FEBRUARY, 1797.] Military and Naval Appropriations. TH. OF R, dollars to that purpose, he could see no reason for Mr. GALLATIN said, there had been 7,000 dolgranting twenty thousand dollars for repairing lars expended at West Point; the other 13,000 the forts of Niagara, Oswego, and Detroit, against dollars were not intended for that fort. The prea few Indians; as it was well known that a block-sent appropriation was doubtless intended for the house was as good a fortification against the In- forts mentioned, and those in the same quarter. dians as any other. When the regiment was If anything was wanted for West Point, a disraised to go and take possession of that country, tinct proposition should come before them for that they built all their forts as they went along, with- purpose. out any expense, except the price of a few tools. He hoped, therefore, they should not, by voting for this sum, introduce a new item of expense into their annual appropriations. Mr. W. SMITH observed, that the gentleman last up had stated that only 7,000 dollars had been expended at West Point; that was only the amount which had been expended at the time the estimate was made; but the whole might have been since laid out, as then only 520,000 dollars of the appropriation of the Military Establishment had been Mr. GALLATIN said, that the total expenditure of the estimate alluded to was 1,280,479 dollars. The question was put and negatived, there being only 19 votes in favor of it. Mr. W. SMITH agreed with the gentleman last up, that enough had not been appropriated for the defence of the ports and harbors of the United States; but if they had done wrong in one in-expended. stance, it was no rule why they should continue to do so. He thought it very important that the forts he had mentioned should be so secured at least as that they should not go to ruin. Under this item was included West Point, which was a fort of great consequence; and he would rather forty thousand dollars were appropriated than twenty thousand for this purpose. The Committee then rose and had leave to sit again. TUESDAY, February 28. A message from the Senate informed the House that the Senate had passed the bill, entitled "An Mr. DEARBORN said, as far as the proposition re- act repealing so much of an act, supplementary to lated to Niagara, Oswego, and Detroit, he thought an act, entitled 'An act to provide a Naval Armait improper to appropriate money for their defence. ment,' as relates to the officering and manning of He believed it would require a year or two to the frigates building in the United States, and ap know what was necessary to be done there. At propriating money for the purpose of finishing the Niagara, the works were large enough for six or frigates United States, Constitution, and Constelseven thousand men, and it would become a ques-lation," with several amendments; to which they tion whether they should be reduced, or kept up desire the concurrence of this House. as they were; at Oswego, nothing more could be necessary than a block-house. It was true, there were considerable works there, but until it was decided what they should do with them, it would be improper to appropriate money for their repair. The same thing might be said of Detroit. He had no idea that the PRESIDENT could have information from those places of what was necessary. Whatever temporary repair that might be required, the troops themselves would be able to Mr. GALLATIN, from the committee appointed effect. As to West Point, he did not know any- to confer with a committee of the Senate on the thing about it, except that it was a place of con- disagreeing vote of the two Houses on the subject sequence; he also knew that a great deal of mo- of the balances due from individual States to the ney had been laid out upon it. He hoped they United States, reported that they had held several should get into a new system with respect to the conferences with the committee of the Senate, defence of our ports and harbors; and until that but not having come to any agreement, the com was done, he should be against granting any con-mittee recommend to the House not to recede siderable sum for this purpose. If gentlemen were from their disagreement to the amendment of the in possession of any information on the subject, he Senate. Ordered to lie on the table. perhaps might be induced to vote for a small sum; but not until he knew more of the matter. Mr. LIVINGSTON spoke of the importance of the fort at West Point, and of the necessity of keeping it in proper repair. Mr. Corr said, the question seemed to have taken a new turn. He presumed that West Point was not in the idea of the Secretary of War when he made the estimate upon which this bill was founded. If it had been, it would have been very improper to have begun with Oswego, and include West Point in the et cetera. In June, 1796,20,000 dollars, he said, were appropriated for the