered some remarks in explanation of the bill, in the necessity of which he en tirely agreed with the Chairman of the Committee. As regarded the late transactions at Philadelphia, he understood a very serious loss was likely to be sustained. It arose either from some fault of the Collector, in pernitting the owner or importer of the goods to have the control of the warehouse in which they were deposited or from some mistake in delivering up the certificate, when he ought not to have done so. Whether there lad been any fraud on the part of the officers of the Government, he was not prepared to say. Mr. H. said he fought it probable the time would come (and might not be far distant) when they would find it the interest of the Government, and for the safety and profit of the revenue, to build publie warehouses of their own, in the principal ports of the Union.

Mr. LLOYD, of Massachusetts, said, that the object of the law of 1799 was to grant a facility to the merchants of the country, by allowing them to warehouse their teas and spirits under the custody of the Custom-house, without putting them to the inconvenient necessity of immediately seeking sureties, for a heavy amount, when, perhaps, the article deposited might never come into the consumption of the country, or not do it for a long period thereafter, or again be trans-shipped to some other country for the benefit of drawback. That he knew nothing of the losses which were said to have occurred in Philadelphia, except from vague rumors and newspaper accounts; but from them he feared a heavy loss would be sustained by the United States. In this, however, he might be mistaken, as he had no direct information on the subject. If there should be such loss, he apprehended it would arise from what he should consider a misconstruction of the law of 1799, the provisions of which appeared to him good, and, perhaps, sufficient. They required that the article of teas should, where the importer wished it, be bonded by his individual bond, and the teas be deposited in a warehouse,

[SENATE.

under the custody of the officers of the customs; to which warehouse there should be two locks, the key of one of which should be kept by the Collector or Inspector, the key of the other by the importer; the object of which was, that, as both the Government and the importer had an interest in the property, and, with regard to the cheaper kind of black teas, an equal interest-for the duty was equal to the cost-they both should have a control over it; and the object of having two locks, if he understood it, was, that they should be locks with different wards, as int the vaults of a bank, so that it would require the concur rence of both the parties in interest, to have access to the property; without this, two locks were no better than one. The law of '99, he said, further provided, that, when the goods were thus warehoused, a general certificate was to be given by the Custom-house to the importer: this was the evidence he had of his property being deposited, when he wanted to take the property from the warehouse to bring it into the consumption of the country or to sell it; then he must pay or secure the duty, and was to receive a special certificate for each package, and without which it was liable to seizure if met in the streets of any city, or on board any vessel in the harbors of the United States. This individual certificate, if he might so term it, was never to be delivered until the duties were secured; if it were done before, it was done erroneously.

He said he had only seen the bill under discussion that morning; he did not object to it; but, if severe losses had occurred, he feared they would be found to arise, rather from the administration of the law of 1799, than from a defect in its provisions.

Mr. SMITH moved to fill up the blank in the clause to punish the officer of the customs with fine and imprisonment, in certain cases, with four thousand dollars as the mit of the fine, and three months as the limit of the imprisonment.

Mr. HOLMES moved twelve months as the limit of the term of imprisonment.

Mr. COBB, of Georgia, said, it appeared, from what had transpired of the occurrences which had taken place at Philadelphia, that there was something like fraud on the part of the Custom-house officer. A fine of four thousand dollars would not, he thought, affect much the perpetrator of such a fraud. He understood the loss which was likely to be sustained by the Government, by that transac tion, amounted to between five and eight hundred thousand dollars; and, if it had arisen from the connivance of the custom-house officer, he would laugh at a fine of four thousand dollars. The importer of goods on which such a large amount of duties would accrue, would find it to his interest to bribe him with a sum much larger than would suffice to pay this fine. Mr. C. said, that, when a heavy loss was likely to accrue from the misconduct of the custom-house officer, he thought the fine ought to be augmented; it should amount almost to as much as the loss which might accrue to the United States. The sum now proposed would be, as a fine, no punishment at all. Mr. C. said, he should say, a sum not exceeding twenty thousand dollars ought to be inserted in lieu of the proposed sum of four thousand dollars.

