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29

JAN. 5-10, 1826.]

Florida Canal.-Security of Public Money.-On the Judiciary.

THURSDAY, JANUARY 5, 1826.

FLORIDA CANAL.

[SENATE.

of the offices of the Government, so as to prevent the ne-
cessity of having a separate, or home department. The
whole subject required considerable consideration; but
he had his doubts as to the propriety of requiring an offi-
cer, who was one of the President's Cabinet, to give
bonds. That the office of the Attorney General required
further regulation, he was well satisfied-but he doubted
if it was proper, in a bill of this kind, connecting it with
subordinate offices: therefore, he should not propose any
amendment to that effect. Mr. H. then proceeded, and
briefly explained the several provisions of the bill.
Mr. CHANDLER, of Maine, said that, when he made
the suggestion the other day, respecting the Attorney
General, alluded to by his colleague, he did not intend
that he should be required to give bonds to execute any
part of his duty as an adviser of the President; he would
most probably give his opinion faithfully without being
under bond. Mr. C. said he had been told that the Attor-
ney General received money, as well as the District Attor-
neys; he, therefore, thought it proper he should likewise
be required to give security.

Mr. HAYNE, of South Carolina, stated, that he had received a memorial, which he was requested to present to the Senate, on the important and interesting subject of a Canal to connect the waters of the Atlantic and the Gulf of Mexico, across the Peninsula of Florida. It appears that the Legislative Council of Florida, deeply impressed with the importance of a work which they suppose will relieve the commerce of the United States from heavy losses now sustained from shipwrecks, had, in December last, passed an act, appointing Commissioners to report on the expediency of opening such a Canal. Three of the most eminent citizens of the Territory had been appointed, pursuant to the provisions of that act, one of whom (Col. James Gadsden) was advantageously known to the country as formerly a distinguished officer of the Army of the United States, and a man of great talents as a civil and military Engineer. It appears from the memorial forwarded by these gentlemen, that they are ready to enter into the duMr. WHITE, of Tennessee, offered several amendties of the appointment, which are to be gratuitously performed, so soon as such aid should be afforded by the U.ments to the details of the bill, which were agreed to; and States as was deemed essential to the successful execution the bill was ordered to be engrossed for a third reading. of the task. It was deemed by these gentlemen essential that skilful Engineers should be appointed by the United States to accompany the Commissioners in making the necessary explorations, and the memorial asks of Congress the necessary aid to enable them to enter immediately on the work. Mr. H. said he presumed that whatever might be the final decision of Congress on the subject of this Canal, it was due to the respectable source from which this memorial emanated, that it should receive the most respectful consideration. He, therefore, moved that the memorial and the act of the Legislative Council of Florida be printed for the use of the members. Mr. H. then presented the memorial of James Gadsden and Edward R. Gibson, Commissioners appointed by the Legislative Council of Florida, "to examine into the expediency of "opening a Canal through the Peninsula of Florida, from "the waters of the Gulf of Mexico to the waters of the "Atlantic," accompanied by the said act, and praying for aid of Congress for the immediate exploration of the country, under the direction of skilful Engineers; which, on motion of Mr. HAYNE, was ordered to be referred to the Committee on Roads and Canals, and to be printed for

the use of the Senate.

Mr. JOHNSTON, of Louisiana, said the gentleman from South Carolina had presented a paper on a subject which he himself was just about to rise to bring to the notice of the Senate in the shape of a bill; and he now gave notice that he should, on Monday next, ask leave to introduce a bill for a survey and estimate of a Canal through the Peninsula of Florida, from the mouth of St. John's River to Vocassassa Bay, in the Gulf of Mexico, and to ascertain the practicability and expense of a ship

channel.

The Senate adjourned to Monday.

MONDAY, JANUARY 9, 1826. Mr. VAN BUREN, from the Committee on the Judiciary, to whom was referred so much of the President's Message as related to the Judiciary, together with the several resolutions which had been submitted on that subject, rose to make a report. The subject of amending the Judicial System of the United States had, he said, been before that committee for the last two or three sessions, and had always proved a matter of great difficulty. During the last session of Congress the Judiciary Committee of the Senate had reported a bill "to increase the number of Associate Judges from six to nine, and of the Circuits from seven to ten," which, together with an extension of the time for holding the term of the Supreme Court, was all the improvements that were then contemplated. That bill was discussed, and received the assent of a majority of the Senate, but was not finally acted on for want of time. The committee had again considered the subject, and had bestowed on it all the attention which its importance required; and a majority of the committee had concluded to report a bill containing similar provisions with that which was reported last session; although they believed it not to be free from objections, still it was less objectionable than any the committee were able to devise. What was of still more importance, they believed it was a measure which was likely to succeed; and this opinion was strengthened by the fact that a bill containing substantially similar provisions had been reported by the Judiciary Committee of the other House, where it had apparently been received with favor, and partly acted on.

