perpetually by a natural tendency to use those argument? in its support which he had drawn from confidential sources #f information last session; while the doors were (hut —but felt the propriety of retraining that impulle, and would only call on members to recollect the view the fubjeft had been held in at a time when all the information was a fair source of debate- He hoped that as there certainly now was no profpeft of peace in che spring, and as the President had the power to derive every advantage from the employment of expert woodsmen under the law past last ses sion, that the resolution would not be agreed ts. Mr. Williamfon did not entirely approve of the motiori in it* present form; the blanks might be so filled, he thought, as to import a thing opposite to his wilhes—they night im port a discharge of the troops already raised. He believed his colleagae had no such desire; he thought the measure would be improper, but he wilhed not to have a regiment of offi cers without soldiers—he wished to fix a time at which the recruiting service fiiould cease, and the fiipernumerary officers (hould be dis charged. As he intended to move that the proposition might be To amended, he should consider it in that ligbt-«-and he believed the measure would not be imprudent nor incon sistent with the molt vigorous meafmes of defence or offence. It Ihould/be remembered that the House of Representatives, when they had the bill be fore them which last winter pafl'ed into a law ' for defending the frontiers, sent it to the se nate with a clause importing that officers be low the rank of field officers, lhould not be put into cominiflion any fafter than troops could be enlisted. The Senate adhering to their privilege, refuted to agree to that claule in the bill, and it became necessary immedi ately to commiflioH the officers for jooo men, some of whom, if fame speaks truth, not co vetous of honor, are content with their payj without having raised three men. By the proposed amendment, the officers only would be dismissed, whom molt of us wilhed never to liave seen 111 commiflion. Tile proposed regulation has been ccnfured as implicating some kind of censure on the ex ecutive. He viewed it in a different light.— The executive had done what was proper and neoelTary at the time. But if it should ap- pear that other meai'ures would fit the change of circuniftances, he did not fee why thof'e measures lhould not be adopted. It should be recollected that during the last winter, when the estimate of 5000 men necessary for the defence of our frontier was handed to Con grafs, there was no militia law. A well armed effective militia, that palladium of liberty, had once and again been recommended by the President to the attention of Congress : but Congress, from year to year, as if they wilhed for a (landing army, had negle&ed the mili tia. Towards the close of the last session in deed they pa(Ted a law. He hoped he might without offence call it the shadow of a Jaw.-— It was faying in a few words that the several states might have a good militia if they pleas ed ; and if they pleased, they might have none at all. Was the executive to trust the de fence of a country tp a militia formed under such a law !—He thought not —But he ob served, that since the last winter it had come to be generally known, that a class of our fel low citizens exist on the frontiers, who are at all times ready to serve, not as drafted mili tia, but as volunteers. These are the men, said he, by whom the Indians must be chas tised, or we shall never have peace. They are the belt woodsmen and marksmen, and they have no profefiional interest in spinning out the war. He said he must repeat the ob servation, that volunteers of the militia are the only troops for vigorous offenfive opera tions. Figure to yourselves an army of re- gulars creeping through the wiidernefs with all its cannon and other military apparatus in chafe of a naked savage, who fees it without being seen. It is an elephant in chafe of a wolf! The troops already railed may be pretty well disciplined before the season for a&ion—they are fufficient with the co-opera tions of the militia, to take a poll,.and build forts where they please—every thing else is beyond their power, if they were not five but fifteen thousand. They will never fee an In dian unless he chutes to be seen He wished to be indulged in a single observation refpeft -ing a cafe in which it was said the other day, the militia had been surprised. He was lorry that his naming Major Adair had produced the remark ; he would nevertheless venture to repeat the cafe an instance of vigilante and bravery. The Major believing there was an enemy at hand, hadvifited all his pods at miduight in person ; his Lieutenant, Madi son, before the dawn of day, routed all the men, telling them that the Indians weie com ing. The Major wirtiing to leave the ground before day-light, called in the sentinels,—but the Indians -rushing in with them, gave a heavy fire before there was light bv which they could be seen. The Major, he said, had not the merit, as he believed, of having been a Continental officer, but had the merit,* not less honorable, of having served bravely in the militia. He qeeflionetl on the whole whether any of the green troops to be recruited next spring or fmnmer, will make so good a de fence as Major Adair's militia had made They had taken scalp for scalp, though they fought agaii.ft theodds.of three to one. He prayed it might be remembered, that his ideas were not founded on any hopes of sudden peace with the Indians; on the contrary, every mo tion of the Indians, and everv measure taken by those who had most influence over the In dians, induced him to jegard an Indian war as the perpetual tax of at least one million per anuum. It is fortunate, as he conceived, that the United States know the source of their misfortunes—and if they are compelled to ipend'one million per annum iu oppofmg a furag# enemy who seems to be bunted upon them, perhaps they may 'be taught to indem nify themselves by refufing to expeod several millions which they can ealily faye. If a per petual tax on this bead nrnlt be reifed, found policy will readily point to the proper obje£fc of taxation : but this mult remain over for our futceflors. In the meai» time, believing that the troops already rai ed are fufficient to maintain every fort that is or maybe erected, and being confident that; volunteers nrAy be found at any time fufficient, if it lhall b$ ne cefTary, to extirpate every hostile tribe of In dians—he /houlci vote for the proportion with the proposed amendment. .Mr. Wadfworth closed the debate by reply ing particularly to that part of Mr. speech, in which he controverted ion re of Mr. NVadfworth's ftateinent. Mr. Wadfworth (aid, in the Act of May 2d, 1792, 600,500 dollars were appropriated for various purposes, of which 70,000 dollars were for the quarter matter's department, which sum added to jo ( ooo, appropriated by the ast of December 24, 1791, make the 120 thou'and dollars as he had before stated—not finding the estimates in the Clerk's office, on which these appropriations were made.—l went, said Mr. Wadfworth, to the War-Of fice, and took copies of both estimates, which I have in my hand—and there can be no doubt of the fact, as it has been ftatid by me. Mr. ' Wadfworth added some general remarks re fpefling militia and regular troops—the me rits of the former, he never meant to depre ciate —he had lieen witness to many brilliant aftidns in which they had been engaged. On the present occasion, his wifli was to impress on the house the fnpenority of a regular cfta blilhed force for the lervice now under confi de ratipn. , SATURDAY, Jam- 12. I The Yeai and Nap on Mr. Fttzfimom' rtjfdutikp Jot loaning the bitlancet due Jtont the United States iff ' individual Stat*. The fa'rd resolutions being under considera tion, A motion was made and seconded to a mend the firft resolution contained in the said motion, by adding to the end thereof, the following proviso, to wit: " Provided, that no such loan (hall be o peijed in any state without the afient of the iegiflature thereof, by an ast approving the njeafure." It was resolved in the affirmative, Yeas 38 —Nays 23. YEAS. Messrs. Ames, Barnwell, Benfon, Boudinot, S. Bourne, B. Bourn, Clark, Dayton, Fitz fimons, Gerry, Goodhue, Gordon, Hartley, Hillhoufc, Huger, Key, Kitchell, Kittera, Lawrance, Learned, Leonard, Livennore, Madison, Muhlenberg, Niles, Page, Sedgwick, Sylvester, W. Smith,Sterrett, SturgevSump ter, Thatcher, Tucker, Venable, Wadlwortli, Ward and White— NAYS. MeJTis. A(he, Baldwin, F'ndlsv, Giles, Oilman, Greenup, Gregg, Grove, Heifter, Lee, Macon, Mercer, Milleflge,, Moore, Murray, Orr, Parker, Sclioonmaker, Steele, Treadwell, Williamfon, & Willis 23. And the