_Military and Naval Appropriations._
The bill appropriating money for the Military and Naval Establishments,
was received from the Senate with an amendment, proposing to do away the
restriction which had been introduced into the bill to confine the
expenditure of money to the specific objects for which each sum is
appropriated.
Mr. DANA hoped the House would recede from the amendment.
Mr. GALLATIN said that, by the constitution, no money was to be granted
but by a law passed in the regular mode. Now, said Mr. G., this is not
by law, if, after a certain sum is granted for one item, it be not used
for that purpose, but put to some other object. This was certainly
according to the spirit of the constitution, and if you do not strictly
abide by that, you may as well set aside the constitution, and say we
will appropriate $6,000,000 for the support of Government for the
present year. If we mean to carry the constitution into effect we must
reject the amendment.
Mr. SITGREAVES observed, that his opinion on this point was, that the
House had a constitutional power to depart from any identifying of
articles to sums granted, and that departure grew out of necessity; for
the extreme embarrassment which would attend the practice of a strict
adherence, would render it impracticable. But, as he did not mean to
stand responsible for the motion, he should be satisfied with calling
for the yeas and nays; which were agreed to be taken.
Mr. NICHOLAS thought, that when gentlemen went on supporting such
unlimited measures as had lately taken place, and voting such a waste of
money, it would be very dangerous. When we see large sums voted for an
army and navy in time of peace, said he, it would justify us in adopting
some regulation to prevent it. The difference between the operation of
this and the other mode is, that in this you confine your public
officers to the identical object for which a sum is appropriated;
otherwise they might use what they would call overplus money for any
object they might think fit. According to this method, proposed by the
Senate, any sum may be taken from any certain object, and placed to any
other, which Mr. N. thought too unbounded a power to be placed in the
Executive.
Mr. PARKER said, he would not pretend to justify the expenditure on the
Military Establishment, but he could not help observing that the
casualties to which the forage and clothing, &c., which is transported
to our garrisons, are exposed, are very great. Though at peace with the
Indians, it is but a temporary one, and we cannot be sure they will not
intercept our stores; besides other accidents to which it is exposed,
all which make it necessary that the hands of the Executive should not
be tied from using the surplusage of some, for the accidental and
unforeseen deficiencies of others; without this the Army may be exposed
to the most poignant distress, owing to a deficiency in the
appropriation, while the Treasury has money in hand as surplus from
other objects. Considering the great importance of an appropriation, he
hoped gentlemen would not so incline to oppose the bill, especially,
said he, when our existence will not, as a Legislative body, be more
than four hours, and, in that time, it must pass other authorities
before it can be put into effect; if it is lost, the effects will be
bad. Mr. P. said he had as many scruples as any gentleman, and would
take every measure to preserve the constitution inviolate, but he should
be sorry if, under the fear of offending it, the Government should be
stopped.
Mr. HEATH.--If my existence was to be but for one moment, I would stand
here and oppose this resolution; to let it pass, is precluding the
freedom of inquiry into the conduct of our public officers. If we were
to commence this loose kind of a way of appropriating, we may go on to
do this, that, and the other, until we were too far to stop. Were we to
indulge ourselves to go into the wide fields of accident, we might
suppose this and that, but our imaginations would have no end. He
lamented the shortness of the time they had to discuss it.
Mr. GILBERT acknowledged this was the age of reason, but he was sorry
the House should be inclined to adopt an entire new doctrine of
privileges. We should not hazard a new position, when it may be attended
with the greatest danger; therefore he hoped they would agree with the
Senate.
Mr. HARPER thought it would not be very difficult to convince gentlemen
who oppose it, that the amendment was calculated to secure the very
object they wished. It was not a violation of the constitution, as some
gentlemen supposed. He would ask, could not an appropriation be made for
the use of the Military Establishment in general terms? Yes, he would
answer; else how could an appropriation in general terms have been made
for the intercourse with foreign nations? Certainly it could not be
unconstitutional to appropriate the overplus of one article to supply
the deficiency of another. One moment's reflection, Mr. H. thought,
would convince members of the error of a contrary opinion. It might not
be safe to do it without law, but here is a law allowing it. The whole
must suffer if the War Department is deficient, which cannot be avoided
if one is not to assist another branch, for it is scarce possible to
guard against every contingency. He thought the amendment beneficial in
the highest degree, and without it, would stop the War Department in its
operations. He hoped no delay would take place, as it endangered the
bill.