Mr. VAN BUREN then reported the bill "further to amend the Judicial system of the United States;" and the bill "altering the time of holding the session of the Susecu-preme Court of the United States;" which were read, and At-passed to a second reading.

SECURITY OF PUBLIC MONEY. The Senate proceeded, as in Committee of the Whole, the consideration of the bill "to provide for the rity of public money in the hands of Clerks of Courts, teneys, and Marshals, and their deputies."

Mr. HOLMES, of Maine, said this bill had been postpond a few days ago, from the suggestion of his colleague, who had inquired why the Attorney General should not be required to give bond, as well as the District Attorneys. He had paid some attention to the subject, and he thought such a provision would be rather incongruous in a bill of this kind-though he was satisfied that it would be well some provision should be made repecting the duties of the Attorney General at the Seat

Mr. VAN BUREN, from the same committee, to whom was referred the bill "prescribing the modes of commencing, prosecuting, and deciding controversies between States," reported it without amendment; but said it was the unanimous opinion of the committee that it ought not to pass. [The bill was, subsequently, on motion of Mr. Robbins, laid on the table.]

TUESDAY, JANUARY 10, 1826.

The Senate proceeded, as in committee of the whole, Government. He was not sure but it might be necesto regulate the conduct of the officers of some other to consider the bill "to revive and make perpetual ah

SENATE.]

Florida Canal.-Florida Wreckers.

{JAN. 11, 1826.

act, entitled 'an act fixing the compensations of the Se-communicates with both seas in a deep channel; its discretary of the Senate and Clerk of the House of Repre- tance not exceeding two hundred miles, and may be, in sentatives, of the Clerks employed in their Offices, and of time, with increased advantage, extended to Pensacola the Librarian." Bay, and thence to Mobile Bay. That from St. John's to Mr. RANDOLPH, of Virginia, said, although he knew Vacassausa Bay, is a work of easy execution. The Peninit was a received maxim, de minimis non curat lex, yet sula is of secondary formation, or alluvion, with little eleoften, in small matters, bad precedents crept into legisla-vation, and penetrated by a chain of lakes, which deviate tion; therefore, he should move to strike out the words only a small distance from the shortest line of communicamaking this act perpetual, because he did not think there tion between the two seas. The distance is not more than ought to be any perpetual law, under this or any other 92 miles, 18 of which are already navigable by the river. Government, except the fundamental or constitutional Throughout the remaining 74 miles, the soil is light, with law. He believed it was very well that these acts, and all little elevation, easily excavated, and many natural facilities. other acts, should come under the revisal of the Legisla- From the St. John's river, the first 16 miles are alluvion, ture, from time to time. A very wise provision was made with an elevation of only three feet above the waters of in relation to the appointing power of the President, ap- that river. From thence the line passes over a region pointing certain officers only for a limited time, that the whose elevation is estimated at eleven feet, but indented appointments might be revised from time to time by this throughout by lakes, valleys, and creeks. It is formed of House; and if it held good in relation to appointments, it a strata of sand and clay, and bedded on limestone, lying would, a fortiori, hold good in relation to laws. As it probably below the point of excavation. The remaining would be necessary, after striking out, to put in some pe- 25 miles of the line is a gentle inclination from the Great riod of limitation, he would propose it should continue in Prairie Alachua to the Bay of Mexico, with sand, clay, and force till the 3d of March, 1830. broken fragments of stone, mixed, and easily removed. Throughout the whole line there is an adequate supply of water, with an elevation of four feet in the centre, and a declination from that height to the Atlantic in 31 miles, and to the Bay of Mexico in 34.

A division of the question being required, it was first taken on striking out, and decided in the affirmative; and, after some conversation between Messrs. EATON, HOLMES, and RANDOLPH, as to the time to which the act should continue in force, Mr. HOLMES moved to insert "four years, and thence to the end of the next session of Congress, and no longer." Mr. CHANDLER moved "three years, and thence," &c. which was carried, and the bill was then ordered to be engrossed for a third reading.

FLORIDA CANAL.

