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Army Appropriation.

[JANUARY, 1817.

tions, as their notes would be the same as specie. | ers would not be able to evade paying the Mr. C. thought the regulation fair and just, be-second specie instalment, and that the bank cause it put all subscriptions on the same foot- had, in its adoption, acted indiscreetly. ing, as all who deposited stock would be enabled to obtain a loan; but without it, a few stockholders in Philadelphia and New York, able to give security and obtain discounts, would alone have had the benefit of the aid now extended to all.

After some further remarks from Mr. Ross, Mr. INGHAM, and Mr. FORSYTH, in support of their respective opinions, the resolution was adopted-ayes 89, nays 68.

THURSDAY, January 9.

Another member, to wit, from New York, JOHN B. YATES, appeared, and took his seat. FRIDAY, January 10.

Bank of the United States.

Mr. CALHOUN, from the Committee on the National Currency, to whom was referred a resolution, directing them to inquire whether the directors of the United States Bank have adopted any arrangements by which the specie portion of the second instalment can be evaded or postponed, made a report, as follows:

Mr. Ross was in favor of the resolution, believing the regulation inexpedient as regards the public interest; because, although the bank might, by these discounts, do a good business without sending abroad a single note, the loans being made to those who would pay them in again, it would not at all promote the public interest or convenience. Mr. R. argued at some length in favor of the resolution, and to show that the regulation was improper and partial, and intended only to benefit the favorites of the bank. Mr. GROSVENOR said the real question was, whether the bank had power to receive its own notes for the second instalment. The directors The Committee on the National Currency, to had shown no disposition to evade specie pay- whom was referred the resolution of the House, ments. Look at the fact, said he. They have directing them to inquire "whether the President sent to Europe to obtain a large supply of specie, and Directors of the Bank of the United States have and have thus taken means to insure the pay-adopted any arrangement by which the specie porment of specie. After showing their willingness to comply with the injunctions of the laws, shall we, said Mr. G., go into the bank to disturb them? The bank was now negotiating largely for specie in England, and a trivial circumstance might create alarm there and defeat the negotiation. For that reason, he thought the inquiry inexpedient. The bank had manifested no symptom of evading its duty, but had shown the reverse; had evinced a desire to lay a sure foundation for specie payments. The only way the bank could have avoided the regulation, was to have closed its doors, not to have commenced business until after the second instalment was paid, otherwise the subscribers would throw their notes in and get out the specie. He thought there were no grounds for the inquiry.

tion of the second instalment can be evaded or postponed, and, if such arrangement has been made, the expediency of adopting some regulation by which the payment of the specie portion of the second instalment may be enforced at the time required by the act of incorporation, or within a limited time thereafter"

Report, that they have availed themselves of the opportunity of obtaining the information required by the House, through the Honorable James Lloyd, one of the directors of the National Bank, now in this city. In answer to their inquiries, the committee received from him the letter which accompanies this report; and, on mature examination of the facts disclosed by it, they are of the opinion that the bank, in adopting the arrangement, were actuated by a sincere desire to effect the great objects for which it was instituted, as well as a regard to its own imme diate interest.

The committee are unanimously of opinion, that it would be inexpedient to adopt any regulation: and, therefore, report the follow reso

lution:

Resolved, That the Committee on the National Currency be discharged from further proceeding on the above recited resolution.

Army Appropriation.

The House then, on motion of Mr. LOWNDES, went into Committee of the Whole, on the bill making a partial appropriation (in blank of course) for the subsistence of the army during the year 1817.

Mr. Roor said they had been promised at the last session, that the filthy rags with which the country was infested, would be put to flight by this gigantic institution; but it had been foretold that this bank would never have more than $1,400,000 in specie, and an amendment was made doubling the second specie instalment, that the bank might not go into operation on the first instalment alone. It seemed that the reasonable expectations of Congress had not been fulfilled, and it was asked now to inquire into it; and this inquiry must be resisted, because it might embarrass the negotiations of the bank minister in London. But he thought the inquiry would rather facilitate those negotiations, which opinion he argued to establish, and to show that if it even enhanced the price of specie in the country, that would induce its greater importation, and tend to restore an equilibrium in its value. He argued also to show that, but for this regulation, the subscrib-to

The reason stated by the Committee of Ways and Means for reporting this bill at present was, that, it being usual to advance a certain sum to contractors for rations, it was necessary to make a partial appropriation for facilitating the contracts about going into operation.

