Pea Patch, it is proposed to build fortifications on the op- The expenditures for fortifications, from 1794 to 1814, 1,953,067 16,145,123 If we add to this a proper allowance for under estimates on the fortifications still to be finished-for losses on contracts for the guns and armaments for all these forts; and if we make allowance for the forts not mentioned in the estimates of 1821, but which must be rebuilt or repaired, our whole system of fortification will stand us in a sum not less than forty millions of dollars. [SENATE. well garrisoned, or they will fall into the hands of the enemy; if we have 50,000 men in garrisons, where are we to obtain men to fight in the field, at points not protected by the forts? If our men leave the forts, they will be taken by the enemy-if they do not, the country will be ravaged. A large portion of our maritime fortifications must float; must move from place to place to meet the enemy. On land, our men must not be cooped up in forts, but must fight in the field. The works that are commenced, must be finished, unless it be discovered that they can be of no use, as that on Dauphin Island, the guns of which could not reach the channel it was meant to protect, or unless they are diзcovered to be beyond the bounds of the United States, as that at Rouse's Point. This fort was to mount 300 guns. How much it cost the United States, I do not know-but 200,000 dollars were asked for advancing the work-when it was discovered to be on the British Territory. This created great consternation at the time, but I consider it a fortunate circumstance, as otherwise we should have squandered nearly a million of dollars there. The British now own this fortification, but they have not had the folly to finish it, and probably never will have. It is the direct and necessary tendency of this system of fortifications, to increase our standing Army. The author of the system must have calculated upon a large peace establishment, as a part of his system. We find, in his letter, when Secretary of War, to Mr. Giles, of the 22d February, 1815, (published in the National Intelligencer of 13th January, 1821,) after compar ing the situation of our country with that of other nations, he says, "from the view I have taken of the subject, I am of opinion that not less than 20,000 troops ought, for the present, to be retained in service." No more troops were wanted then than are wanted now; and, although Mr. Monroe has no fear of such a peace establishment, I fear it more than I do all the enemies of the United States. We are now called upon for another appropriation, to the amount of nearly a million of dollars, for fortifications, one item of which is seventeen thousand dollars, for the purchase of fifty-two acres of ground, at Throgg's Neck, on East River. This is a very small item, but very important in its consequences. The object is to build a fort on this point, and one opposite to it, at Wilkins' Point, which, together, are to cost $928,000, and to require, for garri sons, in time of war, 2,876 men. This point is five or six The men required for the forts mentioned in the plan of miles East of Hellgate, which, itself, is a complete protec1821, were, in time of war, 37,962; in peace, 4,690. For tion to the harbor of New York, on that side, against all the Forts of Washington and Fayette, not mentioned in the navy of the world. If we purchase these fifty-two the plan of 1821, 1,600 men in time of war, and 200 in acres, at the rate of 327 dollars per acre, except for a forpeace. For the forts mentioned in the estimate of 6th tification, we waste the public money. It is said two or December, 1825, and not contained in the plan of 1821, three acres of it are necessary for a light-house. Let that 2,000 men in war, and 250 in peace. To these add the be purchased under the light-house bill-not under this. requisite number for garrisons of forts that were occupied If we purchase Throgg's Point, we shall next be called in 1817, many of which must again be occupied, if we upon to purchase Wilkins' Point, (which is opposite) promake our system of fortifications complete upon our pre-bably at a much more extravagant rate. We are told that sent magnificent plan, and we shall find that 50,000 men making this purchase is no pledge that the works are to at least will be wanted for our fortifications in time of war, be erected. A very different language will be heard when and 8,000 in peace. We have but few men in garri- we shall be called upon for appropriations for these forts sons on our maritime frontier now. Our troops are sta--the estimates for building which amount to nearly a tioned where they will be wanted. Most of those requir- million of dollars, but which, with their armaments, will ed for the garrisons in time of peace, must be added to cost nearly a million and a half of dollars. The Senator our present standing Army, as soon as our new forts shall from Maryland (Gen. SMITH) has moved to strike out this be ready for their reception. item of the appropriation, and has shown, most conclusively, that, to build the contemplated forts at Throgg's Point and Wilkins' Point, will be to throw away our money; that if enemies' vessels should have the rashness to approach New York, through the whirlpools of Hellgate, a six-gun battery, which could be erected in four days, near