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FEBRUARY, 1817.]

Internal Duties.

[H. OF R.

as we have witnessed? No, sir. I feel justified | believe, will generally hold good throughout in stating, that if the President had advised it, the late war, that the officers and soldiers of there would be scarcely a dissenting voice. But the new Establishment contributed most to the what would be the consequence of such a meas- defence of their country. The same remark ure upon the character and reputation of this applies to the troops of other nations. When House? It would be resounded from one end troops have been enlisted just so long as to be of the continent to the other by the friends of perfectly disciplined and no longer, they fight the Executive, that he deserved all the praise best; after they have become enervated by all for alleviating the burdens of the people; that the irregularities of a camp life, they are not so his superior foresight, penetration, and love of much to be depended on. Taking, then, these country, had pointed out that wise and benefi- data, it becomes both a duty and a matter of cent measure. In this state of the case, the wise policy, in regard to the future defence of President would have more of the praise and our country, to curtail the Army. Suppose we gratitude of the nation than he was entitled to remain at peace ten years, we have now an receive, while Congress would be regarded Army of ten regiments, costing the Government rather as instruments in the hands of the Exec-annually $500,000 each. If we reduce the utive, than as the immediate agents of the people, laboring exclusively for the good of those whom they represented.

number to five, we shall in ten years save $25,000,000; if we continue the additional five, we shall in that time expend $25,000,000. The last, but not the least reason with me for These $25,000,000 would keep in service fifty repealing the taxes is, that it may become neces-regiments for one year, or twenty-five regisary to reduce the Army. For my own part, I ments for two years. Then, by reducing the think the taxes may be taken off, and the Army Army, we shall at the end of ten years be able permitted to remain at the present number of to employ fifty regiments for one year, or ten thousand. But I am conscious, that so long twenty-five regiments for two years. Now, as we continue to raise money and vote sup- sir, I would ask whether, by reducing the plies, there will be no disposition either to Army, we shall not, at the end of ten years, be practise economy, or curtail any of the expensive better able to defend the country with fifty establishments which now exist. It is the regiments or with twenty-five, as the case may opinion of some gentlemen that, with the exist- be, in the manner above stated, than if we do ing Military Establishment, it would be im- not reduce it, and at the end of ten years have proper to dispense with the taxes. I wish it only the ten old regiments, worn out and entherefore (by repealing the taxes) to become feebled by all the irregularities of a camp life, necessary in the opinion of those gentlemen to and in the experience of every country not so reduce the Army. This part of the subject is much to be relied on? I will not say that my as important as any which can or will come view is exactly correct in all its details, but before Congress at this or any other session. that the principle of it is true cannot be doubtIt involves a principle of politics which appeared ed. Were it, therefore, only for the purpose of at one time to be settled, but which now ap-saving $25,000,000, and of being thereby better pears again to be in doubt. It is my opinion able at the end of ten years to defend the counthat the Army ought to be reduced to six thou- try, I should vote to reduce the Army. But sand; first, because standing armies in time of when, in connection with this view of the case, peace have ever been held dangerous to the liber- we reflect on the danger of a standing Army ties of a free people; and, secondly, because of unnecessarily large in time of peace, we should the unnecessary expense to which we are sub-not, in my judgment, hesitate a moment as to jected by supporting an army of ten thousand.

There is one other point of view in which this subject ought to be considered, and in which it becomes a matter of great policy, if not of imperious duty, to reduce the Army. It is, that a reduction now will conduce hereafter to the more effectual and substantial defence of the country. I well know that it is invidious to draw comparisons, and I trust not to be understood in what I shall say as meaning the least disparagement to any description of troops during the late war; they all did their duty.

But

as there are three degrees of comparison, I would ask whether the officers and soldiers enlisted a long time prior to the late war, or those enlisted immediately before the war and during its continuance, won the battles which have done so much honor to the country? Brown and Jackson, and the officers and soldiers who fought under their banners, were not of the old Military Establishment. It is a rule which, I

the course which ought to be pursued.

Mr. HULBERT moved to lay the resolution on the table.

