33 JAN. 11, 1826. OF DEBATES IN CONGRESS. Ohio School Lands. priate proceedings are prescribed, which enable it to do justice to all concerned, by securing to the owners of the wreck the best practical notice, by making order for the security of the property during the progress of the claim, and by instituting an examination into the circumstances of each case, and settling such rate of salvage as is just and equitable; which, in the absence of treaty stipulations between the Governments of the salvor and owner was left entirely to the discretion of the Court; and, finally, by making disposition of the residue, after deducting the salvage allowed, including the right of adjudicating upon contested claims thereto, if any such existed. Such, he said, had been the result of this mode of proceeding, that there did not now exist a Legislative provision upon the subject as it respects civil salvage, nor had any, to his knowledge or belief, been thought necessary since the establishment of the Government. By the act establishing a Territorial Government in Florida, the Judicial power was vested in two Superior Courts, and those Courts are clothed with all the powers of the District Courts of the United States, including exclusive original Admiralty and Maritime jurisdiction. It is made the duty of the Courts, respectively, to hold their terms at Pensacola and St. Augustine: thus affording to the wreckers on that coast, all the advantages for the recovery of their salvage, and to the owner, all the security for their property which, by the law of the land, was extended to the citizens of the United States in general. [SENATE. ceiving information of the fact, sent their agent to the spot. Mr. V. B. said, that he had been informed, since the OHIO SCHOOL LANDS. [This bill authorizes the sale of school lands in the State of Ohio, and the investing the money arising from the sale in some productive fund, the proceeds of which are to be applied, under the direction of the Legislature, for the use and support of the schools in the Townships and Districts; the sale not to take place without the consent of the inhabitants of the several Townships, &c.] It appears that the inhabitants and Legislative Council of Florida are not content with the law as it stood, and have passed the act proposed to be annulled by the bill under consideration. The act, he said, had been read, and would be found to contain many provisions of an extraordinary and highly exceptionable character. By it, the wrecker, instead of libelling the property in the Superior Court, and subjecting it and its future disposition to the order of that Court, is directed to report it to a Justice of The Senate then proceeded, as in Committee of the the Peace or Notary Public, who is authorized to summon a jury of five men; two of whom to be selected by the wreckers, two by the owner, and one by the Justice or Whole, to consider the " Act to authorize the Legislature Notary: or, in the absence of the owner, (a case doubtless of the State of Ohio to sell the lands heretofore approof common occurrence,) the other three Jurors to be se-priated for the use of schools in that State," which was relected by the Justice or Notary. To the award of this jury, ported this day from the Committee on Public Lands, is submitted the whole interest in question; including not without amendment. only the rate of salvage, but the disposition of the wreck; and the Clerk of the Territory is charged with the execution of the award. Notice of it is to be published, for twelve months, in a paper published in the Territory, and, if not claimed within that time, the whole property to belong to the salvors; if not claimed, the Territory to have 10 per cent. on the value of the property; if claimed, 5 per cent. on the surplus, and, in all cases, 3 per cent. on the whole value of their property-the Justice, Notary, and Clerk, have, also their per centum, and the Jury a per diem allowance. The circumstances under which the law was to be executed, he said, left little doubt that its execution, for the most part, devolved on men who had personal interests in the subject, and would, of course, lead to gross perversions of justice. That such had been the result, the committee, he said, entertained no doubt. From the general statements which had been made, and which the committee thought entitled to credit, it appeared that the greatest abuses had been practised under the act in question-by omission to provide for the safety of the property during the time allowed for ransom, by improper conversion of the fund, and by the allowance of unexampled rates of salvage from 75 to 90, and, in one inThe case of the brig stance, as high as 94 per centum. Hercules had been particularly stated to the committee. Mr. RUGGLES said, that there was a difference of From the documents on the table, it appeared that this vessel had been carried into Key West, having received but little injury, at least in comparison with the amount of salvage allowed. The underwriters in New York, on re-opinion as to whether the Legislature of Ohio had a com Mr. KING said, the committee to whom the bill was referred, had taken the subject into consideration, and had thought there was not, in reality, any necessity to legis late on the subject. The power had passed away from the General Government, to interfere in any manner with it. The committee thought the bill unnecessary, and