MILITARY DEPARTMENT.

Pay of four regiments and artillery corps, $256,450

Subsistence, 236,900

Clothing, 75,000

Bounties, 16,000

Hospital Department, 25,000

Ordnance 40,000

-----------

649,350

Amount brought forward, $649,350

Two instructors, 1,450

Quartermaster's Department, 150,000

Defensive protection, 60,000

Indian Department, 90,000

Contingencies of War Department, 15,000

Repairing fortifications, 20,000

Military Pensions, 93,350

Naval Department, 190,000

Balance due on Algerine business, 376,505

----------

Internal expenses of 1797, $2,255,255

The expenses of the Quartermaster's Department would in future be

considerably lessened; for, said Mr. S., heretofore great expense had

been incurred by land carriage, which in future would be avoided, as the

forage would all be conveyed by water. Indeed it had not been an unusual

thing for the horses employed in conveying forage from one post to

another, to eat the whole of it in their journey to and from their

destination, and some horses had been known to die from want on the

road. The conveyance being now by water, a great destruction of horses

would be prevented, and he doubted not that one hundred thousand dollars

would be saved under this head.

FRIDAY, February 24.

_Amy Dardin._

The House proceeded to consider the report of the Committee of Claims,

of the sixth ultimo, to whom was referred the petition of Amy Dardin,

which lay on the table; whereupon, the said report was read at the

Clerk's table, in the words following, to wit:

"That the most important, and all the material facts

respecting this claim, are stated in the former report of

the committee appointed to consider the said petition. To

that report the committee now ask leave to refer. Whatever

justice there might originally have been in this claim

against the United States, it is now, and for many years

past has been, as clearly within the statutes of

limitation, as a multitude of others, which have been

rejected. The committee regret that no relief can, with

propriety, be granted to the petitioner, upon her

application. So many evils would result from a suspension

of the limitation act, for the admission of claims similar

to the one under consideration, the committee cannot

recommend that measure to be adopted. They are of opinion

the prayer of the petition ought not to be granted."

The question was taken that the House do agree to the said report, and

passed in the negative--34 to 27; when Mr. GALLATIN moved that a

committee be appointed to bring in a bill in favor of the petitioner.

This motion occasioned some debate.

Mr. GALLATIN said, he rejoiced in the vote which had passed in respect

to the report before them, as it was a precedent against the act of

limitation. When a claim was clear, it was a denial of justice not to

pay the debt. He did not think it was more justifiable in a Government

to refuse to pay its debts, than it was in individuals to do so. Though

an act of limitation had been passed, they ought only to consider it, in

a modified sense, as a guard against fraud; but, in cases where they

were convinced a debt was justly due, he did not see upon good

principles they could refuse to pay it. He was sure there was not a

member on that floor that would do so in his individual capacity. Nor

did he believe they needed to be operated on by the fear of a number of

these claims being brought: he believed their number was small. But,

said he, shall we fear that we shall be called upon to pay a few more

just debts? He trusted so unworthy an apprehension would not prevent

them from doing what was right. The act of limitation was produced, he

said, by an incapacity to pay the claims which were made upon

Government, and now they took advantage of that capacity, by refusing to

pay the just demands which were made upon them. The certificates which

had been given, not worth more than one-eighth of their nominal value,

had been scattered all over the United States, and the distance from the

seat of Government had been the reason application had not been made for

payment. He spoke from his own knowledge. He had some of them put into

his hands. Some of them he was fortunate enough to get paid before the

act of limitation passed; others were yet unsettled. It was only since

the erection of this Government, which had given them the ability to

pay, that these claims were brought forward; for six or seven years

every kind of claim was mustered, and the public debt was considerably

swelled by them, but now a contrary extreme was observed, and no claim,

however just, had a chance of being satisfied. He had never troubled the

House on a subject of this kind before, but he had taken advantage of

the fortunate decision of this morning to say a few words on the

subject.

Messrs. HEATH, MACON, WILLIAMS, and D. FOSTER, were against a committee

being appointed to bring in a bill; they hoped no partial regulation

would take place, but that if any exception was made, from the operation

of the act of limitation, it would be done in a general way, as there

was a great number of claims equally well entitled, with Mrs. Dardin's,

to payment. Indeed, Mr. D. FOSTER, Chairman of the Committee of Claims,

(who was not present when the question was taken upon the report,) said,

if this claim was granted, it would bring forward a thousand others.

The report, petition, and papers, were committed to the whole House on

Monday.

SATURDAY, February 25.

_Suability of States._

On motion of Mr. HARPER, the House then resolved itself into a Committee

of the Whole, on the report of the select committee on the resolution

sent from the Senate, authorizing the PRESIDENT to make inquiry of

certain States whether they had adopted the proposed amendment to the

constitution with respect to the suability of States.

The select committee did not confine themselves to this single

amendment, as reported from the Senate, but went back to the year 1789,

when twelve amendments were proposed by Congress; for though they state

eleven States out of fourteen had ratified ten of these amendments in

the year 1791, yet they were of opinion that a doubt might arise whether

eleven States ought to be considered as the three-fourths of fourteen;

they therefore wished the PRESIDENT to be requested to make inquiry also

from the non-ratifying States on the subject of these ten amendments.