question being put, that the Houie do agree to the .'aid firft resolution, amended. —It was resolved in the affirmative, Yeas 34—Nays 28. Y E A S. MelTrs. Ames, Barnwell, Ben foil, Boudiriot, S. Bourne, B. Bourn, Clark, Dayton, Fitz fimons, Gerry, Gilnian, Goodhue, Gordon, Hartley, Hillhoufe, Huger, Key, Kittera, Law ranee, Learned, Leonard, Liverinore, Muhlenberg,Sedgwick, Sylvester, Smith, Ster rett, Sturges, Sumpter, Thatcher, Tucker, Wad (worth, Ward, and White—34. NAYS. Meflrs. Alhe, Baldwin, Findley, Giles, Greenup, Gregg, Griffin, Grove,' Heifter, Kitchell, Lee, Macon, Madifbn, Merctr Milledge, Moore, Murray, Niles, Orr, Page, Parker,Schoonmaker, J. Smith,Steele,Tread well, Venable, Williamfon, and Willis—3B. Wednesday, January 16. The order of the day on the of the officers of the late continental army being called for, the House went into a committee of the whole on the fame—]\tfr. B. Bourn in the. chair. The proposition offered yesterday by Atr. Gerry, and amended by Mr. Clark, was read by the Chairman ; after a lengthy speech.by Mr. Boudinot, in opposition to the proposition, the question being put, it was negatived. Mr. Giles then offered the following, vizi Resolved, as the opinion of this committee, That the prayer of the memorjaliftfcis reasona ble, and that provision ought to be made for the payment of such sums to the original holders of the proper debt of the United States, as njay have been saved by the terms of the loan mide under the ast to provide for the debt of the U. States, calculating 6 per cent, at 20f. in the pound, and other species of paper at a propor tionate value: provided that where any origin al creditor shall have fubferibed to the loan pr li poid by the ad to provide for the debt of tiile United States, a sum not less than the funt ori ginally flipulated, such creditor shall not be en titled to the beucfit of this provision—And tljat when a less sum shall have been so fubfeft'bed, there shall be a proportional redn&ion of his claim to such benefit. A.'ter a considerable debate An this proposi tion, Mr. ClarU moved that it (hould be divid ed. This motion being seconded, 1 lie question was taken on the firft clause of the proposition, ending with the word reafrna tlr. This was negatived, nine members only rifmg in the affirmative. It was then moved, that it be resolved, as the opinion of this committee, That the prayers of the memorials from officers of several of the 2 66- lines of the late continental army, cannot be granted. This motion was agreed to. The committee then tofc, and reported the last resolution to the Houle. On the motion to adopt this resolution, the ayes and noes being demanded, are as follow : A r £ s. MelT. Lee, Leonard, Livcrmore, Macon, Moore, Muhlenberg, Orr, Sedgwick, Melt Ames, Benfon, S. Bourne, Boudinot, Bourn, Clark, Barnwell, Find ley, Fitzfimons, Gilraan, Goodhue, Gordon, Gregg, Grove, Heifter, Hillhoufe, Jacobs, Key, Kitchell, Kittcra, Lawrance, Learned, N 0 MefT. Afne, Baldwin, Gerry, Giles, Greenup, Thursday, January 17. The petition of John Miller and others, pray ing compensation for services and supplies, was read, and referred to the Secretary of the Trea sury. » In Committee of the Wbole\ Mr. Key in the Chair. A bill to continue in force for a limited time, and so amend the a6t providing for the means of mterceurfe between the United States and foreign nations, was taken into confederation. The bill was read through and, then consider ed by paragraphs. No amendment being pro posed, t The committee rose and reported the bill, which was ordered to be engrofied for a third reading. •*<'.» The House then took into consideration, the bill to regulate trade and intercourse with the Indian tribes. Mr. Madison's amendment, which had been ordered to be printed, was taken into confedera tion. It is in the following words—viz. Strike out the eighth Section, in the words following. " And be it further enabled, That no fa'.eof land, made by any nation or tribe of Indians 'within the United States,fhall be valid to any p erf on or pcrfons, or to any slate, "whether such fate may have the right of pre-emption of such land or not, unless the fame shall be made, and duly executed, at some public treaty held for that purpofc, under the authority of the Uni ted States And in lieu thereof insert toe following : And be it enabled, That no person Jhall be capable of acquiring any