The blank was filled with $400,000.
Mr. CLAY rose, not to object to the bill, but
observe that the great expenditure annually

JANUARY, 1817.]

Neutrality.

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required by the Military Department, which | those gentlemen (Messrs. CLAY and JOHNSON) this year would probably exceed six millions, using the almost unparliamentary word econmust have struck every one, and on the neces-omy, and talking about retrenchment, &c. To sity there was that the House should be certain the bill under consideration, however, he had that a proper investigation and scrutiny into no sort of objection. these expenditures should take place; as he believed there were three committees who might each very properly consider the duty as devolving on them.

Mr. LOWNDES stated the course adopted by the Committee of Ways and Means, in acting on the estimates for the Military Department; the limited power of that committee in controlling those estimates, &c.

Mr. JOHNSON, of Kentucky, made some remarks to show that the appropriations heretofore made were necessary for the military service; and stated the different branches of the War Establishment, the Indian department, the Ordnance department, fortifications, arsenals, &c., the expenses of which were defrayed out of the annual military appropriations, though the great loss in the destruction of military stores, and at the manufactories of arms, &c., had swelled the expenditures beyond what ought hereafter to exist; and expressing his anxiety for economy in every branch of the Government, and his wish to reduce, as soon as practicable, the public burdens, &c.

Mr. CLAY still thought the Government paid more money and got less military services than any other country in the world, and his object was to know if any proper examination had been made to ascertain whether the extraordinary expenditure of the Military Department might not be retrenched, &c.

Mr. RANDOLPH expressed his pleasure at hearing in this House the long-exploded word economy, and at witnessing the most distant ray of promise of a return to old Democratic principles; and then went into a pretty general view of what he termed the extraordinary expenditures of our Military Establishments, which, in the army, amounted to about $900 a man, and in the navy to nearly $1,000 per man. He referred to his motion at the last session to reduce the army, and its failure, and the resolution he had taken to make, during the remainder of his public life, no further attempt to reform public abuses, &c. He commented on the enormous amount of the civil expenditures of the Government, which arose not from enormous salaries, (for, he said, many of their officers were absolutely starving,) but from the great number of officers, greater than in any other country, under the General and State Governments. Having, as this House had, no patronage whatever, but only the odium of every obnoxious public measure, they ought to still feel the necessity of scrutinizing into the public expenditures; and as it was impossible, in the nature of legislation, divided into opposite parties, for a member of the minority to make any effectual attempts to correct abuses, he called on the members of the majority to perform that duty, and expressed his pleasure at hearing

Mr. CLAY, in reply, said, that if he had been alluded to, his opinions had undergone no change, since he had voted on Mr. RANDOLPH'S motion at the last session; that he did not yet think the Military Establishment ought to be destroyed, but that now, as always, he desired to know whether the expenditures were requisite, whether appropriations were necessary and properly applied, and in what way the public money could be economized, &c.

Mr. LOWNDES also replied to Mr. RANDOLPH, as to the extraordinary expense alleged to be incurred by the Government for each man in the military service. The military force might be so small, the number so few, that in dividing amongst them the whole expense of all the branches of the establishment, it might swell the cost of each man to what had been stated, but it would be a most extraordinary mode of estimating the expense of the army, and he offered facts and arguments to show that the expense of each man had not exceeded $400; that the amount of the army greatly exceeded the number of 7,000, as surmised in the debate, and the less reason there consequently was to suspect a wasteful expenditure or excessive appropriations heretofore.

TUESDAY, January 14. Patent Office.

Mr. SMITH, of Maryland, presented a memorial of William Thornton, keeper of the Patent Office, stating that no direct provision exists in the laws upon the subject of patents, inventions, and discoveries, embracing the case of statuary, and soliciting that an additional act may be passed upon the subject. Referred to the Com mittee of Commerce and Manufactures.

Neutrality.

Mr. FORSYTH, from the Committee on Foreign Relations, reported the following bill: A Bill to prevent citizens of the United States from selling vessels of war to the citizens or subjects of any foreign power, and more effectually to prevent the arming and equipping vessels of war in the ports of the United States, intended to be used against nations in amity with the United States.