Mr. NICHOLAS said, the resolution of itself was only exceptionable as it

had connection with the statement which went before it, in which it was

made a question whether the ten last amendments of the twelve proposed

by Congress to the States in March, 1789, were ever made part of the

constitution. He did not wish a doubt to be expressed on this subject.

This doubt, in the opinion of the committee, it seemed, rested on a

supposition that eleven were not three-fourths of fourteen. He could not

conceive how any doubt could arise on this subject, since it must be

acknowledged by every one that eleven was more than three-fourths of

fourteen. If the objection arose from fourteen not being divisible in

equal fourth parts, it was an objection to the constitution as

originally made. It was formed by thirteen States, which was no more

divisible into fourths than fourteen. On this ground, an amendment could

never have been made to the constitution. He hoped the Chairman of the

committee would give them some information on the subject.

Mr. HARPER said, it was not of much importance whether the committee had

doubts, or whether those doubts were well founded. The committee stated

they had these doubts. He had them; not whether eleven was three-fourths

of fourteen, according to arithmetical calculation--every school boy

knew, that, in that view, eleven was more than three-fourths of

fourteen; but it was, whether you could make a division of States. He

believed it could not be done; he believed there must be twelve

ratifying States to be three-fourths, as intended by the constitution,

because that number would be three-fourths of sixteen, which was the

nearest number to fourteen capable of four equal divisions. Whether this

doubt was well founded or not, there could be no harm in directing the

inquiry to be made; it would be made as soon for thirteen amendments as

for one, and if any other State should have ratified the ten amendments

in question, all doubt would be removed. Mr. H. noticed an error or two

which had escaped the committee in their report.

Mr. GALLATIN said, the resolution under consideration went to direct the

PRESIDENT to apply to all those States, by whom, as far as can be known

from the official documents heretofore transmitted, all or any of the

amendments at any time proposed by Congress still remained to be

ratified. There could be no occasion to make the inquiry with respect to

all these amendments, unless it were taken for granted that none of them

had yet been ratified. He was, therefore, of opinion, with the gentleman

from Virginia, that such an application would be very improper, as

bringing the ten last amendments into doubt, which he believed to be as

much a part of the constitution as any other article in it; he also

thought them a very valuable part, and not to be trifled with.

But, upon what ground, said Mr. G., do the advocates of this report

prove that 11 is not three-fourths of 14? The idea was so novel that he

could scarcely understand what principle they adopted in order to create

a doubt on their minds on this subject. To him the position that 11 was

more than three-fourths of fourteen appeared to be one of those

self-evident axioms which hardly admit of a proof. The principle on

which the doubt arose must be so very nice, so abstract, that he did not

know whether he was capable of comprehending it. Anxious as he was to

avoid saying any thing which might be construed as misstatement, he

would, however, attempt to analyze what he conceived to be the ground of

the gentleman from South Carolina, (Mr. HARPER.)

It appeared to him that that gentleman thought three-fourths in itself

was not a fraction of the unit, was not a number conveying to the mind

the simple idea of a fraction; but that it was a compound of fractions,

and that the only way by which the idea of three-fourths could be

conceived was by a decomposition. Because the idea of three-fourths was

by our numerical arithmetic expressed by the two figures 3/4, that

gentleman was unable to conceive what it meant except by decomposition,

by dividing the unit into four equal parts and multiplying the result by

3. And if that idea of three-fourths had happened to be expressed by the

fraction nine-twelfths, (which was the same thing as three-fourths,)

that gentleman could not have conceived it except by dividing in the

first place the unit into twelve parts and then multiplying the result

by nine. In fact he denied the existence of any number, part of a unit,

except as it consisted of an aggregate of such parts as the unit could

exactly be divided into.

Thus, when speaking of fourteen States, although he (Mr. GALLATIN) could

at once understand that three-fourths of fourteen was ten-and-a-half,

and, therefore, (admitting, as he did together with that gentleman, that

the vote of a State was indivisible) that eleven States were more than

three-fourths of fourteen, the gentleman from South Carolina proceeded

in a different way. The fourth part of fourteen being three-and-a-half,

he says that, as a State cannot be divided, you must take four States

instead of three-and-a-half for the fourth part of fourteen, and then

multiplying these four States by three, in order to get the

three-fourths, he concludes that twelve States are three-quarters of

fourteen--that the twelve States out of fourteen are necessary to ratify

the amendments. He believed the gentleman would allow that he had not

misstated his opinion.

Let us now see, said Mr. G., how this doctrine will operate. It would go

to prove, in some instances, that three-fourths of a number is greater

than the whole. Suppose, for instance, the case of five States.