perhaps. inexpedient, as it might be drawn into a precedent hereafter. Mr. EATON was of opinion that, as these lands were granted to the State of Ohio, to be held in trust for the benefit of the inhabitants of the townships, that Congress had no control over them. There was a question whether the land would not, at a future time, become more profitable, and produce a greater revenue, than if it were to be converted into money, and that money placed in Banks or elsewhere. He thought the course formerly pursued by the Government the better one; and that the time would come when this land would be the best fund they could possibly have: he thought it better the bill should not be acted on. SENATE.] Ohio School Lands-Prevention of Desertion. Mr. HOLMES thought the Legislature of Ohio had no control over the land at all, without the consent of the inhabitants-it is a grant in fee to the inhabitants of the townships, and Congress could not in any way interfere. It was a common thing amongst them in the North, where a tract of land had been granted for the use of schools, or of the Ministry, to change the nature of the property by the consent of the Legislature, and, in this way, the Legislature of Ohio could interfere. [JAN. 12, 1826. plete control over these lands, though the majority of the to silence which doubts, and prevent the depression of the Legislature were of opinion that they had; yet, to put the price of those lands, which those different opinions and whole thing at rest, and to allow the Legislature to pro- doubts are calculated to produce, when they shall be ceed without any embarrassment, they had applied to brought into market, the Representatives from that State Congress for its sanction to sell; as, at any rate, this sanc-urge, that this bill ought to pass: that it can do no harm, tion would quiet any doubt which purchasers might have and may do much good: that if the United States had of the title, unless the consent of Congress was obtained. no title to the lands, the passage of the bill would be Mr. HARRISON had had the honor of a seat in the Se- harmless: if she had a title, that title, by the passage of nate of Ohio when this matter was brought before it, and the bill, would be vested where all acknowledged it ought there was not an individual in that body but was convinc- to be. Mr. R. said he had before remarked, that the Seed that the State had an entire control over the land; but nate could not act upon that dubious aspect of the quesin the State it was otherwise. These sections of land are tion. To do so would argue an incompetence in the Seinhabited by the most indifferent class of men to be found nate to its duties, which would and ought to derogate in the Western Country, who removed the timber, and much from its character. But, said Mr. R. the State of whatever else was valuable, and the people were desirous Ohio knows her own rights-let her exert them. He disthat the land should be sold, and the fund placed where liked to see a State apply to the General Government, to they could come at the avails in an easy manner. be instructed in her rights, or to be advised as to the manner in which she should exercise them. He disliked the precedent. The Judiciary Department of the United States had, in some instances, as he believed, encroached upon the rights of the States. He was unwilling to see the Congress invited to do the like. He disliked to see the States even willing to see their rights narrowed from any quarter-still less could he consent to assist them, at their own solicitation, to diminish their rights. He considered the excellence of the division of this country into States, Mr. WOODBURY suggested, that the gentleman from to consist, mainly, in the capacity of the States to compreMaine had probably not adverted to a proviso in the bill hend their rights, and exert their energies in the protecpreventing any sale without the express consent of the re- tion of their citizens, and in the promotion of their prosspective towns; either the Union, the State of Ohio, or the perity and happiness-a capacity which a single Governrespective towns, had the whole interest, or each a frac-ment, comprehending their Territory, could not possess, tional interest in these lands. Whichever might be the or exercise so beneficially to the citizens, or favorably to truth on a strict legal construction, it seemed expedient their liberties, as the States can. He believed that the best to pass a bill like the present, to quiet doubts and contro- rights and interests of the citizens depended upon the versies: for then the consent of the grantor, or the grantee, maintenance, and exercise, by the States, of all their leand the cestuyque trust would all be had before the title gitimate rights. He believed that this bill tended to narwas pretended to be conveyed to any individual. The ex-row the rights of the State of Ohio, and that its passage pediency of selling these lands, and altering the character would form a dangerous precedent, in relation to the other of the funds for the aid of schools, he was willing to leave | States-and therefore, he repeated, that he must vote to the decision of those most interested in their expenditure. The people of Ohio had both more knowledge about the sales, and more at stake in the benefits of them, than we had; and, should the bill pass, he thought there was no danger of their wasting funds so important to their welfare, and