Mr. VARNUM said, that notwithstanding all that gentlemen might produce
to prove the necessity of giving the Executive large powers, yet it was
dangerous; he instanced that, if the Executive were determined to man
and equip the frigates for sea, they would have power to do it from
money appropriated, and intended for other purposes; thus it was
transferring a power, solely vested in the Legislature, into the
Executive Department. He thought it was an infringement on the
constitution; it was putting the power where it never was intended to
be; although he had great respect for that department, yet he did not
wish to see its powers extended too far. A gentleman had intimated he
should not wish the bill to be altered, if he was sure there would not
be war with the Indians. He would answer that there could not be a war
until the Legislature met again.
Mr. V. said, that there was one-fifth more money appropriated than could
be used before the next meeting of Congress, for there would be two
months of the present year's appropriation, during any part of which
another bill might be passed.
Mr. SWANWICK thought there was no danger of the bill being lost; it was
necessary to discuss a principle which appeared to admit of danger; it
was throwing the whole of the money to the mercy of the Treasury
Department.
Mr. PAGE said he should vote for the amendment, but he rose to express
his disapprobation of it, and he should have been glad if there was time
to make another bill. We must either suffer the community to abide under
great disadvantages, or ourselves. If they could exist, politically, he
said he should be happy to destroy that bill. He must acknowledge that
it was crammed down his throat.
Mr. LIVINGSTON said, that the reasons urged by the gentleman from
Massachusetts, instead of the end he proposed, would have a contrary
effect. Mr. L. believed that this amendment had a tendency to lessen the
privileges of the House; believing this, no object of convenience, no
view to the general opinion, should ever prevent him voting against it.
He believed it pregnant with mischief. The Civil and Military
Departments would be too easily connected; if the one wanted assistance,
while the Treasury had money in hand it would be supplied. He thought
the House had voted sufficient to answer every purpose intended, and he
believed, whatever specious arguments may be used, the House would not
recede. If any evil attended, he was willing to take his part of the
blame; but he was not apprehensive of any.
Mr. W. LYMAN hoped it would not pass, as it was full of danger and bad
principles.
Mr. W. SMITH said, the appropriation to the Military Establishment had
always been considered a general grant of money; therefore it would
introduce no new principles, but the manner of this bill, passed in this
House the day before the close of the session, and sent up to the Senate
the very day of the adjournment.
Mr. S. said gentlemen talked about the constitution, but he thought they
had wrong ideas of the evils of this business: it was not whether they
gave too much power to their officers, but the Military Establishment
could not go on; then the PRESIDENT would be obliged to alarm the whole
nation, and incur a vast expense to get the Congress together, and all
for want of due time and regulations: and now we must cram it down the
throats of the Senate. Surely gentlemen should have some moderation, and
not be so hightoned as to prevent any other branch of the Legislature
from exercising their powers as well as us.
On the question being taken to concur with this amendment, the yeas and
nays stood, 38 to 52, as follows:
YEAS.--Theophilus Bradbury, Daniel Buck, Dempsey Burges,
Joshua Coit, Wm. Cooper, William Craik, Samuel W. Dana,
James Davenport, George Dent, George Ege, Abiel Foster,
Dwight Foster, Ezekiel Gilbert, Nicholas Gilman, Chauncey
Goodrich, Roger Griswold, Robert Goodloe Harper, Thomas
Hartley, William Hindman, John Wilkes Kittera, George
Leonard, Samuel Lyman, Francis Malbone, John Page, Josiah
Parker, Samuel Sewall, Samuel Sitgreaves, Nathaniel Smith,
Isaac Smith, William Smith, Zephaniah Swift, George
Thatcher, Richard Thomas, John E. Van Allen, Peleg
Wadsworth, and John Williams.
NAYS.--Theodorus Bailey, Abraham Baldwin, David Bard,
Thomas Blount, Richard Brent, Nathan Bryan, Samuel J.