One-fourth of five is 1-1/4; but as the vote of a State cannot be

divided, you must call it two; or, as the gentleman expressed it, five

not being divisible into four equal parts, you must take the nearest

number to five capable of such division, that is to say 8, the fourth

part of which is two; two, therefore, must be considered as the fourth

part of five States, and as three multiplied by two is six, it follows,

according to that gentleman's doctrine, that the three-fourths of five

is six! Suppose that, in the constitution, instead of the expression

three-fourths, it had been said that nine-twelfths were necessary. The

number of States when the constitution was framed was thirteen. In that

case one-twelfth of thirteen being one and one-twelfth, you must, the

vote of a State being indivisible, call it two; so that in that way of

reckoning, nine-twelfths (which is the same thing as three-fourths) of

13 is 18! Consequently, the consent of eighteen States would have been

necessary in order to ratify any amendment to the constitution of a

nation consisting only of 13 States.

Let us, said he, examine a little farther. The same part of the

constitution which provides for amendments of the constitution, says,

that an amendment shall be proposed by two-thirds of both Houses of

Congress; but he supposed the vote of a man was no more divisible than

that of a State. He wished to know, therefore, how the gentleman would,

on his principle, calculate what were two-thirds of the members present

when their whole number was not divisible by three?

In making treaties he wished to know what was meant by two-thirds of the

members of the Senate present? If the number present happened not to be

divisible by three, would that gentleman say, that, in that case, the

next number above the number present must be taken, which would be

divisible by three, and that if two-thirds of that number did not concur

in the vote for the treaty, no treaty should be ratified? On that

principle, in some instances, a greater proportion of the Senate would

be necessary to ratify a treaty than had been usually understood,

according to the generally received opinion of the sense of the

constitution in this respect.

Upon the whole, he believed it would be best to reject the report, as,

besides the objections alluded to, it was confessedly inaccurate in some

of its parts, and adopt the resolution sent from the Senate, which

applied only to the amendment respecting the suability of States. If the

House meant to go any further, they might introduce the first and second

amendments proposed at the same time with the other ten, but which had

not yet been ratified.

Mr. HARPER said, he would add a word or two to what he had already

offered on this subject. He did not know whether the House thought with

him on this subject, that it was a doubtful point whether the ten

amendments in question had been ratified according to the sense of the

constitution. If they did, they would of course, vote for the report.

The gentleman from Pennsylvania, he acknowledged, had not only shown his

knowledge in arithmetic, but also his wit, which had not until now been

brought before them. In the enjoyment of the last he had participated in

common with the House.

Mr. DAYTON (the Speaker) was in favor of rejecting the resolution

reported by the select committee, as it embraced too many objects, and

held out a kind of invitation for States to come forward and propose

amendments to the constitution. He trusted the first of the amendments,

proposed in 1789, relative to the proportion of representation, never

would be agreed to, as it would have extremely mischievous effects.

Indeed, if any thing were done with respect to that amendment, he should

think it ought to be to request those States which have not adopted it,

not to do it, and those who have agreed to it, to revoke their vote in

favor of it.

The question was then taken on the resolution reported, and negatived,

without division.

The resolution was as follows:

"_Resolved_, That the President of the United States be

requested to apply, as speedily as may be, to all those

States, by which, as far as can be known from the official

documents heretofore transmitted, all or any of the

amendments, at any time proposed by Congress, still remains

to be ratified; and to obtain from them authentic

information of the proceedings had by them, respectively,

on the subject of those amendments, or any of them."

The question was then taken on the resolution of the Senate, and agreed

to. It was as follows:

"_Resolved by the Senate and House of Representatives of

the United States of America in Congress assembled_, That

the President be requested to adopt some speedy and

effectual means of obtaining information from the States of

Connecticut, New Jersey, Pennsylvania, Maryland, Virginia,

Kentucky, Tennessee, and South Carolina, whether they have

ratified the amendment proposed by Congress to the

constitution, concerning the suability of States: If they

have, to obtain the proper evidences thereof."

_Accommodation of the President._

On motion of Mr. GALLATIN, the House resolved itself into a Committee of

the Whole on the bill to accommodate the PRESIDENT OF THE UNITED STATES;

when

Mr. HENDERSON said, he wished for information on this subject, as he had

not sufficient to convince him of the propriety of granting 14,000

dollars, in addition to the furniture now in possession of the

PRESIDENT; he therefore moved to strike out the 14,000, for the purpose

of inserting 5,000. The bill informed them that this sum, in addition to

what might arise from the sale of such of the present furniture as may

be decayed, out of repair, or unfit for use, was to be laid out in

furnishing the household for the PRESIDENT. It was very lately that they

had received a proposition from the Senate to advance the salary of the

PRESIDENT 5,000 dollars; the bill was rejected by that House. It

appeared to him that this bill went to effect the same thing in a

different way. If the object was merely to furnish the household of the

PRESIDENT, he thought a much less sum would be adequate to that purpose.

He thought 5,000, with the proceeds of the sale of such of the present

furniture as was unfit for service, might be sufficient. He had no doubt

that the sum would make the furniture of the PRESIDENT for four years to

come equal to what it had been for four years past.

Mr. NICHOLAS wished the gentleman would leave the sum blank, instead of

inserting 5,000.

Mr. HENDERSON consented.

The question was taken, and negatived--42 to 39.

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