Mr. Gracie's house, opposite these whirlpools, would effectually check them-and the experience of that The first expense of all these forts, with their armaments, suppose them to cost 40 millions of dollars, the United States can bear. They can garrison these forts in time of peace-it will only require then to double our standing Army. But what are we to do in case of war? Our extensive and magnificent system of fortifications will then be our annoyance instead of defence. They must be H. of R.] First Proceedings in the House of Representatives. gentleman during the Revolution, as well as the late war, Sir James Wallace wished to pass this place, he was in- These forts can be of no importance to New York as a defence for their harbor; but they will be important to the country around them, as they will cause an expenditure of a million and a half of dollars there. But, New York ought to be satisfied with the expenditures which have taken place, and must take place, for the safety of [Dec. 5, 1825. Besides Fort Columbus, Fort Lewis, Fort Wood, &c. &c. The debtor States were permitted, under an act of Congress of 15th February, 1799, to appropriate the moneys which should have been paid into the United States' Treasury, to fortifying their harbors, under which New York expended $136,538. The importance of New York cannot be too highly estimated; but surely its interests have not been neglected. When the gentlemen from that State urge us to embark in a measure, that will probably end in building there useless forts at Throgg's Neck and Wilkins' Point, they ask too much; and I hope the motion of the Senator from Maryland will prevail. DEBATES, &c. IN THE HOUSE OF REPRESENTATIVES. MONDAY, DECEMBER 5, 1825. "In the complex questions frequently presented to the attainable. When mistakes occur, my best endeavors shall Chair for prompt decision, unerring accuracy is scarcely not be wanting to correct them, and to repair whatever injury they may have occasioned. This being the day fixed for the meeting of the Nineteenth Congress, at its First Session, at 12 o'clock the roll of the House was called over by the Clerk, (MATTHEW ST. CLAIR CLARKE, Esq.) and it appeared that there were "With an anxious desire that your countenance and adpresent 204 members, besides three Delegates from Ter-vice will not be withheld, and that the just expectations ritories. JOHN W. CAMPBELL, 99 42 LOUIS MCLANE, 44 5 3 ANDREW STEVENSON, of your constituents may be fulfilled, in our Legislative labors, I enter upon the duties of this important trust." The members having respectively taken the oath of office, On motion of Mr. LATHROP, MATTHEW ST. CLAIR CLARKE, Esq. former Clerk of the House, was appointed Clerk for the present Congress; JOHN OSWALD DUNS, Sergeant-at-Arms; BENJAMIN BURCH, Doorkeeper; and OVERTON CARE, Assistant Doorkeeper. These officers having been sworn, Rules of Order adopted by the last Congress; appointing The usual resolutions were adopted, continuing the 12 o'clock as the stated hour of meeting, and directing the Clerk to furnish the members with newspapers. A message was received from the Senate, that they were assembled, and ready to proceed to business; when, Messrs. TRIMBLE and LATHROP were appointed a Committee of the House, to join such Committee as should JOHN W. TAYLOR, having the constitutional number be appointed for that purpose by the Senate, to wait upon of votes, was accordingly announced to have been elected the President of the United States, and inform him that a Speaker of the House, and was conducted by Mr. NEW-quorum of the two Houses were met, and ready to receive TON (the Father of the House) to the Chair, whence he delivered the following address : "GENTLEMEN: When I see around me so many Representatives whose virtues and talents adorn our countrywhose services, at home and abroad, in the cabinet and in the field, in Halls of Legislation and Judicial tribunals, have largely contributed to our national prosperity-I am penetrated with gratitude for the favorable opinion which has recalled me to this distinguished station. My brief experience has served rather to assure me that its duties are arduous, than to create confidence in my ability to discharge them to your satisfaction. Every effort, how ever, of which I am capable, shall be faithfully directed to merit your support. any communication he might have to make. A farther message was received from the Senate, that TUESDAY, DECEMBER 6, 1825. Mr. TRIMBLE, from the joint committee appointed to wait on the President of the United States, reported that the committee had performed the duty assigned them, and that the President had replied that, at 12 o'clock this day, he would send to each House a message in writing. At twenty minutes past 12, the Message, (which will be found in the Appendix,) was brought in by the President's DEC. 7, 8, 1825] -President's Message.