Cabell, Gabriel Christie, Thomas Claiborne, John Clopton,
Isaac Coles, Henry Dearborn, William Findlay, Jesse
Franklin, Nathaniel Freeman, jr., Albert Gallatin, James
Gillespie, Christopher Greenup, Andrew Gregg, Wade Hampton,
John Hathorn, Jonathan N. Havens, John Heath, James
Holland, Andrew Jackson, George Jackson, Edward Livingston,
Matthew Locke, William Lyman, Samuel Maclay, Nathaniel
Macon, James Madison, John Milledge, Andrew Moore,
Frederick A. Muhlenberg, Anthony New, John Nicholas,
Alexander D. Orr, John Patten, Elisha R. Potter, John Read,
John Richards, Robert Rutherford, John S. Sherburne,
Thompson J. Skinner, Richard Sprigg, jr., Thomas Sprigg,
William Strudwick, John Swanwick, Joseph B. Varnum, Abraham
Venable, and Richard Winn.
The bill was again sent to the Senate, and was soon after returned with
the amendment receded from.
_General Lafayette._
Mr. HARPER moved that a resolution, which he laid on the table
yesterday, respecting Major General Lafayette, should be taken up for
consideration. The motion was seconded by Mr. W. SMITH. The resolution
was in the following words:
"This House, strongly impressed with a just sense of the
important and disinterested services rendered to their
country during the late war by their fellow-citizen, Major
General Lafayette, and deeply regretting the sufferings to
which he is now subjected from a long and rigorous
imprisonment, and which have equally excited their
sympathy, and the ardent wish of their constituents for his
deliverance, do resolve that the President of the United
States be informed, that this House will see with the
highest satisfaction, any measures which he may deem
expedient to adopt towards effecting the restoration of
their said fellow-citizen to liberty."
The question was taken for the House to take it up, and lost--ayes 32,
noes 52.
Mr. LIVINGSTON said he had some time been wishing to put forward
something similar; he really hoped some negotiation would be carried on
to effect his liberation. It would be honorable to this country to
interpose in behalf of this man, who has a claim on American service.
While suffering for us on his part, let gratitude, and every feeling
that can affect the heart, be ours. Abandoned by his own country, and to
increase his sufferings, precluded from almost every enjoyment of life,
it would be honorable in us to interest ourselves in his behalf,
appropriating some small sum which may enable the PRESIDENT to make some
progress towards his releasement. Thus, while it is honorable to
America, if it has no effect, it may afford some comfort to the
unfortunate sufferer, to think he is not forgotten. He then proposed a
resolution, not materially varying from that just offered by Mr. HARPER,
hoping that the little variation would prevent it suffering a similar
fate.
Mr. PARKER said, as it was a personal question, he hoped it would lie on
the table.
Mr. COIT thought it a delicate question, and one which ought not to be
agitated, and therefore moved the previous question.
Mr. HARTLEY spoke of Mr. PARKER's observing its personality. He answered
that the man suffered much for this country, and therefore was entitled
to regard. He acknowledged with Mr. COIT, that there was much delicacy
in the business, and therefore hoped it would speedily be discussed; it
ought not be postponed; the man is now suffering in a most distressing
confinement. If any of the soldiers of 1789 were here with whom he was
in council, there would not be a dissenting voice to using every
exertion. He hoped the House would never forget such brilliant services.
Mr. SWANWICK said, there need not be a dissenting voice, but we ought to
be cautious how we multiply our negotiations, as this could not be done
without entering into a negotiation with the Emperor of Germany in the
regular way. It is not want of respect that should prevent us, but are
we provided to go into all the consequences attending a new negotiation?
There is a delicacy in it, of which we ought to be careful. There is not
the least doubt but the PRESIDENT has as much desire for his release as
any gentleman, but he, no doubt, deliberated, and saw the danger of it.
Mr. S. said he lamented our foreign negotiations _in toto_. There was no
good derived from them, and he could not anticipate any from new ones.
Mr. NICHOLAS said, he felt as much disposition to take measures for his
release as any man, but he thought the business undertaken too hastily.
Suppose you give instructions to the PRESIDENT, and he does not think
proper to act on it, so far from being a compliment to Lafayette, it
would hurt his mind, should he hear it had been agitated.