title, in laiv or equity, to any lands beyond the Indian boundaries, and ivithiu those of the United States, by purchase, gift or other-wife, from the Indians, holding or claiming the fame ; and that it Jhall be a misdemeanor in any person, punifbable by fine and imprisonment, at the discretion of a jury, to obtain, accept, or direflly or indircftly, to treat for any title tofuch lands from the ftid Indians, or any other for them. And that, ivhete any such Indians Jhall, of their own accord, desire to fell any part of their lands, and it Jhall be deemed for the interejl of the United States, that a pur chafe Jhall be made, the JameJhall be done no otherioife than by treaty or con vention , to be entered into pursuant to the conjlitution ; the lands fopurchafed, to enure to the use of whoever may have the right of pre-emption thereto, % andJhali pay the price thereof. Mr. Madison observed, that misunderstand ings, quarrels and wars with the Indians had originated from the circumflance of persons hav irig obtained, through fraud or other improper means, possession of the lands belonging to the Indians. This consideration rendered it highly important that thre whole business (hould be un der the absolute and sole dire*stion of the public authority, in order to guard effe&ually against the fatal confequenees which may result to the public by being precipitated into a war, thro* the arts of unprincipled persons, who while the public are made to sustain great calamities, often fin 4 means taextricate themselves from bearing their proportion of the inconveniences and ex- pences. Several alterations were moved and made in the propefed fe&ion—among others, The words " at the discretion of a jury" on motion of Mr. Livermore, were struck out. The fame gentleman moved to expunge these words, " And it {hall be deemed for the interest of the " United States, that a purchase shall be made." This motion, after fonie debate, was agreed to. It was then proposed by Mr. Clark, that the motion fliould be divided. The firft question was for Unking out the Bth fe&ion. Mr. Barnwell obje&ed to striking out. He conceived that the original fetftion was as com prehenllve as the other ; that it was better word ed, and liable to fewer exceptions than thefub vttitute, as being more definite; for not wit h flanding the latter is longer, yet sales made pur suant to treaties held under an authority not ex plicitly pointed out, would be liable to cavil and levifion; and the persons holding a treaty for the purpose of making purchases, are expoied to incurring the penalty. Mr. Giles preferred the proposed fiibftitue, if for no other reason than this, that it contained a penalty for making improper pur chafes. Mr. Kuzfimnns V" npofetl to retain the firfl i° n ' 10 amend it by inicrtin? after the tamed m the rub!lit„te ,u tWiviUf fh,- Mion. Soaie farther amendment.;, -.vers viida to tfu J. Smith;' ; W. J.Steele, Sterrett, Sturges, Sumpter, Sytvefter, Thatcher, Tucker, Venable, Wadfworth, White, Willianifon, 43 E S. MefT. Hartley, Madison, Mcrcer Page, Treadwell, 10. proposed fubllitute. The tjueftion »» the firfl division of the motion. 05 The original fcdtion was struck out, «nd feSion, as amended, agreed to. An amendment proposed by Mr. Green the objeA of which is to permit person, , u " ! ' ' ling thro' the Indian territory to purchai C " exchange such articles as may be neceffarvT their subsistence, was then discussed, and aml to. The duration of the bill was limited bit ' years, and then ordered to be en rro&d 7' a third readings In committee of the whole Mr. White in the chair; ' On a bill to determine th, northern boundary of the territory of the United State,, th „/ of North Carolina. This bill cc/nfilU of one f tion only, and authorillsthe PrcfuWt of ,k" United States to take meafurcs to have th line run. Some amendments were agreed to and then the committee rose and r, ported th bill. The House adopted the amrndou-nr ordered the bill to be engrossed. Adjourned. The following are the precise term, of H e r rc „ , proportion efoelhy Mr. Gerry on'the me L,al, oJMreri oj fcveral l,„e> oj tie late e rm< u . United Statei, on 2u if day Resolved, as the opinion <>f committee That provifimr he made for fiiehoScers , l!