-Trials of Com. Stewart and Lieut. Sands. PRESIDENT'S MESSAGE. [H. of R. Secretary, (Mr. JOHN ADAMS, jr.) and read at the Clerk's table. The reading occupied one hour. The message Mr. SAWYER moved the following resolution : was accompanied by reports to the President from the SeResolved, That so much of the President's Message as cretary of War, the Secretary of the Navy, and the Post-relates to the contribution of our share of mind, of labor, master General, with other documents. The message and reports were referred to the committee of the whole House on the state of the Union. Six thousand copies of the message, and six hundred copies of the reports, &c. were ordered to be printed. FRIDAY, DECEMBER 9, 1825. Mr. HEMPHILL presented a petition of sundry Delegates from the States of Rhode Island, New York, New Jersey, Pennsylvania, and South Carolina, convened in the city of Philadelphia, praying that Congress would provide by law for settling the claims of the officers of the Revolutionary Army upon principles of justice and equity. Mr. HEMPHILL moved that the memorial be referred to a select committee, and supported the motion on the ground that, as the President's Message did not refer to the case of the petitioners, none of the committees raised for the purpose of considering the Message, furnished an appropriate reference. The subject had been referred to a select committee in 1810, and again in 1819; the case of General Lafayette, too, which was of an analogous character, had been referred to a select committee. There was the same reason for such a reference in the present case. Mr. McCOY opposed the reference. It was true, that the President's Message did not refer to the claim which was the subject of the memorial; but a resolution now lay on the table, which was offered by the gentleman from Maryland, (Mr. LITTLE,) which went to create a committee on the subject of Revolutionary Claims, and he therefore thought it would be better to let the memorial lie on the table till the pleasure of the House in relation to that resolution, should be known. Mr. HEMPHILL contended, in reply, that the case of the memorial, and that provided for by the resolution, were entirely distinct. Mr. WEBSTER called for the reading of the resolution which had been referred to, and it was read accordingly. When, the question being put, the motion of Mr. HEMPHILL for a select committee was carried-Ayes 84, Noes 79-and the select committee for this purpose was ordered to consist of seven members. Mr. CONDICT presented a memorial from two Revolutionary Officers in New Jersey, of a similar import t that from the officers met at Philadelphia; which was referred to the same committee. Mr. M'DUFFIE offered for consideration the following resolutions; which were referred to a Committee of the Whole on the state of the Union : "Resolved, That, for the purpose of electing the President and Vice President of the United States, the Constitution ought to be so amended that a uniform system of voting by Districts shall be established in all the States; and that the Constitution ought to be further amended in such manner as will prevent the election of the aforesaid officers from devolving upon the respective Houses of Congress. "Resolved, That a Select Committee be appointed, with instructions to prepare and report a joint resolution embracing the aforesaid objects." and expense, to the improvement of those parts of knowledge which lie beyond the reach of individual acquisition, and particularly to the exploration of the interior of our own territories, be referred to a Select Committee. Mr. SAWYER observed, in introducing this motion, that the clause in the President's Message, to which it referred, (and which he read at length) seemed to have of the various parts of the Message to committees, and he been entirely overlooked among the numerous references presumed it had so happened through inadvertence. Mr. LATHROP, feeling some doubt whether the clause referred to by the gentleman from North Carolina, was not included among the subjects already referred to one of the committees which had been appointed, thought it would be better to let the resolution lie on the table till this could be ascertained. Mr. SAWYER, in reply, observed, that the resolution of the gentleman from Massachusetts, (Mr. LATHROP,) was quite a distinct one from his, as his was confined to a naval survey of the Northwest Coast, while that of Mr. S. was intended to authorize a geological survey of some of our unexplored territories. So convinced has been the Government of the utility of these surveys, that they have ordered two expeditions, under Major Long, for that object; which, in Mr. S's opinion, was not strictly legal, though the object being commendable, he perfectly excused them. But, as the President had seemed to apply for a more direct authority, he felt disposed to give it. Mr. TRIMBLE said he had not the slightest wishy to oppose the reference of the passage in question, between two committees, would be attended with inconbut thought it manifest that the partition of the subject venience. He thought it would be much more advisable to submit the clause in question to the same committee to which had been referred that part of the Message which has relation to a survey of the Northwest Coast. The same general principles applied to both measures; the main difference between them lying in this, that one respected the exterior, and the other the interior, of the country; and, since he was up, he would express his belief that the subject was, in fact, already referred to that committee. He, therefore, thought it would be proper to lay the resolution on the table; and he moved that it lie accordingly. The motion was carried; and the resolution moved by MONDAY, DECEMBER 12, 1825. A