expressly required by the bill to be in future devoted to their original and laudable object. against it. He felt reluctant to contravene the wishes of his friends from that State. But he consoled himself, that no injury would be inflicted upon that State, by the rejection of the bill: for it was evident that the lands might be sold by the State, with the consent of the townships, which were the cestuyque trusts. They were competent to give their assent, and the State was competent to act as trustee. A more competent or fit trustee than a sovereign State, to manage the interests of her citizens, could not well be thought of. Mr. BERRIEN thought there were two material objections to passing the bill; in the first place, it was an excess of legislation which ought always to be avoided; and, in the second place, the Legislature of the Union was not the proper tribunal before which doubts of this kind ought to come. The Courts of the Union were the proper tribunals to decide such questions. Mr. B. spoke a short time in sustaining these objections to the passage of the bill. The above embraces the substance of the discussion, which, in replies and rejoinders, continued some time. In the end, Mr. ROWAN stated, that the bill asserted that the right to the school lands was in the State of Ohio, and yet provided for a release of that right by the United States. Now, either the United States had, or had not, title to those lands. If the title was in the Legislature of the State of Ohio, for the benefit of schools, as the advocates of this bill asserted, then the bill providing for a release of that title by the United States, was useless. It was worse than useless. The passage of it would imply a reproachful ignorance on the part of Congress of the nature and extent of the title of the United States to those lands. If the title to those lands was really in the United States, it ought to be so stated in the bill-and not as the bill purported, that the title was in the Legislature of the State of Ohio. But it was evident, Mr. R. stated, that the United States had On the motion of Mr. CHANDLER, (who thought the no title to those lands-that she had absolutely relinquish-right of the United States to interfere ought to be ascered them to the Legislature of the State of Ohio for school tained before the bill passed,) the bill was laid on the purposes, upon the erection and admission of that State table. into the Union, and therefore, he was against the bill, as an act of superfluous legislation, which could not be passed by that body, consistently with proper self respect-as an act not within the sphere of its legitimate powers. But it is alleged, said Mr. R. that although the Legislature of the State of Ohio is entirely satisfied that the title to those lands is exclusively in that State, yet there are many persons in that State who entertain a different opinion-and there are many who have their doubts upon the subject; THURSDAY, JANUARY 12, 1826. The Senate then proceeded, as in Committee of the Whole, to consider the following bill, "to prevent deser-, tion from the army and for other purposes.' "Be it enacted, &c. That, from and after the first day of June next, there shall be retained from the monthly pay JAN. 12, 1826.] Prevention of Desertion. [SENATE. as now authorized by law, of each non-commissioned offi-II. thought would derive their character more from him cer and soldier of the United States' Army, enlisted after than from any other man in the army. He could refer to that date, per month, until the period of his dis- the authority of a most respectable officer to support his charge, as a security for his faithful service; the sums so opinion. He was informed by General Bernard, that there retained to be passed to the credit of the said non-com- was in the French army, an intermediate grade between missioned officer and soldier, and paid by the Paymaster the commissioned and non-commissioned officers, called to him, at the expiration of his term of service, or when- an Adjutant sub-officera grade established by Bonaever he shall be discharged without disgrace. parte, and on which he valued himself much; he ans swers to our first Sergeant, and his pay corresponds to his station. The objects of the bill would be better obtained by having a good first Sergeant in the company, than by any other means; and if his feelings and judgment could govern on this occasion, he would say $20, and declare that, in his opinion, the money was well spent. "Sec. 2. And be it further enacted, That, whenever a non-commissioned officer or soldier of the United States' Army, having become entitled to an honorable discharge, shall, voluntarily, re-enlist for an additional term of five years, shere shall be allowed him an increase of per month on his pay as now authorized by law, during the term of such re-enlistment; and that to each non-com- Mr. CHANDLER said, that, in filling these blanks, it missioned officer or soldier, who shall, in like manner, re- would be well to consider where this business would end. enlist for a third term of five years, there shall be allow- If the first Sergeants were allowed fifteen dollars per ed per month, in addition to his pay as now autho-month, the subordinate officers, the Lieutenants, in makrized by law, during the term of such re-enlistment. "Sec. 3. And be it further enacted, That, as an encouragement to emulation, and for the advancement of the