This motion was opposed by Messrs. CANNON,
SHARPE, and HARDIN, and supported by Messrs.
ROBERTSON, SHEFFEY, SMITH, of Maryland, and
LowNDES, on various grounds and at some
length.

THURSDAY, February 20.
Internal Duties.

The order of the day, on the proposition to repeal the internal taxes, having been announced, a motion was made to postpone the orders of the day, in order to take up the annual pension bill. This motion was supported by Messrs. CALHOUN, CHAPPELL, TAYLOR, FORSYTH, and SOUTHARD, and opposed by Messrs. WILLIAMS, FLETCHER, WEBSTER, and CANNON, in an animated conversation, rather than debate, and was negatived, 67 votes to 65.

H. OF R.]

Evening Session.

[MARCH, 1817.

The House then proceeded to the order of And Messrs. JACKSON and PITKIN were apthe day, on the resolution to repeal the internal pointed a committee pursuant to the said resoduties. lution.

Mr. ALEXANDER was in favor of laying the resolution on the table; not that he was opposed to a repeal of the taxes-but he should conceive it mere pretension, at the present period of the session, to vote for the resolution. Mr. LITTLE said he believed many of the taxes to act oppressively on a large portion of his constituents, and should therefore have been in favor of a repeal of them, had not the question of a reduction of the Army been connected with it. He believed his constituents, if the question was put to them individually, would not consent to the repeal of the taxes, if it was to involve the reduction of the Army.

The question on laying the resolution on the table, was then taken, and resulted—yeas 77, nays 78.

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The question was then put "Shall the previous question be now taken?" and decided in the negative-yeas 36.

Mr. THOMAS then moved that the resolution

Mr. HULBERT spoke at some length in decid-be postponed to the 2d day of March, which ed opposition to the repeal, on the broadest was decided in the affirmative-yeas 82, nays 73, as follows: grounds.

Mr. FORSYTH, Conceiving that it must now be obvious to every gentleman that no result could flow from this proposition, at the present session, moved, to try the sense of the House, to postpone the resolution to a day beyond the

session.

After some conversation on this motion, the question was taken by yeas and nays, and decided in the negative-yeas 77, nays 83.

Mr. PICKENS moved to amend the resolution by adding to the end of it these words "and the duty on salt," so as to repeal that duty also.

This proposition gave rise to much debate, in which Mr. KILBOURN particularly spoke at considerable length, in opposition to the amendment, but in favor of the main proposition.

The question on the proposed amendment was decided by yeas and nays-for the amendment 91, against it 67.

So the amendment was agreed to.

Mr. SHEFFEY and Mr. RANDOLPH renewed the discussion of yesterday, made a number of remarks on subjects not perhaps immediately connected with the proposition before the House, but which had been introduced into the debate.

FRIDAY, February 21.

Mr. JACKSON offered the following resolution, which he stated grew out of the report made a few days ago by the committee on the part of this House on the subject:

Resolved, That a committee be appointed on the part of the House of Representatives of the United States, to notify the honorable JAMES MONROE of his election to the office of President of the United States, for the ensuing term of four years; and that the Speaker of this House cause a similar notice to be given to the honorable DANIEL D. TOMPKINS of his election to the office of Vice President of the United States, for the same term.