resolution offered on Friday by Mr. INGHAM, calling on the President for information in relation to the trials by Court Martial of Commodore Stewart and of Lieutenant Sands, having been read Mr. MALLARY, inquired of the mover the reasons which rendered it expedient to call for this information: the trial of Commodore Stewart was over-he had been honorably acquitted, and he did not perceive any good end to be answered by calling up the subject afresh. Mr. INGHAM observed, in reply, that he could assure the gentleman from Vermont, that the resolution he had offered had not been suggested by any unfriendly feelings towards Commodore Stewart, or any other person, but a great mass of heavy charges had been brought against the officer referred to, and circulated by the public press, without any thing of the result of the investigation being published, except the result of the trial. He had been told that there existed many important facts, and a great body of testimony, in the case, which had never met the public eye. These documents, he felt assured, would be interesting in themselves, and were of great interest to the character of the accused. The affair had excited much interest throughout the country, and he was desirous of having it better understood. Mr. MALLARY making no further opposition to the resolution, it was agreed to, nem con. Mr. WICKLIFFE offered the following: Resolved, That a law ought to pass repealing the 25th section of the act, entitled "An act to establish Judicial Courts of the United States ;" and to prescribe the mode by which the questions referred to in the said section, when brought into judicial controversy in any of the Courts of the United States, may, upon the application of either party, be removed from the State Tribunals holding original jurisdiction thereof, to the Circuit or District Courts of the United States, at any time before a trial upon the merits. [DEC. 13, 1825. he were successful, was subject to be dragged before the Supreme Court of the nation; but if he were unsuccessful before the Tribunals of the State, he was denied the privilege of supervising that decision before the appellate Court of the nation. He did not wish to deny to the Courts of the nation the exercise of any of those constitutional powers which appertained to them, and the exercise of which was necessary to a sound administration of the General Government. He thought if the contest, in any of the cases enumerated, was commenced in the Courts of the State, they should end there. If, however, any litigant, in cases so peculiarly situated, was unwilling to risk and abide by the decisions of the State tribunals, he was willing, under proper modifications, to secure to him that right. This would prevent those unpleasant, not to say dangerous collisions, which have arisen, and might again arise, between the Courts of the nation and of a State. The second resolution invited the attention of Congress to the provisions of another statute pertaining to the Resolved, That the provisions of the 2d section of the Federal Judiciary. The power to pass a general execuact of Congress, entitled "An act for regulating the pro- tion law by Congress, is one of a very delicate character, cess in the Courts of the United States, and providing and he had no wish to see it exercised. But, if he had compensation for the officers of the said Courts, and for rightfully considered and understood the effects and conjurors and witnesses, do not confer upon the said Courts sequences of the decision of the Supreme Court in a rethe power, by rules and orders of Court, to subject to ex-cent case, (he alluded to the case of Wayman & Clark ecution and sale, on final process, property and estate of es. Southard & Starr,) at least so far as they operated upon the defendant, which has not been made subject to exe- the State which he had the honor in part to represent, he ention by the laws of the United States, or of the laws of would infinitely prefer the exercise of that power by Conthe State in which judgment was pronounced; which gress than leave it to the discretion of the Judges, to be laws of the State, to be made applicable to Courts of the exercised under the power of "making rules and orders;" United States, must have been adopted by the Congress under which power they have subjected real estate to of the United States: And as that power has been claim- sale in a mode different from that which it was thought ed and exercised by some of the Courts of the United expedient to do by the Legislature of the State in which States, the land was situated. Uniformity and stability were very desirable in all laws; and especially those which appertain to the administration of justice among the same People. He had said enough to invite the attention of the House to the objects embraced by the resolutions. He hoped that attention would be given the subject which its importance demanded. He would ask that the resolutions, for the present, lie on the table, and that they be printed. The resolves were accordingly ordered to lie on the table, and be printed. And then the House adjourned. TUESDAY, DECEMBER 13, 1825. The resolve offered yesterday by Mr. MILLER, calling for the papers on Lieut. Wolbert's Court Martial, having been again read, Resolved, That a law ought to pass prescribing more specifically what processes