non-commissioned grades of the Army, the Sergeant-Major and Quartermaster-Sergeant of each regiment, and the first Sergeant of each company of the Army of the United States, shall receive, in lieu of pay now allowed by law, dollars, per month, and that every other Sergeant shall receive, in lieu of the pay now allowed by law, per month." Mr. HARRISON moved to fill the first blank in the first section with $1 59, and the first blank in the second section with $1; which was carried. He then moved to fill the last blank in the section with $2 50, which was carried. He then moved to fill the first blank in the third section with $15. ing the comparison between their own pay and that of the Sergeant, will say to you at once, either our pay is too small, or that of the non-commissioned officers is too great. Raise the pay of the Lieutenants, and the Captains will make comparison also, and the pay of the Captains must be raised; and thus it will go through the whole line. He had no wish that officers should serve for less pay than was proper; and, if their pay is not enough, say so, and raise the pay at once, and not commence in the middle of the line; for they will push you through. Mr. HARRISON said he should make but one observation in reply; the Sergeant has no further stimulus to a faithful performance of his duty than that of his pay; but the Lieutenant lives in hopes of promotion. The question was then taken on filling the blank with fifteen dollars, and carried-Ayes 21, Noes 14. Mr. HARRISON then moved to fill the last blank in the bill with ten dollars; which was carried. Mr. SMITH moved to amend the bill, by altering the last two words in the first section of the bill, so that it should read, "whenever he shall be honorably discharg ed;" which was carried. Mr. SMITH inquired what were the duties of the first Sergeant of a company, that should induce Congress to give him pay equal to that of the Quartermaster-Sergeant and Sergeant-Major. He thought it would be better if it were amended so that the first Sergeant should receive $12, and the other Sergeants in proportion. The Quar- Mr. HOLMES said, he doubted whether increasing the termaster-Sergeant and Sergeant-Major were, he thought, pay of the army in this way, could do any thing very of a very important character, and ought not to be placed effectual towards rendering the army more efficient in on the same footing, as regarded pay, with the first Ser-case of war. He was satisfied that something permanent geant of a company. Mr. HARRISON was very sorry to differ from such authority as that of his friend from Maryland; but he thought he could shew, and it was the opinion of many abler and more experienced men than himself, that the first Sergeant of a company is the most important character of all the non-commissioned officers of the army. He should prefer, therefore, that the sum of $15 be continued. Mr. SMITH denied that the first Sergeant of a company was so important a character, as required so much pay as the Quartermaster-Sergeant; though he allowed he was of some importance. The Quartermaster-Sergeant ought to be equal to any officer of the army of the more subordinate kinds Their pay should be greater than that of the first Sergeant, who has only the duties of his company to perform, whilst the others have that of the whole regiment to attend to. should be done on the subject; we suffered more from temporary armies, in case of a war, than from any thing else. If provisions had been made by law, for a permanent army in case of a war, and during a war, he was satisfied that much blood and treasure would have been saved; he, therefore, moved to add the following additional section to the bill: Every non-commissioned officer, musician, or private, who shall, within months after the commencement of war, in which the United States shall be engaged, and who shall enlist for, and during the war, and shall actually serve during the war, and not less than twelve months, and be honorably discharged, such non-commissioned of ficer, musician, or private, or his legal representatives, shall receive - per month," &c. Mr. LLOYD, of Massachusetts, opposed this amend, ment. Sufficient for the day is the evil thereof, said he. Mr. HARRISON said it was true that the Quartermas- Before we get into a war we shall have time and oppor ter-Sergeant was an important character. It was neces-tunity enough to provide a remedy; it would be impossible sary he should be trustworthy-but it required no more to say what might be the value of money in the country military talents than are possessed by a common store- ten or fifteen years hence. keeper. If he is faithful and understands accounts, it is Mr. COBB objected to the amendment of the gentle. all that is necessary. The first Sergeant, besides being man from Maine. The first part of it was too indefinite. storekeeper, and having charge of the arms and accou- It directed that, after the commencement of a war, &c, trements, performs the duty of Adjutant to the company. Mr. C. said he had experienced enough to know, that, in Mr. H. said he had never seen a company that was not a this country there were two kinds of war waged: they good one, where the first Sergeant was respectable-and, might declare war, or they might carry on war without on the other hand, he had never seen a good company declaring it. It was customary to declare war against fobut he found an excellent first Sergeant. The