SEC. 1. Be it enacted &c., That if any citizen of the United States shall, within the limits of the same, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly aid or be concerned in the furnishing, fitting out, or arming any private ship or vessel of war, to sell the said vessel or contract for the sale of the said vessel, to be delivered in the United States or elsewhere, to the purchaser, with intent or previous knowledge that the said vessel shall or will be employed to cruise or commit hostilities upon the subjects, citizens, or property of any Prince or State with whom the United States are at peace, such person so offending

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shall on conviction thereof be adjudged guilty of a high misdemeanor, and shall be punished by a fine not exceeding ten thousand dollars, and imprisonment not exceeding ten years; and the trial of such offence shall either be in the district of the United States wherein the vessel was fitted out and armed, or in

that wherein the contract of sale was made.

SEC. 2. And be it further enacted, That the owners of all armed ships, sailing out of the ports of the United States, and owned wholly or in part by citizens thereof, shall enter into bond to the collector, with sufficient security, prior to clearing out the same, in double the amount of the value of the vessel and cargo on board, including her armament, that the said ship or vessel shall not be employed, either by the owners or by any person to whom they may sell, or pretend to sell, the same, in cruising or committing hostilities upon the subjects, citizens, or property of any Prince or State with whom the United States are at peace.

SEC. 3. And be it further enacted, That the collectors of the customs be, and they are hereby, respectively authorized to detain any vessel bound from the United States, whenever the cargo on board shall principally consist of arms and munitions of war, and when, from the number of men shipped on board, or from any other circumstance, it is their opinion that there is an intention to violate the neutral obligations of the United States to foreign Governments, until the decision of the President be had thereupon, or until the owner enters into bond and security, such as is required of the owners of armed vessels, by the

second section of this act.

SEC. 4. And be it further enacted, That no foreign ship or vessel shall be armed and equipped, nor shall the force of any foreign armed ship or vessel be increased or augmented in the ports of the United States, under any pretext whatsoever.

The bill was committed to a Committee of the Whole.

Colonization Society.

[JANUARY, 1817.

come to the same result as to the future compensation, as a majority of the committee had done. He should, he said, vote against the repeal of the present compensation taking a retrospective operation; he wished the repeal to take place on the fourth day of March next, whom were elected to regulate this matter, the and leave it to the next Congress, four-fifths of right of fixing it. He was desirous, he said, to give them a responsibility which he presumed they would be proud to assume, and should vote against adding at this time a single cent to the old compensation of six dollars per day.

Mr. FINDLAY, of Pennsylvania, next rose to speak on the subject. His rising occasioned a deviation from the usual order of the House, by the members crowding round him, which may be attributed to the general respect for his years, experience, and intelligence.

After making some general observations on the nature of this subject, Mr. F. gave a concise history of what had been formerly done, respecting the compensation of members of Congress. He stated that under the confederation, each State paid its own members, and instructed and recalled them at pleasure; that, when Congress money gave way to specie, some States paid eight dollars a day, some more, and some less. Pennsylvania paid six dollars, but had great difficulty to procure members willing to serve. Some small States gave but four, and were rarely ever represented. It must be well known to those who remember that period, and paid attention to it, that nine States out of the thirteen, were a quorum necessary to make requisitions on the States and other important business, and that this number could with difficulty be got together one month in a year.

When the National Government was organized, the committee of the Representatives to Mr. RANDOLPH presented a petition of the whom the compensation of the members was President and Board of Managers of the Amer-referred, took an average of what the States ican Society for colonizing the free people of color of the United States, praying that Congress will aid with the power, the patronage, and the resources of the country, the great and beneficial object of their institution; which was read, and ordered to lie on the table.

themselves had paid their members, and it was either six dollars, and one-third or two-thirds, which is now forgot. They reported, however, six dollars a day for the Representatives, but limited it to a time after the census would be taken, and a more equal representation would take place; when that time came, about twenty years ago, the subject was again referred to s The House proceeded to the order of the day committee. A salary was proposed and adon the bill to repeal the Compensation Law, so vocated, but believing it was contrary to pub called, and substitute therefor a per diem allow-lic opinion, or at least the common practice in ance; and the bill having been read in Committee of the Whole

Compensation Law.

Mr. JOHNSON, of Kentucky, said that, in moving, as he now did, to fill the blank (for the amount of future daily compensation) with eight dollars, he obeyed the instructions of the committee who reported this bill, of which he was a member. There had been in the committee a diversity of opinion on this subject, one or two gentlemen preferring nine or ten, and a bare majority consenting to eight. Although he did not differ from the committee in the reasonings of their report, he could not feel it his duty to

paying the State Legislatures, this was dropped, and a compensation of eight dollars a day reported; after a discussion this was rejected by one, or at most two votes.