ought to be used in said courts. In offering these resolutions, Mr. W. said that it was not his intention, at this time, to press the discussion and decision of the subjects embraced by the resolution he had just submitted. He would only occupy so much of the time of the House as would be necessary, briefly to explain the objects which he designed to effect. He said, it would be recollected by a portion of the members of this House, that, during the first session of the last Congress, he had submitted to the consideration of the Committee on the Judiciary a resolution, nearly similar to the first resolution now presented; that Committee then thought it inexpedient to interfere with the subject, and he had not, therefore, pressed it farther at that time. He felt it his duty to present the propositions directly for the decision of the House, under a belief that, if sent to the Committee, as is usual, it might share the fate awarded to the former one. The 25th section of the act referMr. MILLER, being asked the reason which induced red to was familiar, he presumed, to the members of the him to offer the resolution, replied, that he wished to unbar. It is that section which confers upon the Supreme derstand the cause of the dismissal of Lieut. Wolbert from Court the jurisdiction of revising the decisions of the the service. It appeared to him to have been a severe Supreme Court of a State, in any of those cases wherein sentence. The person dismissed was known and acknowis drawn in question the validity of a treaty, or statute of, ledged to have been a meritorious officer. He had many or an authority exercised under, the United States, and friends, and much solicitude was felt in his behalf. He the decision is against their validity; or wherein is drawn had reason, moreover, to believe that this solicitude was in question the validity of a statute of, or an authority ex-not confined to the personal friends of Lieut. Wolbert, but ercised under, any State, on the ground of their being that there were many members of this House who wished repugnant to the Constitution, treaties, or laws, of the to know the reasons which had led to the dismissal of United States, and the decision is in favor of such their va- such a young man from the naval service of the country. lidity; or wherein is drawn in question the construction Mr. BARTLETT expressed a hope that it was of any clause of the Constitution, or of a treaty or statute not understood, as a matter of course, that all proof, or a commission held under the United States, and the ceedings of all Courts Martial, in our naval and military decision is against the title, right, privilege, or exemp-service, were to be published by order of this House. For tion specially set up or claimed by either party. This section is one-sided in its provisions. It denies to one of the parties a right which it guaranties to the other. He who claimed the protection of the statute of his State, after having hazarded a contest in Courts of the State, if himself, he could perceive no reason why these proceeding should be revised by Congress, any more than the proceedings in Civil Courts, nor could he vote for it unless some special and satisfactory reason should be assigned. The House had called for the proceedings in another case, because the person accused had been acquitted; now they were to do it because the accused person had been condemned. He could not see the propriety of such a call, unless some complaint was made of injustice in the proceedings, and he hoped the House would not incumber its table with useless documents. [H. of R. in their opinion, its expenditure for these objects would be more useful than in constructing roads and canals. Resolved, That Congress ought to have power to make surveys of coasts, rivers, and road and canal routes, to aid the States in selecting those objects of improvement which may most effectually contribute to the good of the whole. Mr. MILLER, in reply, said, that the reason assigned Resolved, That Congress ought to have power to conby the gentleman from New Hampshire against the call, struct roads and canals, whenever they shall be wanted appeared to him to be the strongest that could be given in for urgent purposes of military, commercial, or mail comits favor. The gentleman would not call for these papers, munication. because he does not know of any injustice in the proceed- Resolved, That Congress ought to have power to estaings, but how could any person know whether those pro-blish a National University, on a plan which shall secure ceedings were just or unjust, till the papers were laid be- to each State a just portion of its advantages. fore them? He believed they were not voluminous, and he knew that it would be highly gratifying to many to have a better understanding of the case. Resolve, That Congress ought to have power to offer and distribute prizes for promoting agriculture, education, science, and the liberal and useful arts: thus, by a small annual expense, stimulating genius and industry to the greatest and most useful exertions: Therefore, Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of both Houses concurring, That the following be proposed as an amendment to the Constitution of the United States, which, when ratified by the Legislatures of three-fourths of the several States, shall