men, Mr.reign nations, but never against the Indians. Did the gentleman intend to include those different kinds of war? Or did he intend to mean, by the word war, a war to be declared by Congress conformable to the provisions of the Constitution: he should be glad if the gentleman would make his terms definite, so that he might be able to understand what kind of war he meant. [JAN. 12, 1826. Mr. HOLMES said, if it ought to be let alone, the gentleman from Georgia had certainly given the last reason he could give for it. Was his friend serious when he evinced a doubt, as to what time war commenced, or to what time it extended? We have, Mr. H. said, a Government capable of declaring war, and whether it lasted twelve months or not, we are in possession of means to ascertain when it commenced-he believed, that, in all the Indian wars the gentleman spoke of, the time that they commenced, is ascertained, as well, indeed, as that war existed at all. In former times, there might be a regular Indian war continuing more than twelve months, but, in our own days, they were of entirely a different character-a war, where one side gave blows, and the other side submitted to them, could not last a long time; but, if they were to last twelve months, he saw no reason why a soldier should not be put on the pension list for services in those wars, as well as in any other. Mr. HOLMES replied, that by war he meant fighting; that was the common meaning of the word war. The United States knew they had the power of declaring war, but they ought also to have the power of making war without declaring it. If a nation make war against us, to say it is a declaration of war, would imply a declaration on our part. Suppose there was no declaration of war, there would still be no doubt that war existed, nor of the time when commenced; the event that commenced the war was always well known, and the first act of hostility was always understood as declaring the existence of war. If the United States were engaged in a war, either with, or without a declaration, the fact would be as well understood as any thing could be. The gentleman from Geor-ment, and decided in the negative. gia had asked if he meant by the word war, war with the Indians. It was very seldom that an Indian war lasted so long as twelve months; but, supposing this were the fact, it would then have acquired the character of war, in which the soldiers were equally exposed to dangers and entitled to reward. Mr. H. said, that, when war commenced, there was always a difficulty found in raising permanent armies; there were laws enough passed for three months' men and six months' men; but he would have an army enlisted for and during the war, that they might have something on which to rely; and such an army as that, he thought, might do something effectual. He doubted, if they postponed this to the commencement of a war, whether a permanent law of this kind would ever be passed. The question was then taken on agreeing to the amend Mr. RUGGLES said, as no gentleman seemed disposed to oppose the passage of this bill, and as he had some objections to it, he would state them very briefly to the Senate. He was sensible that his colleague, who reported the bill, must be better informed on this subject than himself, in consequence of his long experience in the mili tary service. The object of the bill is to prevent desertion in the army. Any law that could be passed, that would effect this object, would be a salutary one, and a sound measure of policy. But will this bill accomplish this desirable result? The first section provides that one dollar and fifty cents per month shall be retained out of the wages of the soldier, until the expiration of his term of service. Congress has, heretofore, thought that even increased pay and bounties were necessary to induce the soldier Mr. COBB said he hoped the gentleman from Maine to enlist and serve faithfully. Large sums, in the shape of would pardon him, if he told him that he did not think bounties, were given during the last war, to enable the he had explained the difficulty he had in his mind; per- Government to fill the ranks of the army. This bill changes haps it might be occasioned by his (Mr. C.'s) inability to the policy that has been heretofore pursued by the Goexpress his ideas distinctly. The gentleman's amendment vernment, and refuses payment for services actually rensays, that "any soldier who shall, within- months after dered. This will not satisfy the soldier-it will not prethe commencement," &c. Who, Mr. C. asked, was to vent desertion. The most effectual mode that can be decide when this war commenced? To whom was the adopted is to pay them well, and pay them promptly. Mr. question to be referred, whether war had commenced or R. said, if he had a correct knowledge of that class of not? If the gentleman meant such a war as is declared our population, who filled the ranks of our army in time by Congress, then he agreed with the gentleman from of peace, he was satisfied that it was the pay that induced Maine, that they would have time enough to remedy the them to enlist and serve. They will not look to the terIf he had reference to the other kind of war, he mination of five years to receive their reward; the very would then ask him, who was to determine when war act of withholding it will induce them to desert. The commenced, so as to ascertain the number of months it period is too