YEAS.-Messrs. Adgate, Alexander, Archer, Atherton, Baker, Barbour, Bassett, Bateman, Bennett, Betts, Birdseye, Breckenridge, Brown, Caldwell, CalYork, Clarke of North Carolina, Condict, Conner, houn, Carr of Massachusetts, Chappell, Clark of New Creighton, Crocheron, Findlay, Forney, Forsyth, Gaston, Gold, Griffin, Hahn, Harrison, Heister, Hopkinson, Huger, Hulbert, Ingham, Irving of New York, Jackson, Johnson of Kentucky, Kent, Kerr of Virginia, Little, Lowndes, Lumpkin, McLean, Middleton, Miller, Mills, Milnor, Jeremiah Nelson, Thomas M. Nelson, Newton, Ormsby, Pickering, Pleasants, Rice, Robertson, Ross, Ruggles, Savage, Schenck, Smith of Pennsylvania, Southard, Stearns, Taggart, Tallmadge, Taul, Taylor of New York, Taylor of South Carolina, Telfair, Thomas, Townsend, Ward of Massachusetts, Webster, Wendover, Wilde, Wilkin, Willoughby, Thomas Wilson, Woodward, Yancey, and Yates. Boss, Bradbury, Bryan, Burwell, Cady, Cannon, NAYS.-Messrs. Adams, Baylies, Birdsall, Blount, Champion, Cilley, Clayton, Clendennin, Comstock, Cook, Cooper, Crawford, Culpeper, Davenport, Desha, Dickens, Edwards, Fletcher, Goldsborough, Hale, Henderson, Hendricks, Herbert, Hooks, Hungerford, Jewett, Johnson of Virginia, Kilbourn, King, Langdon, Law, Lewis, Love, Lyle, Lyon, William Maclay, William P. Maclay, Marsh, Mason, McCoy, McKee, Moffitt, Moore, Mosely, Hugh Nelson, Noyes, Parris, Peter, Pickens, Piper, Powell, Reed, Roane, Sharpe, Smith of Virginia, Strong, Stuart, Sturges, Tyler, Vose, Wallace, Ward of New York, Ward of New Jersey, Wheaton, Whiteside, Wilcox, and Williams So the subject was laid on the table.

SATURDAY, MARCH 1. Evening Session.

A motion was made to adjourn to to-morrow (Sunday) at 11 o'clock, and negatived-68 to 48, by yeas and nays.

MONDAY, March 8.

The following resolution was submitted by The resolution being read, was agreed to, Mr. WILDE, which was read, and ordered to lie and a committee appointed accordingly. on the table:

MARCH, 1817.3

Veto of Internal Improvement Bill.

Resolved, That a committee be appointed on the part of this House, to join such committee as may be appointed on the part of the Senate, for the purpose of making arrangements relative to the time and manner of administering the oath of office to the President elect of the United States.

Thanks to the Speaker.

On the motion of Mr. MILLS, it was Resolved, unanimously, That the thanks of this House be presented to the Hon. HENRY CLAY for the ability and impartiality with which he has presided over its deliberations, and the correctness with which he has performed the arduous and important duties of the chair.

Veto of Internal Improvement Bill.

A Message was received from the President of the United States, by Mr. Todd, his Secretary, who, by command of the President, returned to the House the bill passed by the two Houses, entitled "An act to set apart and pledge certain funds for internal improvements," and presented to the President for his approbation and signature, this day, to which bill the President having made objections, the same were also delivered in by the said Secretary, who then withdrew.

The said objections were read, and are as follow:

To the House of Representatives

of the United States:

Having considered the bill this day presented to me, entitled "An act to set apart and pledge certain funds for internal improvements," and which sets apart and pledges funds "for constructing roads and canals, and improving the navigation of water-courses in order to facilitate, promote, and give security to internal commerce among the several States, and to render more easy and less expensive the means and provisions for the common defence; " I am constrained, by the insuperable difficulty I feel in reconciling the bill with the Constitution of the United States, to return it with that objection, to the House of Representatives, in which it originated.

The legislative powers vested in Congress are specified and enumerated in the 8th section of the first article of the constitution; and it does not appear that the power proposed to be exercised by the bill is among the enumerated powers; or that it falls, by any just interpretation, within the power to make laws necessary and proper for carrying into execution those or other powers vested by the constitution in

the Government of the United States.

"The power to regulate commerce among the several States," cannot include a power to construct roads and canals, and to improve the navigation of water-courses, in order to facilitate, promote, and secure such a commerce, without a latitude of construction departing from the ordinary import of the terms, strengthened by the known inconveniences which doubtless led to the grant of this remedial power to Congress.