There had about this time been a consider able rise of expense, and several State Legisla tures had increased their compensation, yet Congress, believing that this arose from tem porary causes, increased the compensation of clerks and some subordinate officers, and of the Heads of Departments, for a limited time, which, however, has been renewed. When the eight dollars was rejected, some members openly de

JANUARY, 1817.]

did so.

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clared their intention to decline, and actually | would be the case before the next Congress, it would be equal. This was no new thought of his. He, agreeably to his own opinion of the public good, had determined to vote for a moderate increase of wages before he left Congress; for obvious reasons such a question had been delayed until long after the State Legislatures had set the example.

Mr. GROSVENOR, of New York, said he was in favor of retaining the salary feature, because he thought it most consistent with the public in

Mr. F. said, that to members whose farms supported their families, and who did not bring their families with them, the six dollars a day would still pay their expenses; but to such as have to support their families by their industry in any occupation, it would not do. Several members, to his own knowledge, had tried it a few sessions, sending the half of their wages monthly to support their families, but had to decline. It was well known that members pre-terest. But if that law must be repealed, one ferred almost any offices in the gift of the United States, as well as of their own State, to a seat in Congress; and it is evident that, for want of the attendance of members, the most important measures were frequently transacted in a thin House, which certainly ought not to be the case.

He observed that, agreeably to the principles of our Government, all classes, and all interests, ought to be represented in Congress. He knew that the wages might be made so low, that but one class, viz: the wealthy, who could afford the expense, and did not depend on their own personal industry, would serve. But this would change the nature of the Government. But even if the compensation was raised, or the salary established, there would always be many who would not serve, many to whom no wages we ought to give would compensate their loss, and there are many whom no compensation we could give would induce to leave their endearing families, comforts, and cares, to serve at such a distance from home as many of the members have to do. Some who have done so, always reflect on it with deep regret.

Mr. F. said, as this was the last session he ever would serve, his voting for an increase of the daily wages, as he designed to do, could contribute very little to his advantage, when it was known that, though he was not here last session, to vote either for or against the compensation law, being prevented by sickness, he was yet entitled to receive the compensation, but would not claim nor would he receive it; therefore expected that voting for an increase of wages would not be imputed to him as the result of self-interest. He would not vote for the repeal of the salary, because he thought it contrary to the constitution or any principle of the Government, but because he thought it inexpedient. On the whole, Mr. F. said that he wished to leave those who succeeded him on a footing equal to what he was himself when he came into Congress. He wished a reasonable compensation to be fixed, to continue until after the next census; not but what he knew every Congress had equal power as the first Congress had, to fix their own compensation. All the State Legislatures have done so, some of them oftener than once. He would vote to fill the blank with eight dollars, not because he thought it equal to six when he went first into Congress, but because he thought, when the currency was regulated to a specie standard, which he hoped

great objection to that course would be removed by the adoption of the amendment suggested by the gentleman from Virginia. If touched at all, said he, it should be in such a manner as not to brand our names and that of the Congress to which we belong, to the latest ages, with dishonor and disgrace. I would not put into my pocket that compensation which I believe to be right, and refuse it to our successors, or put into my pocket what I believe unjust, and keep it there. For the purpose, therefore, of removing this great and prominent difficulty in his mind, he should move to fill the blank with "ten" dollars-not that he should, if his motion succeeded, vote for this bill, because in the abstract he preferred a salary. He would make the mileage different, however, and at a less rate than that. Mr. G. disclaimed any intention, at this time, to enter. into the general question, reserving himself for a future opportunity.

Mr. CLAY (Speaker) next addressed the Chair. For one, he confessed he had been greatly gratified at the self-respect which the House had manifested in the course this subject had received. He did think, he said, that at the commencement of the session, he would not say an improper, but an unnecessary degree of zeal had been displayed in taking up this subject; and he had been highly gratified in finding that the House had determined that the subject should take that dispassionate course which belonged to its character.

He did not agree, he said, with gentlemen, several of whom had expressed an opinion on this occasion and on a former, that the dissatisfaction expressed through the country in regard to this law, was to be attributed wholly to faction, to demagogues, or designing men. Some of it perhaps might; but when we find, in all parts of the country, even in those having no intercourse with each other, a general dissatisfaction, we are bound to conceive that the people are really opposed to the measure.

It became this House, on the present occasion, Mr. C. said, to deliberate, to act calmly and considerately. He would not, he said, examine the causes of dissatisfaction from Maine to Georgia, from the shores of the Atlantic to the remotest west; whether it had arisen from misconstruction of the act, from want of information as to the considerations which made it expedient, &c. In relation to his own district, he had great pleasure in stating what had been the

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Compensation Law.