repairs of this fort, and they had not been informed that it had been expended. Mr. LIVINGSTON, from the committee appointed to inquire whether any, and what, alterations were necessary in the act passed last session for the relief and protection of American seamen, made a report, which was referred to a Committee of the Whole to-morrow. The committee to whom was referred the amendments of the Senate on the Post Office bill, recommended the amendment to be agreed to. The Secretary of State, to whom was referred the petitions of George Smith and John Robertson, who prayed for a repayment of the money which they had themselves paid for their ransom from Algerine slavery, reported that the ransom of George Smith cost $2,426, of which Colonel Humphreys had paid $1,526, and George Smith the remainder; that by the late return of our citizens from Algiers, the expense attending the redemption of each man was ascertained to be $2,396, independent of the expense of the general negoti ation, and allowing for small inaccuracies on ac H. OF R.] Military and Naval Appropriations. [FEBRUARY, 1797. count of some expenses which could not at pre-propriations; when, the pay and subsistence of sent be ascertained. He recommends, therefore, three Captains in the Naval department being unthat George Smith have paid him $873, which, der consideration— with the sum paid by Colonel Humphreys, would make about $2,400. John Robinson paid for his own ransom $1,518, the interest upon which came to $516, the Secretary therefore recommends that $2,034 be paid to him. On motion of Mr. SWANWICK, this report was referred to a select committee, viz: Messrs. SWANWICK, BLOUNT, COIT, SEWALL, and PARKER. Mr. SWANWICK thought it would be necessary to have a laborer or two employed to take care of the vessels and materials. Mr. W. SMITH said, the estimate for the Captains was $4,200; if the sum was made $5,000, there would be sufficient for the payment of any laborers which might be necessary. Agreed to. The blank for the payment of Military Pen- A message from the Senate informed the House that the Senate have passed the bill, entitled "An act in addition to the act, entitled 'An act making an appropriation to satisfy certain demands attending the late insurrection, and to in-eral Sevier into the Cherokee nation, $22,816. crease the compensation to jurors and witnesses in the Courts of the United States," with several amendments; to which they desire the concurrence of this House. The House proceeded to consider the amendments proposed by the Senate to the last mentioned bill; whereupon, Resolved, That this House doth agree to the first amendment, and doth disagree to the last amendment to the said bill. A message from the Senate also informed the House that the Senate adhere to their amendment, disagreed to by this House, to the resolutions of the fifth ultimo, "relative to the balances found due by Commissioners for settling accounts between the United States and individual States." The Senate have passed a bill, entitled "An act concerning the Circuit Courts of the United States;" to which they desire the concurrence of this House. GENERAL APPROPRIATION BILL. The Committee now rose, and had leave to sit again. The House again resolved itself into a Committee of the Whole on the Military Appropriation Bill, and, after debating several articles, they got through the whole. The Committee rose, and just as the amendments were about to be taken up in the House The following Message, in writing, was received from the PRESIDENT OF THE UNITED STATES, containing his objections to the bill for fixing the Military Establishment: Gentlemen of the House of Representatives : Having maturely considered the bill to alter and amend an act, entitled "An act to ascertain and fix the Military Establishment of the United States," which was presented to me on the twenty-second day of this month, I now return it to the House of Representatives, in which it originated, with my objections. First. If the bill passes into a law, the two companies of light dragoons will be, from that moment, legally out The amendments from the Senate to the bill in the service; and for their services during this interof service, though they will continue afterwards actually making appropriations for the support of Govern- val, namely, from the time of legal to the time of actual ment for the year 1797, were taken up and agreed discharge, it will not be lawful to pay them, unless some to, as also those to the bill laying additional duties future provision be made by law. Though they may on sundry articles of impost. The amendments be discharged at the pleasure of Congress, in justice which were agreed to were, to add to white cot- they ought to receive their pay, not only to the time of ton goods, "velvets and velverets, whether print-passing the law, but at least to the time of their actual ed, stained, colored, or otherwise, and all