Mr. CLAIBORNE saw no difficulty attending the resolution. He hoped the
House would render this essential service to the unfortunate sufferer,
if even in the last hour of the Congress.
Mr. CHRISTIE said, it was an improper time to take up the resolution,
but as they had to sit there two or three hours longer and no business
to do, this might as well occupy the attention of the House as not.
Mr. LIVINGSTON would be sorry to impose a burden upon the country, but
he thought this a duty incumbent on them. He hoped gentlemen would
openly come forward and avow their sentiments, and not shelter
themselves under the previous question. Remember, he came here from the
pompous ease of a foreign court; he voluntarily served the cause of
America, and bled for her; he, in a great measure, procured the interest
which formed the alliance with France in our defence; besides spending a
princely fortune in our cause, he asked nothing, nor would accept any
compensation for his services: and now he is abandoned to the most
dreadful situation possible; some of that compensation, justly due to
his services, is refused him as a balm to his former woes by not
attempting his release. This is the situation of the man for whom this
House is asked only to express their desire for his comfort; this is the
man who was met with pleasure in every part of the United States; all
the people rejoiced to express their gratitude to him; he was
accompanied with testimonials of admiration and thanks from the whole
Continent: and now we should not say that we will feel with pleasure
measures taken towards obtaining his liberty! We can pity him, and
regret his situation, but refuse to lend him the least assistance to
soothe his distress. We do not call upon the House to vent its infantine
sorrow, to show its womanish pity. No. We call on it to express a will,
predominant throughout the United States, in the behalf of this
unfortunate man. But it is said that we should get the ill will of the
nations who persecuted him. Unless they bid adieu to all the tender
feelings of humanity, they never can take offence. It has been also
supposed it would be ineffectual; he had no doubt but the Executive
would take those measures which would be most effectual and least
endangering to the nation; it could not make the situation of the
sufferer worse, and if we succeed in procuring his liberty, it would
give pleasure to every heart who can sympathize with the distressed, or
feel gratitude for high obligations: and if it does not have that happy
effect, still we may feel consolation at having done our duty. If these
measures were taken, it would illuminate the loathsome horrors of a
dungeon the most dreadful; it would sweep away the reproach "that
Republicans know no gratitude;" that we, who had his best exertions
whilst in prosperity, do not forget him in adversity. Mr. L. said he
really believed that if he had not known the principles of liberty here,
and helped us in our struggle for it, he would have never existed in
misery in the dungeon at Olmutz, and therefore the highest obligations
were laid on the United States to exert herself in his behalf.
Mr. HEATH hoped, that, although the gentleman had labored to excite the
pathetic, yet he would not charge the House with a want of Republicanism
if the measure was not adopted. Mr. H. thought it extremely improper to
be introduced in the House. He said the PRESIDENT knew the will of the
United States on the subject, and therefore, if he saw proper, he could
take it up. He hoped the gentleman would remember this was a complicated
case; for, since he had left this country, he had become a citizen of
another country. Mr. H. said he felt for his unfortunate situation: he
had fought under his banner. We are not to be charged with a want of
patriotism and feeling for this suffering hero, because we think it
imprudent to interest and involve ourselves in his behalf, merely to
indulge the flighty fancy of a few individuals. We might go, said he,
and address the PRESIDENT to exert himself as far as he saw proper in
his behalf, as a body of individuals, but not as a Legislature.
Mr. W. SMITH could see no kind of impropriety in the measure. It had
been said it was a new subject, and, therefore, ought not to be taken up
now; but it was not introduced yesterday! Did gentlemen want an age to
express an opinion which every member feels--which the whole nation
feels? The motion only went to express a wish that measures may be taken
according to the judgment of the Executive: if he had a thought or wish
to adopt measures, this would encourage him to carry them into effect.
Europe might feel a pleasure that we interested ourselves in his behalf.