(JANUARY, 1817.

of its members shall, or ought to, receive any compensation during this session, agreeably to the principles of the law of last session. That this retrospective operation was objected to, but it was admissible, on the principle that Congress had a right to fix their own compen

fact. When I went home, said he, I do not recollect having met with one solitary individual of any description of party who was not opposed to the act, who did not on some ground or other think it an improper and unjust law. But after it had been discussed and examined with all its lights, I did not find (as far as I re-sation, and on the ground that the precedent collect) a solitary individual who did not admit that the augmentation of the compensation of the members was a just and proper measure. The result of all that I heard was a conviction on my mind that the people remain dissatisfied with the form, but that ninety-nine out of a hundred are satisfied that there ought to be an augmentation of the compensation of the members, proportionate to the depreciation of money, or, what is the same thing, to the increase in the price of commodities since 1789. For his part, then, Mr. C. said, he had a disposition to do justice to the members as well as to the people. If the compensation were reduced so low as that none but opulent men could aspire to seats in this House, the evil predicted by the fathers of the constitution would be realized; and all the middling class of society, that in which the weight of talents is to be found in this country, would be banished from the legislative councils.

Mr. C. said, that under such impressions, he should vote for a higher compensation than six dollars per day. He felt indifferent whether it should be now fixed at eight, nine, or ten dollars; confident whichever sum should be agreed to, that not only the people of the district which he represented would approve, but that the whole American people would sanction the measure by their approbation. He differed from an honorable gentleman from New York with regard to an increase of the mileage. He thought that also ought to be increased, for, he asked, who makes the greatest sacrifice in coming here? The members from the greatest distance certainly. If, then, the mileage be increased in the same ratio with the daily pay, the greatest benefit will be bestowed where there is the greatest burden.

Mr. HENDRICKS said he was decidedly in favor of a repeal of the law of last session, but he did not think the bill before the committee the best possible substitute. This bill contemplated the repeal of the law of last session, from the time of its passage. That this bill, then, while it speaks the language of repeal, allows the members on this floor to put their hands into the Treasury and draw the proportional part of fifteen hundred dollars, which will be coming to them from the commencement of the present Congressional year, to the time of the passage of the bill. That there was no repealing clause in the law of last session, and, of course, nothing else was necessary, than a bare repeal of the law. The old law, on the subject of compensation, would stand revived, of course. This simple repeal was what he wished, and with such a retrospective view or operation, as would at least express an opinion of this House, that none

fixed at last session was in point. The law of last session had a retrospective operation. Mr. H. said that, on the ground of the public sentiment, he had no doubt. That the public sentiment of his district had to him been fully and officially expressed through the medium of the Legislature of Indiana; that the Senators from that State had been officially instructed, and himself requested, to use their votes and influence to have that law repealed, and, if no such expression of public sentiment had been expressed, he should have no doubt of its existence. There was scarcely a man, he believed, in the remote settlements of Indiana, who had not heard and reprobated the law; and it was no wonder, said Mr. H., that his constituents disapproved of that law. Their ideas of expenditure were very unlike those of all the Eastern cities. Six dollars per day sounded large enough to them.

WEDNESDAY, January 15.

The Compensation Law. The House resumed the consideration of the bill to repeal the act changing the mode of compensation of the Senators, Delegates, and Repre sentatives in Congress.

Mr. BARBOUR said that, before the decision of this question, he asked the indulgence of the committee, while he very concisely stated his views of the subject, and the reasons which would influence him to vote in favor of the bill upon the table, having for its object the repeal of the compensation law of the last session.

Mr. B. said that he should vote for the repeal of that law, partly for the reasons which had induced him to vote against it at the last session and partly for a most important reason which had occurred since that time he meant the decided expression of the public opinion on the subject. When this question was before the House at its last session, he said, he was opposed to the passage of the law, first, because he con sidered the compensation to members not as a remuneration for labor or personal services not as an indemnification for individual sacri fices-but as intended to defray the expenses of members, incurred by reason of their situation as members. He thought it was obvious the compensation could have no relation to the individual sacrifices of the members, because they vary with the varying situations of different members.

As far as he had been able to procure infor mation, he felt no hesitation in expressing it as his opinion, that no measure, since the instit tion of this Government, had excited so much dissatisfaction, as the one now proposed to be

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