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