Mr. HOLMES said, that, by a reference to the bill, it would be found that the punishment to be inflicted was a fine not exceeding and imprisonment for a term not exceeding -; that either or both of the said punishments might be inflicted, according to the nature and aggravation of the offence. The delinquent would, moreover, be removed from office. Mr. H. did not pretend to say whether the fine would be sufficient to deter them from the commission of the offence, but he thought the imprisonment would, and he should prefer that the term of the imprisonment should be increased, instead of increasing the fine. He thought that the fine could not be fixed quite high enough to deter men in cases of this kind.

SENATE.]

Duty on Foreign Spirits-Case of Commodore Porter.

[JAN. 23, 1826.

the whole subject into consideration, he thought it properly belonged to the other House, and when it came before the Senate they would consider it.

Mr. COBB thought, if the custom-house officer took a bribe in a case like this, imprisonment would have no effect on him. A man might import tea to a great amount; might say he could not pay, or give security for the pay- Mr. FINDLAY said, if the position taken by the genment of the duties, and the goods would be warehoused; tleman from Maryland was correct, he had been in error the duty on these teas might amount to $800,000. This when he had formerly made the motion to raise a Comman would make money by bribing the custom-house of-mittee on Agriculture-there could be no occasion for a ficer with $100,000, to permit him to take these teas out Committee on Agriculture, unless this petition, and others of the public warehouse; and how was it proposed to of a similar nature, were referred to it. It was true, this punish this officer who should receive the bribe? Dismiss House had not the power to originate a bill laying a tax, him from his office? The officer would not mind that. A but they could originate a bill to repeal any branch of fine of $4,000 he would laugh at, and he would think revenue whatever. The purport of this petition was not lightly of the imprisonment; for on coming out, he would so much for a repeal of any branch of the revenue, but to be left to the enjoyment of $96,000, thus fraudulently ac- encourage the manufacture of domestic spirits, and to proquired. This would be no punishment at all. The term of vide a home market for the produce of the farmer. imprisonment should extend beyond twelve months, or he Mr. HOLMES hoped that the petition would be referred would turn it into ridicule. In cases like this, where it ap- to the Committee on Agriculture. When the motion for peared it was in the power of the importer and custom- appointing a Committee on Agriculture was under discushouse officer to benefit themselves, it would be necessary sion, Mr. H. said, he had expressed it as his opinion, that to place it in the power of the court to impose such a there was nothing which could be referred to such a compunishment as would deter them from the commission of mittee, but what properly belonged to the Committee on such a crime. Mr. C. said, he should move to extend the Finance, and this petition was a full proof, a practical illuslimit of the term of imprisonment to five years. tration, of what he had then advanced. Nothing could be Mr. WOODBURY did not oppose an increase of the proposed, affecting the Agriculture of the country, but sum of the fine, but thought, before it was definitely fixed, would affect, likewise the Finances of the country. He it should be considered that the collector, for such mis- was happy that the Committee on Agriculture had been conduct as was alleged to be true at Philadelphia-and for appointed, inasmuch as it would lighten the labors of the such as was made penal by the bill-would be liable not Committee on Finance. The petition contained no proonly to removal from office, and such fine and imprison- position to lay a tax, but, on the contrary, to repeal a tax ment as should be prescribed, but would be answerable, which amounts to two millions of revenue annually. He without doubt, in his private capacity, for all damages sus-wished the Committee on Agriculture to take the subject tained by the United States-and his suretics also be liable

to the extent of his official bond.

up, and make a report on it, to show what would be the probable effects of a repeal of the tax on foreign spirits. The question was then taken on the reference to the Committee on Agriculture, and decided in the affirmative.

CASE OF COMMODORE PORTER.

Mr. FINDLAY said he was not in possession of any particular information relative to the transactions at Philadelphua-and he thought the Senate ought to be made acquainted with the origin and causes of the evil proposed to be remedied before they legislated on the subject. He On motion of Mr. DICKERSON, of New Jersey, the was informed from a respectable source that the Execu- Senate proceeded to the consideration of the following retive had sent a confidential agent to Philadelphia to in-port of the Committee on Naval Affairs, made some days quire into the whole affair. He therefore moved to lay ago: the bill on the table to await a report on the subject from the agent.

This motion prevailed, 18 to 12.
The Senate adjourned to Monday.