muslins discharge. and muslinets, two and a half per cent." And also a new section, enacting that an addition of 10 per cent. should be laid upon these articles when imported in ships or vessels not of the United States. The duties are to take place after the 31st of De-portant service. cember next. POST OFFICE BILL. Secondly. It will be inconvenient and injurious to the public to dismiss the light dragoons as soon as notice of the law can be conveyed to them, one of the companies having been lately destined to a necessary and im Thirdly. The companies of light dragoons consist of one hundred and twenty-six non-commissioned officers and privates, who are bound to serve as dismounted The House took up the report of the select com- dragoons when ordered so to do. They have received, mittee on the amendirents of the Senate to the in bounties, about two thousand dollars; one of them Post Office and Post Road bill, which they went is completely equipped, and above half of the non-comthrough, agreeing to some and rejecting others.missioned officers and privates have yet to serve more One of the amendments agreed to was, that GEORGE than one-third of the time of their enlistment; and, beWASHINGTON shall have the privilege of frank-sides, there will, in the course of the year, be a consiing letters and packets during his life-yeas 38, noes 26. MILITARY AND NAVAL APPROPRIATIONS. ed to be continued. Under these circumstances, to disderable deficiency in the complement of infantry intendcharge the dragoons does not seem to comport with economy. The House again resolved itself into a Commit- either militia or regular, will be necessary; and, accordFourthly. It is generally agreed that some cavalry, tee of the Whole on the Military and Naval Ap-ng to the best information I have been able to obtain, it is my opinion that the latter will be less expensive UNITED STATES, February 28, 1797. On motion, "Resolved, That to-morrow be assigned for the reconsideration of the said bill, in the mode prescribed by the Constitution of the United States." The question to concur was put and carried40 to 37. [H. OFR. French landed there, and put into Portsmouth, where their vessels had been seized for tonnage duties; they prayed for a remission of the duties. The report was favorable. It was opposed by Mr. Corr, as being contrary to law, but supported by Messrs. SWANWICK, W. SMITH, and SEWALL, as one of those strong cases which ought to form an exception to any general rule. The report was finally agreed to; afterwards a bill was reported, it was engrossed for a third reading, and, before the House rose, passed. The bill directing certain pensioners to be placed on the pension list was read a third time and passed. A bill was received from the Senate concerning the Circuit Courts of the United States; which was twice read, and committed to a Committee of the Whole to-morrow. MILITARY ESTABLISHMENT. Mr. GALLATIN wished the bill for fixing the Military Establishment, which had been returned by the PRESIDENT OF THE UNITED STATES, with his objections, to be taken up. Mr. GALLATIN then moved to postpone the further consideration of the bill until the first Monday in December next. The amendment of the Senate, he said, which had just been adopted, put the bill upon this ground: The law, which was of doubtful construction, was not to be repealed, but suspended. This would go to establish what was at present doubtful. It would be as much as to declare that the PRESIDENT should have the power to man the frigates; on the other hand, if they said nothing, but suffered the bill to die, the contrary construction would prevail. He thought the true Mr. W. SMITH hoped this subject would be construction of the law at present was, that the taken up, but before it was entered upon, he wishPRESIDENT had not the power to man the vessels; ed the Committee of the Whole to be discharged but if the bill were passed, as amended, by sus- from the consideration of it, as he found, in a former instance of a similar kind, the business had pending the power, they would give him the powIf no bill was passed, he was of opinion the been settled in the House. The Committee was PRESIDENT Would not attempt to man the frigates. accordingly discharged. The House then proceedHe never looked upon this bill in any other lighted to reconsider the bill, agreeably to the directhan as settling a doubtful point; and since the amendment of the Senate had been agreed to, the best way would be not to pass the bill at all. The question for postponement was put and carried-43 to 29. er. PENSION CLAIMS. The House resolved itself into a Committee of the Whole on the bill for placing certain persons on the pension list; when a considerable discussion took place on motions to admit Samuel Hull and Godfrey Sweet upon the bill. The former was proposed by Mr. DAYTON, (the Speaker,) and the latter by Mr. VAN ALLEN. Neither of them, it seems, had complied with all the forms of the law, though there seemed to be little doubt that both were entitled. The only informality in the case of Samuel Hull was, that his affidavits had been taken before Justices of the Peace instead of Judges of the District Court. Mr. D. plead this poor man's cause in a most feeling manner; and the consequence was, that Samuel Hull was placed on the pension list. tion of the Constitution. The bill was first read, and then the objections of the PRESIdent. The bill is in the following words: An act to alter and amend an act, entitled “ An act to ascertain and fix the Military Establishment of the United States." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the third section of the act passed the thirtieth of May, one thousand seven hundred and ninety-six, entitled "An act to ascertain and fix the Military Establishment of the United States," together with all other parts thereof which relate to provision made for the Major General and his staff, be repealed; and that all such parts of the said act which relate to the light dragoons, together with so much of the twenty-third section of the said act as may be construed to affect the Brigadier, and the whole of the eleventh section of the said act be, and are hereby, repealed. And be it further enacted, That there shall be one Brigadier General, who may choose his Brigade Major and Inspector from the Captains and subalterns in the line, (to each of whom there shall be allowed the monthMr. VAN ALLEN was not so successful, thoughly pay of twenty-five dollars, in addition to his pay in the case of Godfrey Sweet appeared to be a hard whenever forage shall not be furnished by the public, to the line, and two rations extraordinary per day; and one, and he had only failed to give evidence of the ten dollars per month, in lieu thereof.) That there rates of his disability. The bill was ordered to be shall be one Brigade Quartermaster, one Brigade Payengrossed for a third reading. master, and one Judge Advocate, who shall be taken from the commissioned officers of the line, and each of whom shall be entitled to receive two rations extra per day, and twenty-five dollars per month, in addition to his pay in the line; and whenever forage shall not be furnished by the public, to ten dollars per month, in lieu thereof. WEDNESDAY, March 1. Mr. SWANWICK made a report on the petitions of James O'Brien and James Aylwards, mariners, who fled from Newfoundland at the time the And be it further enacted, That, from and after the thirtieth day of June next, the monthly pay of the Lieutenants shall be thirty dollars, and that of the Ensigns, twenty-five dollars; that to the Brigadier, while Commander-in-Chief, and to each officer, while commanding a separate post, there shall be allowed twice the number of rations to which they would otherwise be entitled. And be it further enacted, That the Majors be entitled to receive four rations per day for their subsistence. And be it further enacted, That to each commissioned officer who may have been deranged under the act "to ascertain and fix the Military Establishment of the United States," or who may be deranged under the present act, there shall be paid one hundred dollars. JONATHAN DAYTON, Speaker of the House of Representatives. President of the Senate pro tempore. The SPEAKER then read the clause in the Constitution which directs the proceeding on such an occasion, and which says, that in case two-thirds of the House wherein it originated shall be in favor of passing the bill, it shall be sent to the other, and if two-thirds of that House be also in favor of it, it shall become a law. The votes of both Houses to be determined by yeas and nays. Mr. NICHOLAS said, he meant to vote against the bill, but he did not wish to stand charged with refusing to pay the men for the time they were in service. He thought this bill was by no means liable to a charge of this kind. As it could scarcely be supposed that, at the time they were making a voluntary gift of $100 to every officer discharged, the Legislature meant to defraud the men of their pay. [MARCH, 1797. have been given to them, they would also have been mentioned. Mr. WILLIAMS was sorry that some things had not been more attended to, when that bill was under consideration; and, although there would be a difficulty respecting the Brigadier General and Staff, yet he thought the objections wellfounded, and would vote against the passing of the bill, in order that a new one might be brought in to avoid the objections, from the demands lately made for the protection of the frontiers of Georgia and Tennessee, which amounted to upwards of $300,000; he fully agreed with the PRESIDENT that it would be less expense to keep up the two companies of dragoons than to employ militia horse. The yeas and nays were then taken, and stood 55 to 26, as follows: YEAS.