To refer the power in question to the clause "to provide for the common defence and general welfare," would be contrary to the established and consistent rules of interpretation; as rendering the special and VOL. V.-46

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careful enumeration of powers, which follow the clause, nugatory and improper. Such a view of the constitution would have the effect of giving to Congress a general power of legislation, instead of the defined and limited one hitherto understood to belong to them; the terms, "common defence and general welfare," embracing every object and act within the purview of a legislative trust. It would have the effect of subjecting both the constitution and laws of the several States, in all cases not specifically exing expressly declared "that the Constitution of the empted, to be superseded by laws of Congress; it beUnited States, and laws made in pursuance thereof. shall be the supreme law of the land, and the judges of every State shall be bound thereby, any thing in the constitution or laws of any State to the contrary notwithstanding." Such a view of the constitution, finally, would have the effect of excluding the judicial authority of the United States from its participation in guarding the boundary between the legislative powers of the General and the State Governments; inasmuch as questions relating to the general welfare being questions of policy and expediency, are unsusceptible of judicial cognizance and decision.

A restriction of the power "to provide for the common defence and general welfare," to cases which are to be provided for by the expenditure of money, would still leave within the legislative power of Congress all the great and most important measures of Government; money being the ordinary and necessary means of carrying them into execution.

If a general power to construct roads and canals, and to improve the navigation of water-courses, with the train of powers incident thereto, be not possessed by Congress, the assent of the States in the mode provided in the bill cannot confer the power. The only cases in which the consent and cession of particular States can extend the power of Congress, are those specified and provided for in the constitution.

I am not unaware of the great importance of roads and canals, and the improved navigation of watercourses; and that a power in the National Legislature to provide for them might be exercised with signal advantage to the general prosperity. But seeing that such a power is not expressly given by the constitution; and believing that it cannot be deduced from any part of it without an inadmissible latitude of construction, and a reliance on insufficient precedents; believing also that the permanent success of the constitution depends on a definite partition of powers between the General and State Government, and that no adequate landmarks would be left by the constructive extension of the powers of Congress, as proposed in the bill, I have no option but to withhold my signature from it; and to cherishing the hope that its beneficial objects may be attained by a resort for the necessary powers, to the same wisdom and virtue in the nation which established the constitution in its actual form, and providently marked out, in the instrument itself, a safe and practicable mode of improving it, as experience might suggest.

MARCH 3, 1817.

JAMES MADISON.

The question was then taken in the mode prescribed in the Constitution of the United States, "that the House, on reconsideration, do agree to pass the said bill," the President's objections to the same to the contrary notwithstanding.

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And determined in the negative-yeas 60, nays 56, as follows:

YEAS.-Messrs. Clay, (Speaker,) Alexander, Archer, Birdseye, Breckenridge, Brooks, Cady, Calhoun, Chappell, Clendennin, Comstock, Conner, Creighton, Culpeper, Forsyth, Gaston, Griffin, Hahn, Hall, Harrison, Henderson, Herbert, Hopkinson, Huger, Hulbert, Ingham, Irving of New York, Johnson of Kentucky, Kent, Kerr of Virginia, Kilbourn, Little, Lovett, Lyle, Middleton, Milnor, Jeremiah Nelson, Ormsby, Peter, Pickering, Reynolds, Ross, Savage, Schenck, Sharpe, Sheffey, Tate, Taylor of New York, Telfair, Wallace, Webster, Wendover, Whiteside, Wilde, Wilkin, Thos. Wilson, Wm. Wilson, Yancey, and Yates.

[MARCH 1817. that the Senate, having completed the legisla tive business before them, are now ready to adjourn.