remote to satisfy them; present enjoyment had continued? Mr. C said he was opposed to making and prompt pay alone satisfies the soldier. There are provision for such a kind of war. War is sometimes car- many that enlist who have families to support, who stand ried on without any declaration. The gentleman said that in immediate want of their earnings, and whose families an Indian war seldom lasted more than twelve months. must suffer, unless they receive the just reward for their Mr. C. said he was afraid he would have to request the service. Congress has no more right to withhold the pay gentleman to review his historical knowledge Indian of the soldier, than the farmer has the wages of the labowars had been waged for years, before they were termi-rer on his farm. What has been the principal cause of nated by peace. One commenced after the battle of Tip- desertion, mutiny, and rebellion, in the armies of Europe, pecanoe: was that declared by the Congress of the United and particularly Spain? The answer is ready-The withStates? Was there any declaration made in the Indian holding the pay of the soldier. By this act, Congress is war which General Wayne terminated in the Northwest- about to legalize a proceeding which has done so much misern country? He wished the gentleman specifically to say, chief, and produced such great difficulties in Europe. Mr. who was to determine the time when the war commen- R. said he would repeat, the only way to prevent desertion ced. Was it Congress, or the officer entrusted with the was to pay your soldiers well, and pay them promptly. detachment of the army which was employed? He would The second section of the bill provides, that the soldier, put another question to the gentleman. When Pensacola who has served out one tour of duty, and re-enlists, shall rewas captured, during the Seminole war, was that war or ceive one dollar per month more. This will produce great not? or, to refer to a more recent case, the affair at Fox- difficulty and dissatisfaction in the army. There can be ardo-was that war? If so, was war declared? Mr. C. con- no substantial reason for such a discrimination. They cluded by saying, he thought this thing had better be let ought all to receive precisely the same pay-they stand in alone, for it might produce trouble; and, as to throwing the same ranks, fight the same battles, and perform, in more discretion into the hands of the Executive power, every other respect, the same duties. Will the soldier, he would give it no encouragement. under such circumstances, who receives one dollar less evil. 41 JAN. 12, 1826.] OF DEBATES IN CONGRESS. Prevention of Desertion. per month than his fellow-soldier, be satisfied? He will not. He will complain; and, Mr. R. said, in his opinion, he would have just ground of complaint. This dissatisfaction, arising from an unequal distribution of wages, will induce him to desert, and leave the service in which they are not rewarded equally. The soldier who re-enlists at the end of five years' service, is, upon no just principles, entitled to greater pay than the man who leaves the Mr. R. said it was from a plough and enters your army. belief that the bill would not attain the object desired, and also that it was unequal and unjust in its provisions, that he should feel compelled to vote against it. [SENATE. After class of society, which is not likely again to occur. the peace, the articles of war prohibited courts martial from inflicting the punishment of death, except when sanctioned by the Supreme Executive authority-an. exception which prevented it from ever being recurred to. There then remained no other punishment but flogging. The smallness of our military establishment at that time created no difficulty in keeping the ranks full; but, when the difficulty which arose between us and the Indian tribes on the Northwest frontier, created the necessity of a ject, on a recurrence to the advice of the Executive, sanclarge military force, though no law was passed on the subMr. HARRISON, of Ohio, said, to save the trouble of tioned by the opinion of the Attorney General, that, though court martial-under Generals St. Clair and further opposition to particular parts of the bill, he thought war had not been declared by the Legislature, it existed it due to the committee to give a general outline of the in fact, and that the punishment of death might be inflictprinciples on which the bill had been adopted, and in so ed by a doing, he trusted he should give an answer to his friend Wayne, this thing was often done. It was found imposand colleague. No one, Mr. H. said, who had turned his sible to restrain desertion by flogging, and death was ofattention to the subject, would doubt that the system ten inflicted. In a plain adjacent to the town of Pittswhich the United States had pursued in relation to the or-burgh, Mr. H. said, the spot could be pointed out where ganization of the peace establishment was a wise one: the ten or twelve, or perhaps twenty men, had suffered death laws on the subject show that they had in view the forma- for desertion. This enormous waste of American blood tion of a large and effectual army, when the circumstances raised a great commotion throughout the country, and notHe believed that there withstanding the popularity of General Wayne, it was the of the country should reqiure it. The wisdom, and even humanity of the was never an army of its size capable of so