Did he not embark his all for this country? It has been well said, said
Mr. S., that if the motion had been made in 1779 or 1780, no previous
question would then have been called--no opposition then made. Read the
journals of the National Representation for 1780 and 1783: there we find
one member from each State was appointed to take leave of him in behalf
of the whole. [Mr. S. here read the journals of that time, which insert
at length the proceeding, address, and answer, attending the
transaction.] There, said he, they expressed their zeal for his future
welfare, and gratitude for his favors, accompanying it with a letter to
the French King, requesting him to bestow his favors upon him. From the
frequent respectful mention made of his services on the journals of the
House, there appears to have been much attention paid to his services by
Congress. Even the Parliament of Great Britain, he said, had discussed
the question of his confinement; and should this House refuse, who are
so much obliged by his services? Nothing that had been said, in
opposition to it, could convince him but that we were called upon, by
every tie of gratitude, to adopt the measure. The satisfaction of
knowing that his services are not forgotten may render him more
comfortable in his dungeon--may follow him into the deserts of Siberia,
or wherever the cruel hand of oppression may send him.
Mr. MADISON did not think there was time to do all the business
requisite to render due justice to the motion, and he hoped the House
would do more than was intended by the motion. He believed the only
regular mode would be to appoint a committee to bring in a bill. He
therefore moved that the House go into committee for that purpose.
Mr. SITGREAVES said, according to the motion there was no necessity for
this mode, as it was of a nature not to require the aid of another
branch of the Legislature; it was quite sufficient if the House passed
the resolution. He was sorry to hear the previous question called for to
get rid of the subject, but he hoped it would not prevail: he thought
this motion required early attention. He said attention was due to
LAFAYETTE; America was highly indebted to him. It is a debt of justice,
and ought to be paid; and while this House delays to interpose in his
behalf he must remain in confinement. Those gentlemen who thought the
House ought to interpose should think this is the very time, if any good
is intended to be done: he therefore hoped they would not delay.
Mr. HARPER said, if the subject was on the sending an ambassador to
negotiate for the liberation of this man, it might with more propriety
be opposed. He was surprised that any gentleman in the House should be
opposed to expressing a wish for measures to be taken which may prove
effectual for that purpose.
When he had no need of our caresses, the United States resounded with
his name: he was then met with tokens of respect and congratulation
wherever he went. But now, pining under the cruel hand of despotic
vengeance in a loathsome dungeon, weighed down by chains, with a scanty
allowance; when we view his present, contrasted with his past,
situation--embarking from the magnificent splendor of a French court,
displeasing his sovereign--embarking himself, and hazarding every thing
that was dear to him, in support of American liberty--is this the man,
Mr. H. would ask, to whom America said, he should never cease to have
her best wishes and endeavors for his good, when, in the most grievous
captivity, we refuse to express a desire for a morsel of comfort to his
depressed mind! What avail our toasts--our boasted recollections of him,
and regret at his fate--if we take not every opportunity to alleviate
that distress? But the worst of his misfortunes is not to lie in a
dungeon: he is now racked with a fear of being sent into the
inhospitable deserts of Siberia, whence is no hope ever to expect his
return into the civilized world; and, with this unwelcome intelligence,
the American Legislature refuses to express a wish for his deliverance!
Who knows but the power in whose custody he is may expect America to
interest herself in his favor? And by a pretext like this he might be
liberated, or at least his fear of removal dissipated, and his present
misery alleviated. Mr. H. said he was sure it would be highly gratifying
to the citizens of America to hear of the measure; they had long
expected it, and, if undertaken, he had the greatest hopes of its
success, in a measure. If it should but tend to soften his present
distress, it would be a happiness; but if its effects should be to
restore to liberty one to whom America is so much indebted, it would
amply repay whatsoever trouble is taken towards its accomplishment.
Mr. W. LYMAN did not doubt of the services of the Marquis Lafayette; he
was always the subject of adoration and the toast of this country.
Besides, it has made him liberal grants for his services, and he thought
there could be no proof that we were wanting in marks of esteem for him.
With respect to the motion, Mr. L. asked, to whom was application to be
made? Does any gentleman on this floor know who confined him, or by
order of what government? No court are willing to avow it. Britain,
France, and Prussia disavow it, and he believed the Emperor also. Until
that was clear, the measure would be improper. May not the agitation of
such a question in the House awaken a jealousy in some of those powers
towards us, which may militate to our injury, and injure the man whom
the attempt is meant to serve? Gentlemen have depicted his sufferings in
very lively colors, said Mr. L., and were it in my power, or were it
consistently in the power of the House, I should be very happy to afford
relief. Until some of the difficulties in its way were cleared, he said,
he should be forced to put his negative to it. He thought gentlemen who
saw the matter so necessary, and the way so clear, had reason to
reproach themselves for letting it sleep so long, and for having
introduced it at the last hour of the session of the Houses.