An adjournment being moved and secondedMr. Speaker CLAY arose and addressed the House as follows:

GENTLEMEN: Before I perform the last duty of the presiding officer of the House, I will avail myself of the occasion to make my respectful acknowledgments for the flattering expression of favorable opinion which has been recently made, and which was rendered more interesting by the quarter from which it proceeded. Next to the approbation of one's own conscience, and one's country, that of the immediate NAYS.-Messrs. Adams, Atherton, Baer, Baker, representatives of the people must ever be most acBarbour, Bassett, Blount, Boss, Bradbury, Carr of ceptable. But I feel that in the instance of that just Massachusetts, Clarke of North Carolina, Clayton, bestowed on me, I am more indebted to the kindness Davenport, Desha, Dickens, Edwards, Fletcher, For- than to the justice of the House. For I am quite ney, Goldsborough, Goodwyn, Hale, Hawes, Hunger- sensible, that in the course of my administration of ford, Irwin of Pennsylvania, Jewett, Johnson of the duties of the Chair, called upon, as I frequently Virginia, King, Law, Lowndes, Lyon, William Mac- was, promptly to decide complicated and embarrasslay, Marsh, Mason, McCoy, Mills, Hugh Nelson, ing questions, as they suddenly arose, I must have Noyes, Parris, Pitkin, Pleasants, Reed, Root, Rug- committed many errors. And if I have been able, gles, Smith of Maryland, Southard, Stearns, Strong, in any degree, to satisfy the just expectations of the Sturges, Tallmadge, Taul, Vose, Ward of Massachu-House, it is owing to that liberal support which has setts, Ward of New York, Ward of New Jersey, Wil- been, on all sides, generously accorded me. cox, and Williams.

And so the said bill was rejected.

[It will be observed that the Speaker, on this occasion, differing from every other question before the House, claimed and exercised the right to vote. Two-thirds being required to decide the question affirmatively, the bill did not pass.]

[The committee were accordingly discharged.] Closing Business.

On motion of Mr. JACKSON, a committee was appointed on the part of this House, jointly with such committee as may be appointed on the part of the Senate, to wait on the President of the United States, and notify him of the proposed recess of Congress. And Mr. JACKSON and Mr. HOPKINSON were appointed of the committee on the part of this House.

Mr. JACKSON, from the joint committee aforesaid, reported that the committee had waited on the President of the United States, and performed the duty delegated by the resolution, and were informed by the President that he had no further communication to make to Congress.

Ordered, That a message be sent to the Senate to inform them that this House, having completed the business before them, are now ready to adjourn, and that the Clerk go with the said message.

The Clerk accordingly went with the said message; and, having returned, a message was received from the Senate, informing the House

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In legislation there are three periods of extraordinary difficulty, and requiring great fortitude. The first is that which immediately precedes a war, and in which preparation is made for the event. The second, that which accompanies the war: and the During the two first, however, there were animating third, that which immediately follows the war. circumstances always existing, which invigorated the legislative function. During the last, the stimulus is gone, and being replaced by relaxation, the legislator needs more fortitude. He has to survey the whole fabric of the State; to accommodate it to the new circumstances in which it is placed; to provide a revenue for redeeming the debt of the war; to retrench, and, by the reduction of the establishments, to dismiss from the service of the country many of those who have nobly contributed to sustain its glory.

It has been your lot, gentlemen, to be cast in the last of the three periods mentioned. And I take great pleasure, regardless of the motives which may be ascribed to me, in testifying to the patience, the diligence, and the zeal which you have manifested in the public service. I am greatly deceived if, as the result of your labors, at no distant day, there will not be acknowledged to have been laid by you, the deepest foundations of the national prosperity. That you may long continue to live to witness and experience, on your return to your respective homes, to participate in that prosperity; and that you may every blessing of which our nature is susceptible, is the ardent wish of one, who, wherever he may be, will never cease to cherish of all of you, the most agreeable and affectionate recollections.

It remains for me only to announce, that this House stands adjourned sine die.

INDEX TO VOL. V.

ADAMS, BENJAMIN, Representative from Mass., 672.
Addresses of Senate and House, in answer to President's
Messages, see Index, vols. 1, 2.

ADGATE, ASA, Representative from New York, 481, 672.
Admirals in the Navy.-See Index, vol. 2.
African Slaves and Slavery.-See Index, vols. 1, 2.
ALEXANDER, JOHN, Representative from Ohio, 16, 105, 819,

481, 672; on reconsidering the vote on the Bank Bill,
411; on compensation to Canadian volunteers, 592.
Algerine cruisers.-Bill for the protection of our commerce
against, passed the Senate, 816.