be a part of said Constitution: "That Congress shall have power Mr. TRIMBLE observed, that he would vote with as much pleasure for this call, as for any other, if he knew that the gentleman who made it proposed to take any step in consequence of receiving the papers. He had expressed no such intention; and, if his object was merely to get the papers here, and print a book, he, for one, should be opposed to it. He recollected that, when he came into this House, some years ago, it was held a decisive objection to any proposal of printing, if the mover did not intend to offer any proposition to the House upon the papers when printed. Whenever the mover made "To appropriate money for constructing roads and cathis avowal, the printing was always denied. He could nals, for improving river and coast navigation, and for not recollect a single instance of the contrary. Let gen-promoting education, colonization, and the liberal and tlemen advert to the original rule on the subject of printing, and then let them look at the vast annual increase of expense which had arisen from this source, and they would be convinced that it was their duty to withhold their consent to motions of this kind, when nothing was intended to grow out of them. The question being then taken on Mr. MILLER'S resolution, it was negatived without a division. ROADS AND CANALS, &c. &c. Mr. BAILEY offered the following resolutions: Resolved, That the construction of Roads and Canals is highly important to the union, strength, and general prosperity of the United States. Resolved, That, since the individual States of this Union have relinquished to the General Government the control of the most easy and efficient means of raising revenue, it is fit that a portion of the general revenue, if consistent with the Constitution, should be appropriated to this important object. Resolved, That, while a large portion of the People and of their Representatives in Congress, believe such appropriations to be inconsistent with the Constitutional powers of Congress, an obstacle is presented to the accomplishment of the object, which, joined to the diversities of opinion always existing in relation to the expediency of specific measures, threatens to be deeply injurious, if not fatal, to that vigorous and full development of our resources, which the interests of the Union loudly demand. Resolved, That a system which should leave to the several States the expenditure of money appropriated to this object by the United States, would ensure a more equal participation in the bounty by the several States, more economy in its disbursement, more freedom from sectional feelings, and injurious compromises in legislation, and more promptitude in commencing works of improvement, for the completion of which the several States would be secure of possessing the means. Resolved, That the several States ought to have the power to expend money so appropriated, in improving river and coast navigation, and in promoting education, colonization, and the liberal and useful arts, whenever, VOL. II-52 useful arts; the money to be paid to such agents and for such of these objects as the States respectively, and Congress for the District of Columbia, shall, by law, direct, and in parts proportioned to their Constitutional census; "To make surveys of coasts, rivers, and road and canal routes; to construct roads and canals for urgent purposes of military, commercial, or mail communication; to establish a National University, securing to each State a just portion of its advantages; and to offer and distribute prizes for promoting agriculture, education, science, and the liberal and useful arts." These resolves having been read— On motion of Mr. BAILEY, they were referred to a committee of the whole on the State of the Union, and were ordered to be printed. Mr. WRIGHT offered the following resolution : Resolved, That the Committee on Public Lands be instructed to inquire into the expediency of giving the consent of Congress, that any act or ordinance relative to the several States, as provides for exempting lands sold by the United States therein from taxation, for the period of five years, from and after the sale, may be revoked. Mr. COOK expressed his entire approbation of the principle of the resolution just offered, but moved to amend it so as to include also the State of Illinois, the proposition being in substance the same with one which he had himself offered in behalf of that State at the last session of Congress. Mr. WRIGHT replied, that he had no objection to the amendment proposed by the gentleman from Illinois, but saw no reason why, if extended at all, the proposition should not be extended alike to all the States; and if the gentleman would so modify his amendment, he would cheerfully consent to it. Mr. COOK modified his amendment accordingly, and, in supporting it, observed, that the proposal was no more than one in behalf of which the State of Illinois had already memorialized Congress. It was a proposal to which, as he conceived, there ought to be, and indeed could be, no objection. The restriction which it is proposed to remove was laid upon the new States at a time when the public lands were disposed of on credit, and its object was to prevent the new settlers from being taxed, until they should have paid for their land. That state of things |