Mr. JOHNSTON, of La. said he would make a few remarks in explanation of the object of the bill. It provides, said he, for an examination of all the country South of the St. Mary's and Appalachicola rivers, to ascertain the most eligible route through which to connect the Atlantic and the Bay of Mexico. It contemplates, after this reconnoissance, a scientific survey of the several routes, with a view to obtain all the facts in relation to the localities of the country and the coast, and to obtain such plans, estimates, and opinions, as will hereafter enable Congress to act on this subject.

It is, moreover, to be observed, that, by uniting the channels of a chain of Lakes that extend into the interior, you will greatly diminish the line of excavation, the labor, and expense, while you will only increase the line of communication 13 miles. Thus much, said Mr. J. I have deemed it necessary to say, in regard to the two routes designated. But there are other and higher considerations connected with this subject, that claim the attention of this body. I mean the possibility of a ship channel across the Peninsulaan object which, if accomplished, would operate an extraordinary revolution in the navigation and commerce of this continent. From the information which I have on this subject, and the opinions of practical, experienced, and scientific men, I do not entertain a doubt that the work is practicable-at an expense which the object fully justifies— and within the means which we can fairly devote to it.

At present, more than one-half of the territory of the United States depends on the Mississippi river, and onethird of the population, and this proportion constantly inThe measure proposed has in view two distinct objects: creasing, have their commerce through the Bay of Mexico. 1. A Canal, in connexion with a general system of inland na- It is the object of this bill to supersede the passage round vigation. 2. The practicability of a ship channel. I feel it, the Gulf of Florida. Of the political and commercial adsaid Mr. J. my duty, as well from the public station which I vantages of this communication, I shall reserve the exposifill here, as the peculiar interest and position of the State Ition until the bill is reported to the House. represent, to bring before this House, separately, a sub- The bill was then, on motion of Mr. JOHNSTON, referred ject which concerns my State, which unites every interest, to the Committee on Roads and Canals. and in which, happily, we can all concur without violating any constitutional principle. The connexion of the Gulf of Mexico with the Atlantic forms a part of the great system of inland navigation. It is the most important link in the chain of communication. It is the point of union between the two great portions of our country-the East and the West. Its political, military, and commercial advantages need not be illustrated here. The public opinion is already sufficiently enlightened and determined. It remains only for us to give it effect.

In regard to a canal navigation, it is satisfactory to know, that the work is not only practicable, but of easy execution, and at a small expense.

WEDNESDAY, JANUARY 11, 1826.

FLORIDA WRECKERS.

The Senate then proceeded to consider, as in Committee of the Whole, the bill "to annul an act concerning wreckers and wrecked property, passed by the Governor and Legislative Council of the Territory of Florida."

Mr. VAN BUREN moved to strike out so much of the bill as deferred the period of its going into operation, until the first day of March next. He observed, that, as the provision of the bill was a matter of considerable interest, he would state as briefly as the subject would admit of, Many routes have been indicated, all of which are pro- the reasons which had induced the Committee on the Jubably convenient, but it requires an accurate survey and diciary to report it. He said, that, by an established prinestimate, to obtain a knowledge of the localities and ex- ciple of maritime law, a reasonable compensation is alpense, to enable us to decide. Two routes have been par-lowed to every person who saves property wrecked on ticularly mentioned in the bill. That from St. Mary's to the high seas. The salvor has a lien on the property for Appalachicola is deemed practicable, and thought to pos- his salvage, and his remedy in the District Court of the sess many advantages. It passes through a sandy soil, of United States, to ascertain its amount and enforce paymoderate elevation, abundantly supplied with water, and ment. By the established practice of that Court, appro

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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. On his arrival, he found a great part of the cargo already on board of a vessel for Havana, and other vessels ready to take the residue to different places, where it would have been impossible for the owners to have followed it, the packages broken, the marks effaced, and a salvage allowed by the Jury, which induced him to pay, $72,500 for the ransom of the brig and cargo. This sum he paid, and submitted, moreover, to the most vexatious and oppressive impositions by the wreckers and their friends and abettors. But there was, he said, one view of the subject which superseded the necessity of further observation on the provision of the act in question, or the abuses which had been practised under it, and that was, that the Legislative Council had no authority to pass it. By the act establishing the Territorial Government, a limit is put upon the Legislative authority, that they shall pass no law inconsistent with the Constitution and laws of the United States. By the same act, the Superior Courts of the Territory are vested with exclusive Admiralty and Maritime jurisdiction. The act proposed to be annulled, gives to Justices of the Peace Admiralty and Maritime jurisdiction, in palpable violation of the fundamental law of the Territory.