Algerine War.-See Index, vol. 1.
Algiers, relations with, 482.

Alleghany, the ship, report relative to, 634.

Allegiance, Foreign.-See Index, vol. 1; also Expatriation,
vols. 2, 5.

ALSTON, WILLIS, Representative from North Carolina, 16,
105, 319; on relations with France, 128. See Index,
vols. 2, 3, 4.
Amendment to the Constitution.-In the House, the propo-
sition for an amendment to establish a uniform mode of
election of Electors of President and Vice President,
considered, 110; this mode to be by the free, fair, and
direct vote of the people in single districts, 110; reasons
in favor of the amendment so imperious as to outweigh
every countervailing consideration, 110; experience de-
monstrates the necessity for a uniform mode, 110; the
struggling among the States for advantage illy comports
with their dignity, 111; sudden changes will be made or
attempted to answer the emergency, 111; while left to
the State Legislatures it will tend to intermix State and
Federal politics, 111; three plans present themselves,
111; the plan proposed is most congenial with the free
spirit of our institutions, 111; advantage of the district
plan, 111; elections best secured against intrigue where
the power is exercised by the scattered freemen, 112;
appointment by Legislature, 112; origin of the present
amendment, 112; movement in North Carolina, 113;
the proposition presents no innovation, 113; the most
difficult point before the framers of the constitution,
118; outlines of their plan, 118; desirableness of some
uniform mode, 113; the security this mode affords to the
minority, 114; essentially necessary to effectuate the
objects of the framers, 114; the first step made in the
election is by those whose interference the constitution
prohibits, 114; the amendment will deprive cabals of
facility of combination, 115; disagreed to in committee,
117.

The amendment will tend to nationalize the institu-
tions of the country to which it relates, 117; different
modes of choice at present, 117; the electors now may
not express the will of the people, 117; under the pres-
ent mode recourse must be had to caucuses, 117; no
change should be made in the constitution, except
such as is suggested by practical experience, 119; as
little power should be taken out of the hands of the peo-
ple as possible, 118.

In the House.-Amendment to the constitution pro-
posed relative to elections for President, &c., 677; in no
other case is it more important that the right of suffrage
should be fixed and uniform, 677; resolution proposes
to prescribe a mode of exercising one of the clearest and
most valid rights under the constitution, 677; it is said,
"the features of our Government should not be altered,"
677; other considerations, 677; the small States yielded
to the large the popular representation in the House,
678; one House representative, the other federative,
678; first part of the amendment intended to secure
uniform mode of electing members of this House; the
other to produce a uniformity in the mode of choosing
Presidential Electors, 678; most of the States districted
immediately after the adoption of the constitution, 678;
in many of the States Presidential Electors are chosen
by the State Legislatures, 678; the farther you remove
an officer from dependence on the people, in that pro-
portion you diminish the power and privileges of tho
citizen, 678; Congressional caucuses, 678; might not
the election of President be better trusted to the people,
679; why the intervention of electors, 679; division of
parties, 680; this resolution contemplates an abridg-
ment of the powers of the States, 680; it goes to change
the terms of the compromise upon which the States had
come into the confederation, 680; why not choose an
Elector for every Representative on this floor? 680; fur-
ther debate, 681. See Index, vols. 1, 2, 3.
American Towns and Villages, correspondence relative to
the burning of, 391.

AMMERMAN, ALBERT, statement of, relative to British bar-
barities, 72.

AMY, DARDIN, petition of, referred, 893; bill for relief of,
ordered to be engrossed, 419. See Index, vols. 1. 2, 3, 4.
ANDERSON, JOSEPH, Senator from Tennessee, 3, 75, 295. See
Index, vols. 2, 3, 4.

ANDERSON, WILLIAM, Representative from Pennsylvania,
16, 105, 319. See Index, vol. 4.
Appointments, Executive.-In the Senate, resolutions rela-
tive to, offered, 85; subject of the resolutions is the
President's commissioning Envoys to treat of peace

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