>n ! commiflioned officers and soldiers of thJ late army of the ijnited States, who received cer tificates for the balances due to thcitj on a final fettlemcnt of their refpeiW accounts. Provided, that such provtlion (hail not exceed the difference between the nominal amount of the raid certificates, and the feal'anrmnt estimated at the present rates in the marker' of the certificates which areor mavbe ilTued tor thofefirft mentioned, ptirfuanttoan at making provilion for the d;bt of the United States. « 1 sunsDAT* jami^ry'^ros—— Sketch of the Debate on the Rrfnlution, 'r,flWK» f tll Loan of the Balance: due from lie U.iittd .Stal/t to the individual States. After reading the report of ths commillion ers for fettling th acco'ints, Mr. o:i-« m;-!e some opposition to providing for these balances before they were ascertained; that is not dons by the report of the commiflioners. Mr. Fitzfiinons briefly Hated the motives which had induced him to come forward with the resolutions previous to ascertaining the ba lances—he thought that while there was an un certainty in thebufinefs, the decisions would be more readily and impartially made. Mr. Livermore objected to providing for ba lances before they were known; he thought the resolutions incomplete, as they recognized only creditor states, and fay noth ng about debtor dates. Mr. Fitzfimons said.he did not believe there would be any debtor states; he was sure there ought not to be any. Mr. Madison objected to the resolutions on the fame principle with Mr. Livermore; he en larged on the idea, and insisted that without the most urgent neceflity, the provision contemplat ed ought not to be made in the present uncer tain (late of the business. On the principles of j" ft ice and oeconomy, he contended, that a sys tem which would be so eomplex in its operation, ought not to J>e adopted; it would operate to the extension of taxation in the United States to ths greatest degree, as it would involve s fur ther levying of taxes to reimburse theftatesthat fliall finally appear to have large balances due them. Mr. Fitzfimons faicl he was not adverting to the a«sl for afluming the state debts, Ke observed that these balances were there re cognized, and the creditors to whom these ba lances are due, are to all intents and purpofeg creditors of the union. Mr. Fitzfimons said, he had no idea of the result contemplated by the gentleman in refpe<sl to the extention of taxes No pofiible difference, he conceived, could take place whether the balances were now a {Turned, or the ascertain mem of them was made previous thereto; the operation would be precisely the fame in both cases. Mr. Sedgwick replied to Mr. Madifon —He (lated various reasons to shew that his obje&ion on the score of encreafed taxes had really no foundation. Mr. Sedgwick entered into a Ihort difcufiion of the fubje&, and stated the real situ ation of some of the ftatcs, to whose cicizen» large funis are due. He said h« had no doubt the general government would consider themlelvef bound to pay those demands; could he despair of the public faith in this refpe&, he fhouldde£ pair of the common wealth; for he (hould anti cipate the most pernicious consequences to flow from the withholding that justice, which those dates now looked to the general government to obtain. Mr. Mercer observed, tliat the honourable gentleman from Pen«fylvania had brought for ward his proposition in such a (hape, as that it was difficult to determine what his object- was.; but he inferred from his explanations, unless he contradi&ed himfelf. that the real object was a, further assumption of the state debts, and to ef fect the adoption of a question which was reje<£-. Ed thelaft session. Here Mr. Mercer entered into a consideration of the various principles which had been proposed as bases for fettling-and ad justing the accounts between the United States and individual slates. He contended that the bu fmefs was not in such a state as to juftify adopt ing the principle of the resolution. He adverted to the approaching difTolution the prelect He remarked on the difference of the exertions which had been made by the fttvcral states-—he inferred that there mull necefiarily be both debtor and creditor Hates; and.hence deduced various confidernfions which flioulti in fluence a postponement of thiybufinefs. Mr. Gerry recurred to the funding; a«% ta (hew that debtor and creditor state* were there in recognized • with refp-:& to th? principles on which the accounts ate to be fettled, tlut
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