-Theodorus Bailey, Abraham Baldwin, David Bard, Thomas Blount, Richard Brent, Nathan Bryan, Daniel Buck, Dempsey Burges, Samuel J. Cabell, Gabriel Christie, Thomas Claiborne, John Clopton, Isaac Coles, Henry Dearborn, William Findley, Jesse Franklin, Albert Gallatin, James Gillespie, Christopher Greenup, Andrew Gregg, William B. Grove, Wade Hampton, Carter B. Harrison, John Hathorn, Jonathan N. Havens, John Heath, James Holland, Andrew Jackson, Geo. Jackson, Aaron Kitchell, Edward Livingston, Matthew Locke, Samuel Maclay, Nathaniel Macon, Jas, Madison, John Milledge, Andrew Moore, Frederick A. D. Orr, John Page, Josiah Parker, John Patton, John Muhlenberg, Anthony New, John Nicholas, Alexander Richards, John S. Sherburne, Thompson J. Skinner, Israel Smith, Richard Sprigg, jr., Thomas Sprigg, William Strudwick, John Swanwick, Zephaniah Swift, Abraham Venable, and Richard Winn. Mr. W. SMITH did not see any necessity for the observations of the gentleman from Virginia. There was nothing in the Message of the PRESI- Coit, William Craik, Samuel W. Dana, James DavenNAYS.-Fisher Ames, Theophilus Bradbury, Joshua DENT which charged that House with an inten-port, George Dent, George Ege, Abiel Foster, Dwight tion to defraud the men of their pay. Whatever was the design of gentlemen, this was not the charge. But certain it was that this would be the result of the bill, and it would be six weeks or two months before they could be notified that the act was passed. It was the legal opinion of the Attorney General, therefore, that they would not be entitled to pay during that time. Mr. NICHOLAS was sorry that the gentleman from South Carolina and he did not think alike on the subject; he thought the objections he had made were necessary, and he had made them for the purpose stated. He thought the PRESIDENT ought not to have doubted their willingness to have allowed the pay in question. He was of opinion the House had given some extraordinary proofs of their liberality this session; amongst other proofs of this, they had determined to appropriate money for the building of a thirty-six gun frigate, which he had caused to be built without authority. But the pay of these men was so much a point of law, that he believed the men would have been entitled to pay. Foster, Ezekiel Gilbert, Nicholas Gilman, Chauncey Goodrich, Roger Griswold, Robert Goodloe Harper, Thomas Hartley, Thomas Henderson, William Hindman, John Wilkes Kittera, Samuel Lyman, William Lyman, Francis Malbone, William Vans Murray, Elisha R. Potter, John Reed, Samuel Sewall, Samuel Sitgreaves, Jeremiah Smith, Nathaniel Smith, Isaac Smith, William Smith, George Thatcher, Richard Thomas, John E. Van Allen, Peleg Wadsworth, and John Wil liams. The bill being accordingly lost, Mr. NICHOLAS moved that a committee be appointed to bring in a new bill, which being agreed to, a new bill was reported (exactly the same as the former, except an omission of the parts objected to by the PRESI DENT.) It was ordered to be engrossed for a third reading, and afterwards passed. On motion of Mr. AMES, the House went into a Committee of the Whole on the bill for placing certain buoys in and near the harbor of Boston; which was agreed to, after filling up the blank for six large buoys with $1,600, and that for ten small ones with a like sum; the bill was ordered Mr. W. SMITH said, their having agreed to give for a third reading, and afterwards passed. each of the officers $100, without mentioning the The bill for extending the time for receiving on men, rather went against the gentleman's conclu-loan the Domestic Debt of the United States, sion; because, if anything had been intended to went through the same form, and was passed. MARCH, 1797.] Distilled Spirits-Hanging Maw. DUTIES ON DISTILLED SPIRITS. The House resolved itself into a Committee of the Whole on the amendments of the Senate to the bill for making regulations with respect to the duty on spirits distilled within the United States. They proposed to do away the licenses for two weeks, and to provide only for monthly licenses, to bear date on the first day of every calendar month. Mr. HARRISON hoped these amendments would not be agreed to. It was well known that, in the Southern parts of the Union, there was a small distillery on almost every farm; but, if these amendments were adopted, it would have the effect to destroy them, and the law would become particularly odious to the people; it would, also, wholly defeat the purpose of raising revenue from the tax. Mr. PARKER also alleged that it would be the ruin of many small stills; there were a thousand, he said, in his district, which did not distil one hundred gallons a year. When the law was passed which had been in force, Mr. P. said, he was obliged to quiet the minds of the people by telling them that it was according to the Constitution. Many, he said, had not fruit enough to employ a still more than two or three weeks; besides, owing to their inconvenient