Mr. HARPER and Mr. LIVINGSTON said that nothing but the constant press
of public business had prevented their motions sooner, and they thought
there was even now time enough, as it only required the expression of a
desire of the House for the object.
Mr. BUCK said the services and sufferings of the Marquis were indelibly
written on the hearts of all the citizens of America, and he thought
there was no need of that torrent of oratory which had been displayed to
affect the feelings of the House. He thought it would prove its weakness
to suffer its feelings to predominate. We ought to give a decision only
by the force of judgment, after due deliberation; for _feeling_ could
not look forward to consequences. Were we implicitly to obey it, we
should take many bad steps. Do we not know, said Mr. B., that he is
among the persons proscribed by France? and, considering the very
brittle situation of our peace with that country at present, we should
be induced rather to strengthen than weaken our ties; for the motion
goes to authorize the PRESIDENT to take _any_ measures to support
Lafayette. This being the situation, we know not where the measures may
end, and it would be a serious thing to be plunged in a war with France
on that account. He hoped the House would not precipitate the business,
but give themselves time to examine the consequences. This, Mr. B. said,
had induced him to oppose the motion. Though congenial to his feelings,
he therefore should vote for the previous, and against the main
question.
Mr. CLAIBORNE was against the previous question. He would hazard any
thing for the happiness of a man we owe so much to--who sees, said he,
the unfortunate man with his lady and daughter, under all the miseries
that despotism and tyranny can inflict, in a wretched dungeon, without
even the comforts of life! Here he appealed to the feelings of the
members in a very forcible manner, and, with the most bitter invective,
ardently wished the destruction of his cruel oppressors. He observed on
the uneasiness the members of the House were in if public business
detained them half an hour after the usual time of their dinners, and
applied the case to this unfortunate man in continual confinement, and
after all with miserable fare.
The previous question was then put, "Shall the main question be now
put?" and negatived--ayes 25.
Mr. LIVINGSTON then brought forward a similar resolution, which caused
very considerable debate, and was at length got rid of by the previous
question. The principal objection to the adoption of this motion seemed
to be the late period at which it was brought forward. All were agreed
as to the merits and the misfortunes of the man, and had the motion been
introduced at any other time than on the eve of the rising of the
session, there could be little doubt it would have been agreed to by a
very large majority.[13]
_Thanks to the Speaker._
Mr. BLOUNT said he wished to offer a resolution to the House, which, as
he was certain there could be no opposition to it, would occupy little
of their time. He should wish the Clerk to read it, and take the sense
of the House upon it. It was in the following words:
"_Resolved_, That the thanks of this House be presented to
JONATHAN DAYTON, in testimony of their approbation of his
conduct in discharging the arduous and important duties
assigned him while in the chair."
The Clerk accordingly put the resolution, and it was unanimously
carried; when--
The SPEAKER thus addressed the House:
"GENTLEMEN: I feel myself deeply impressed with this fresh
proof of your approbation of my conduct in the chair. The
confidence and support which you have in every instance
afforded me, in the station assigned to me, have alone
enabled me to discharge the important duty with
satisfaction to myself, and with advantage to the public."
_Adjournment of the Session._
A message was received from the Senate, informing the House that they
had appointed a committee to join a committee of that House, to wait
upon the PRESIDENT to inform him they had finished their business, and,
except he had any further communications to make, they were ready to
adjourn, without day.
The House then agreed to appoint a committee to join that of the Senate
to wait upon the PRESIDENT, and Messrs. SITGREAVES, PARKER, and
SHERBURNE being named, they accordingly waited upon the PRESIDENT; and--
Mr. SITGREAVES reported that the PRESIDENT had no further communication
to make, except "that he wished them a happy return to their families
and friends."
The SPEAKER then adjourned the House _sine die_, at about eleven
o'clock.[14]