MONDAY, JANUARY 23, 1826.

DUTY ON FOREIGN SPIRITS.

"The Committee on Naval Affairs, to whom was referred a etter from Captain DAVID PORTER, of the United States' Navy, requesting an investigation of charges contained communications from Thomas Randall and John Mountan;' and to whom was also referred a letter from THOMAS RANDALL, on the same subject, together with a communication from the Secretary of the Navy, covering the Proceedings of the Court of Inquiry and Court Martial, in relation to Captain Porter,' report:

Mr. MARKS presented the petition of sundry agriculturists, citizens of Pennsylvania, praying that such a duty "That they have had these several communications unmay be laid on foreign ardent spirits as may prevent its der consideration, and find nothing in the character of the importation; and Mr. M. moved its reference to the Com-transactions to which they relate, that requires the intermittee on Agriculture. ference of this House.

Mr. MACON thought that as such a measure would be the same as a tax bill, which this House could not originate, it would not be worth while to refer the petition. If such a bill were to come from the other House, then this petition might properly be referred with it to the Committee on Finance; but its reference now would be premature and

useless.

The memorial having been read, at the instance of Mr. MARKS,

submitted to the proper tribunals; and the Committee do ["It appears that the case of Captain Porter has been not feel themselves warranted in forming any opinion unfavorable to their decisions, or indulging any impression that their proceedings require revision. The committee consider it due alike to the preservation of a proper disshould not be encouraged from the decisions of the Military cipline, and to the reputation of our officers, that appeals Courts. Under this view of the subject, and seeing no Mr. SMITH said the memorial was of a very strong satisfactory reason for interposing the authority of the financial character, and it was probable that Congress House in matters which have been finally settled by the would not, in the present state of the finances, consent to competent authorities,] the committee ask leave to be a total relinquishment of revenue from foreign spirits, un-discharged from the further consideration of the subject.” less an excise was laid on the distilled spirits of the country. The revenue arising from the duty on imported spirits amounts to wo millions of dollars. It was not probable that such an amount could be deducted from the revenue unless its place were to be supplied by an excise on the distilled liquors of the country. Therefore, taking

The report having been read

Mr. DICKERSON observed, that the Naval Committee must have misunderstood the application of Commodore Porter. They consider him as appealing from the decision of the Court to whom his case was referred—and the intimation that the preservation of proper discipline requires

JAN. 23, 1826.}

ask their attention to it.

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the sphere of piracy, and the ports of the Gulf of Mexico, the usual termini of those cruisers. They stop at the large ports of this island, barely time enough to take in water and other supplies, to land or receive specie, and then, after a long cruise, return to the United States; their usefulness limited to the convoying of a few vessels from the coast."

These, and many other observations of Mr. RANDALL, are made, more from the information derived from others, than from his own observation-but not the lesss injurious to Commodore Porter.