situation, they were frequently obliged to stand still in the middle of their work. Indeed, he thought if they were oppressed too much by this law, the consequences would be bad, for though he did not immediately conceive of an insurrection, yet they certainly would oppose the officers of collection, and, from one step to another, it may lead to that dangerous end. He thought, as times were rather critical, and we had enemies enough abroad, we should be careful not to make them at home also. Mr. DAYTON said, nothing could be more true than the observations of the gentlemen last upthis would certainly tend to ruin all the small stills. He was sorry no more attention was paid to the public good. Its tendency must go to destroy all small distilleries, and without any aid to the revenue, but would lessen it, for at least onethird of the distilleries would drop. He hoped, therefore, the House would adhere to their former resolutions, without which he would rather no bill should pass. Mr. MACON spoke to the same effect, observing that, as there could be no good, it would be wrong to run a risk of either. The question, on a disagreement from the Senate, was then put, and passed unanimously. CASE OF HANGING MAW. Mr. BLOUNT called for the order of the day on the report of the Committee of Claims on the petition of the widow of the late Scollacuttaw, or Hanging Maw. The House accordingly went into a Committee thereon, when the report was read, as follows: [H. or R. "After examining the statement made by the petitioner, and the facts upon which she rests her present application, the committee have found some difficulty in deciding what measures would be most advisable for the House to adopt. "Previous to, the attack on the Hanging Maw, the frontier settlers of Tennessee and the Indians in that quarter had been guilty of mutual acts of agression and hostility. A party of the Indians had killed some settlers; their trail was discovered, conducting across the Tennessee-this circumstance induced a belief in their pursuers that the Hanging Maw had been concerned in that business, and occasioned his being wounded, and the misfortunes complained of by his widow. The general opinion, however, represents the Hanging Maw as having been uniformly friendly to the settlers; as vigilant to apprise them of the approach of banditti, and constant in his exertions, on all occation; and, withal, as possessing considerable influence sions, to compose difficulties between them and his naover the Indians. The same disposition is also attributed to his widow, the present petitioner; who, instead of exciting her people to acts of retaliation, has abated nothing in her friendship to the white people. "All these circumstances seem to countenance, if not to require for her a pension from the Government, or some other relief from the Legislature. Such a provision might also be considered as extending its influ ence beyond the particular object; or, as an inciting cause to other Indians to pursue a similar line of conduct, under circumstances alike cruel and distressing, should they happen. "But, on the other hand, it is to be considered that there are citizens on the frontiers who have suffered dians; and who have been thereby left in situations of injuries as cruel, and deprivations as severe, by the Indistress that would equally call for assistance from the Legislature. Questions arise whether both descriptions of sufferers ought not to be provided for? Whether the abilities of Government would be competent to meet all possible claims of this nature? And whether help can be extended by law to the one, and consistently refused to the other? "It may be said that those who settle on the frontiers voluntarily assume all the risks and dangers attached to that position; and, therefore can have no just claim upon the Government for consequences resulting from their choice; whilst, on the contrary, policy requires that the minds of Indians, who may be roused to hostility by acts of the settlers, should be quieted by small pecuniary interpositions. "Under these views of the subject, the committee have hesitated what report to make; but, upon the whole, as the authority vested in the Executive Department is competent to meet this claim; and should the petitioner, from her sufferings and her attachment titled to any annual relief, as it may be afforded out of to the United States, appear to the Executive to be enthe appropriations for contingent expenses in the Indian department, without any interference of the Legisla"That the complaints against the conduct of one ture, and as this mode will probably involve the fewest John Beard, and a number of armed men, who, she difficulties, the committee think she should apply to states, in the year one thousand seven hundred and that department; and that the prayer of her petition ninety-three, contrary to law and the good faith of Go-ought not to be granted." |