much expan-occasion of strong remonstrance from the citizens to the sion as that of the peace establishment of the United Executive. necessary. States. As far as related to the staff of the commissioned course pursued by General Wayne, was manifested by At the conclusion of the war, by the peace grade of the army, they had, he thought, nearly arrived at the result: for, from this period, few desertions took perfection. But he could say with truth, that he believ-place, and a recurrence to capital punishment was seldom ed the non-commissioned officers and privates of the army to be in a worse state than had ever before existed in of Greenville, the right of inflicting the punishment of America. The documents on which the committee had death no longer pertained to courts martial. Nothing acted, were now before him. He had obtained from the was done but flogging, which was carried to such an exAdjutant General's office a statement of the number of tent, as to create a very great dissatisfaction throughout desertions amongst the non-commissioned officers and the country. Immediately before the last war, Governprivates during the last three quarters of a year, and they ment thinking, and very properly too, that this mode of I feel considerable amounted to 701. If this proportion should continue, the punishment would be the means of preventing the filling amount in one year would be 934; and it was to be re-up of the army, repealed that section, and declared that membered that these were enlisted chiefly from our own stripes should no longer be inflicted. population. In deliberating on this subject, there were satisfaction in stating, that I am one of the officers who two modes which offered themselves to the committee to were consulted on that occasion, who gave an opinion faSince the conclusion of the last war, the usual punishput a stop to this state of things: one by increasing the vorable to the abolition of that disgraceful punishment. punishments now inflicted for desertion; and the other to restrain the soldier, by holding out inducements to him ment has been what is called the ball and chain, and hard for a faithful performance of his duty, and to make him labor; and what has been the result of this? In one year believe that the path of duty is the path of interest. In addi- there have been 934 desertions-it is surely time that tion to this document, Mr. H. said, he was in possession some remedy should be applied. Will you again recur of another, which went to show the amount of money drawn to the system of flogging, or will you again authorize the from the Treasury, on account of desertions, by which it ap- infliction of the punishment of death? The feelings of the peared that the sum of $10,099 had been paid for apprehend- American Congress are too strongly in unison with those ing deserters, and 536 for the pursuit of those not taken. of the nation, to recur to that till the one which is recomThe bill now presented contains two propositions; the mended by the committee shall have been tried-one Such was the intention of the committee in refirst, in the 1st and 2d section, providing a bounty for re- which is more lenient, and is addressed to the mind of the enlistment; the other in the 3d section, relates to increas- soldier. ing the pay of the non-commissioned officers of the army.porting this bill. It has been supposed by some persons The committee had adopted this plan in preference to who have turned their attention to the subject, that the that proposing an increase of punishment, and in doing first section of the bill which relates to the retention of a so, they acted in accordance with what they thought would portion of the soldier's pay, would be sufficient to answer be the view of the Senate, and they were sure they acted the desired end. There have also been some objections in accordance with the feelings of the American People. to it: for my colleague thinks it will have an injurious efMr. H. said, it would be proper to state the manner in fect on the recruiting service. Alone it would not be which desertion had hitherto been punished. At the sufficient, but taken in connection with the other sections commencement of the American Revolution, America of the bill, I trust will be found useful. My colleague having had little or no intercourse with any other part of asks what is the motive which induces men to enlist in the world than Great Britain, in regard to desertion, had the army, and to a faithful performance of their duty? He He first enlistment; but an old soldier enlists from other and adopted the system of that country--the punishment was says it is the pay. I allow that it is so with regard to the death or flogging, at the option of the court martial. was not aware what effect this kind of punishment had on better motives. The only objection I could think of to the soldiers of the Revolutionary war; but whatever it might the first section is, that, at the expiration of his period of be, it could not form a criterion for us; for there were service, he will have his pocket full of money, and would circumstances operating on the mind of the soldier in that go home to spend it instead of re-enlisting. But, sir, it is war, such as extreme suffering in some instances, and the the humane practice in the army to grant furloughs to the ardent attachment to the cause, which pervaded every old and faitliful soldiers. An old soldier, therefore, who |