that appeals should not be encouraged from the decisions of Military Courts, and that, under this view of the subject, the committee request to be discharged from the further consideration of the subject, is an indirect censure upon Commodore Porter for having made this supposed appeal. A sentiment like this, Mr. D. was not willing to sanction by any vote of his. Nothing was more remote from the intentions of Commodore Porter, than to appeal from the Court of Inquiry which had, by their report, most honorably acquitted him of the charges founded upon the letters of Mr. Randall and Mr. Mountain, and to which alone he has solicited the attention of the SeMr. Mountain is much more explicit. In his letter to nate. If this is an appeal at all, it is not from the courtbut, from sentiments expressed against him upon this Mr. Warner, dated Havana, Oct. 30, 1824, he says, floor last winter, when the subject of carrying specie by "herewith accompanying, I have given you a long exour West India squadron was partially discussed, and tract of a letter from Mr. Lattin, of Matanzas. It is a la when we had but a part of the information which such a mentable fact, that,unless some efficient measures are taken discussion required. If this subject had not been brought by our Government, to put a stop to the pirates, our poor before the Senate last winter, without the consent of Cap- Countrymen must suffer; it is too true, our trade has not been protected on this side of Cuba, since early last tain Porter, and in his absence, he would not at this time spring; our men of war have, it is certain, been here, and In January last, it was known to the Senate and to the off here, on their way to, or from, the ports in the Bay of A thirst for making money Public, that Commodore Porter had been recalled from Mexico, carrying freight. his command in the West Indies, to answer to charges prevails with others, as well as those in the Island of Cuba." This language cannot be misunderstood by a sinwhich the Executive considered of great national concern. This call, under these portentous and undefined gle citizen of the United States. And least of all, by the charges, was calculated to throw a cloud over the charac-officers of our squadron in the West Indies, whose chater of this gallant officer: at such a time as this, it was all-racters were to be affected by it. A thirst for making money important to him, that no impression unfavorable to his prevails with others-who are these others? The officers character should be made upon the Senate of the United of our squadron-and who are those of the Island of States; at such a time as this, it was all-important to him, Cuba? The pirates. This is the language of Mr. Mounthat no such impression should be made upon the Public; tain; though not explicit, yet not to be misunderstood. and most especially was it important to him, that, if impres- Thus, sir, the officers of our squadron in the West Indies, so far as regards a thirst for making money, are compared sions must be made against his character upon the Public, those impressions should not be strengthened by the to pirates. Yes, the gallant officers on that station, who approbation or concurrence of this Senate. At this time were risking their lives-who were sacrificing their lives the President was called upon for such information as he for their country-are classed with the enemies of the human race-and that by an Agent of the United States. possessed, and which might be safely communicated, reUpon information of this character, a discussion took lative to the piracies referred to in his message; in answer to which, on the 13th of January, he sent a message con- place in the Senate, on the 2d of February last, in which taining, among other things, the letters and extracts of let- observations were made, extremely unfavorable to the chaters, from Mr. Randall and Mr. Mountain, which placed racter of Commodore Porter, and the officers under his the conduct of Commodore Porter, and the squadron un-command, but which seemed to be justified by the inder his command, in a most unfavorable point of view. formation laid before the Senate. Among other things, Mr. Randall, in his letter to the Se- went to charge Commodore Porter and his squadron, with the transportation of specie, to the neglect of his cretary of State, dated at Havana, 1st October, 1824, says "I take the liberty to add some remarks, on the disposi-duty, and the important interests of the country, it was tion and conduct of the naval forces of the United States on this station, which were designed to be employed in the suppression of Piracy. It is here a matter of common observation and complaint, that the antipiratical squadron has effected nothing against the pirates, commensurate with its numbers and force, during the last six months." Again, "I allude to the carrying of specie for our merchants in vessels of war, the whole effect of which, is to give a trifling premium of insurance to one class of the community, which would otherwise be paid to another class."

Again" But experience shows that the suppression of piracy, and the transportation of specie, on the late system, are incompatible. The first, alone, is more than sufficient to occupy all the time and energies of any force we can detach for that service. It must be evident that officers arriving here, their vessels freighted with large sums of money, deliverable in the United States or elsewhere; for which they have signed bills of lading, and on which insurance has been effected by all parties, for their respective interests, have contracted obligations, always embarrassing and frequently adverse to the performance of some important service. Such has been the predicament of many vessels of the United States, designed to protect our trade against the pirates, which have merely touched at this island in their voyages to and from other islands out of

As this information

but right, that the orders authorizing this carrying of specie, if such existed, should also be laid before the Senate-and, in the President's message, we find the orders of Secretary Thompson, of the 1st of February, 1823, in which he says, "you will embrace the object of protecting the convoy of specie from Vera Cruz, and the Mexican Coast, generally, to the United States. Keep one vessel, at least upon this service, to be at, or near Vera Cruz, during the healthy season of the year, and to be relieved, as occasion shall require; both for the convoy of trade, or to bring specie to the United States, confining the transe portation to the United States only.'

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It will be seen by this, that the power to carry specie was very limited-confined to the convoy and to the transportation of specie to the United States only, which could by no means justify the carrying of specie from one place or port to another in the West Indies; and by no means affording a justification against the charges contained in the letters of Mr. Randall and Mr. Mountain. Yet these orders have been communicated, and no others of a later date upon the subject, it was to be presumed that none others, affording a justification to Commodore Porter and his squadron, existed. That the Senate acted under this impression, is evident from their remarks. Yet, sir, there were later orders to Commodore Porter, giving much more extensive powers as to the carrying of

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