Mr. V. B. said, that he had been informed, since the report of the committee, that the Superior Courts had decided that the law in question was unauthorized and void. He had not learnt on what grounds that decision was made, but presumed it was, as well it might be, on the plain principle he had stated. It was on that account that he wished the bill amended, so that it might go into operation immediately, and that the assent of Congress might in no way be given to its validity, which would be the case if the bill passed as it now stands.

The amendment was agreed to, and the bill ordered to be engrossed for a third reading.

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 Peace or Notary Public, who is authorized to summon a jury of five men; two of whom to be selected by the The Senate then proceeded, as in Committee of 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 instance, as high as 94 per centum. The case of the brig Hercules had been particularly stated to the committee. From the documents on the table, it appeared that this ⚫essel 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 reVOL. II-4

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 legislate 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.

Mr. RUGGLES said, that there was a difference of opinion as to whether the Legislature of Ohio had a com

SENATE.]

Ohio School Lands-Prevention of Desertion.

plete control over these lands, though the majority of the Legislature were of opinion that they had; yet, to put the whole thing at rest, and to allow the Legislature to proceed without any embarrassment, they had applied to Congress for its sanction to sell; as, at any rate, this sanction would quiet any doubt which purchasers might have of the title, unless the consent of Congress was obtained. Mr. HARRISON had had the honor of a seat in the Senate of Ohio when this matter was brought before it, and there was not an individual in that body but was convinced that the State had an entire control over the land; but in the State it was otherwise. These sections of land are inhabited by the most indifferent class of men to be found in the Western Country, who removed the timber, and whatever else was valuable, and the people were desirous that the land should be sold, and the fund placed where they could come at the avails in an easy manner.

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.

to silence which doubts, and prevent the depression of the price of those lands, which those different opinions and doubts are calculated to produce, when they shall be brought into market, the Representatives from that State urge, that this bill ought to pass: that it can do no harm, and may do much good: that if the United States had no title to the lands, the passage of the bill would be harmless: if she had a title, that title, by the passage of the bill, would be vested where all acknowledged it ought to be. Mr. R. said he had before remarked, that the Senate could not act upon that dubious aspect of the question. To do so would argue an incompetence in the Senate to its duties, which would and ought to derogate much from its character. But, said Mr. R. the State of Ohio knows her own rights-let her exert them. He disliked to see a State apply to the General Government, to 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. the Congress invited to do the like. He disliked to see the He was unwilling to see 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 expendi- against it. He felt reluctant to contravene the wishes of ture. The people of Ohio had both more knowledge his friends from that State. But he consoled himself, that about the sales, and more at stake in the benefits of them, no injury would be inflicted upon that State, by the rethan we had; and, should the bill pass, he thought there jection of the bill: for it was evident that the lands might, was no danger of their wasting funds so important to their be sold by the State, with the consent of the townships, welfare, and expressly required by the bill to be in future which were the cestuyque trusts. They were competent devoted to their original and laudable object. trustee. A more competent or fit trustee than a sovereign to give their assent, and the State was competent to act as State, to manage the interests of her citizens, could not well be thought of.

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 no title to those lands-that she had absolutely relinquished them to the Legislature of the State of Ohio for school purposes, upon the erection and admission of that State 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 allegedl, 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;

tions to passing the bill; in the first place, it was an excess Mr. BERRIEN thought there were two material objecof 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,

On the motion of Mr. CHANDLER, (who thought the right of the United States to interfere ought to be ascertained before the bill passed,) the bill was laid on the table.

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as now authorized by law, of each non-commissioned officer and soldier of the United States' Army, enlisted after that date, per month, until the period of his discharge, as a security for his faithful service; the sums so retained to be passed to the credit of the said non-commissioned officer and soldier, and paid by the Paymaster to him, at the expiration of his term of service, or whenever he shall be discharged without disgrace.

[SENATE.

H. thought would derive their character more from himi than from any other man in the army. He could refer to the authority of a most respectable officer to support his opinion. He was informed by General Bernard, that ther was in the French army, an intermediate grade between the commissioned and non-commissioned officers, called an Adjutant sub-officer-a grade established by Bonaparte, and on which he valued himself much; he answers 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 mak rized 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.

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 Quartermaster-Sergeant and Sergeant-Major were, he thought, of a very important character, and ought not to be placed on the same footing, as regarded pay, with the first geant of a company.

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. HOLMES said, he doubted whether increasing the pay of the army in this way, could do any thing very effectual towards rendering the army more efficient in Ser-case of war. He was satisfied that something permanent 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:

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.

"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 officer, 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 gentleall 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

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