This favorite scheme of raising a standing army must be pushed forward
by every aid of fact and fiction, and that its success may be insured,
the Southern members are to be terrified into its adoption, for we are
told that the Southern States have much to fear, that there is every
reason to believe the Southern States will be speedily invaded by a
merciless and vindictive foe from the West Indies. That at this moment
thousands may be disgorging on our shores; that they are prepared to
strike. And the gentleman from South Carolina (Mr. HARPER, one of his
colleagues) has, in the height of his zeal for American defence, or his
fears for the safety of the Southern States, or from some other cause,
which he did not pretend to divine, by his nice and minute delineations
of the condition of the Southern States, shown to the House a terrifying
picture of Southern imbecility, and had also published to this cruel,
malicious, and insidious enemy, (as he terms them,) an enemy
sufficiently penetrating without his aid, every point, every avenue,
every position, most advantageous for them to take in attack; he has
exposed our most vulnerable parts to their inveteracy, and our
wealthiest part to their rapacity. The policy or prudence which dictated
the detail, he did not stop to examine, but went on to ask, supposing
these marauders were disposed to invade the Southern States, whether it
would not be allowed that they were too fully and completely occupied
nearer home, to be at liberty to execute at this time their intentions
of such an invasion? For his part he thought such was their condition,
and expected it would continue to be so for some time to come; but,
admitting that it is possible for the man who has been mentioned, to
invade our coast with the three or four thousand men spoken of, the
consequences predicted are not likely to follow. The reasoning of his
colleague being admitted, perhaps his conclusions might also; but the
former not being just, the latter could not result.
He was aware that the number of inhabitants of the lower country, of the
States of Georgia, South Carolina, and North Carolina, as stated by his
colleague, was not very great; but he did not consent to the deduction
which the gentleman had made, that, therefore, the lower country was
very weak in point of force to oppose an invasion. And here he deemed it
proper to notice the attempt which had been made to draw invidious
distinctions between the militia force of our country and what are
termed regulars--attempts constantly made by the advocates of standing
armies, not only on this occasion, but on many others--not only on this
floor, but in the other branch of the Legislature, and very lately, in a
pointed manner, by his colleague, (Mr. HARPER,) who pressed the
establishment of a standing army by depressing the manly character of
his fellow-citizens: he (Mr. HARPER) had said he was well acquainted
with the Southern States; that the inhabitants on the seaboard are few,
that for fifty or sixty miles they are still fewer, that the strong
population is quite remote, that the whole in general are badly armed,
many altogether without arms; that they are not well organized, and even
if they were, they are not to be depended upon, unless headed and aided
by regular troops; in short, that no good can be expected from the
militia, unless they are supported by regulars.
It is an unpleasant thing, said Mr. S., for me to have to make any
remarks on a subject of this sort; but so frequently have gentlemen made
invidious distinctions between the courage and efficacy of militia and
regulars, and with so much injustice to the former, that I cannot permit
their assertions any longer to pass without notice. For doing this, I do
not mean to derogate from the merit of the late American regular army,
nor more particularly from that part of it which served to the
Southward, of whose condition I can better judge than of that which
served in the Middle and Eastern districts; as to them I am bold to say,
they were not inferior, under all circumstances, to any army of equal
numbers and equal opportunities which I have heard or read of in any
time or in any place; but, then, it must also be remembered, whatever
gentlemen may here say to the contrary, that the militia were as
serviceable and as successful as any regulars whatever.
He said he would take a cursory review of the services of the militia in
one of the Southern States, which would tend to support his last
declaration.
He would quote only a few cases out of a great number where the militia
had acted alone, without any co-operation or support from the regulars,
and that against the veteran and conquering cavalry and infantry of
British corps, and in which actions they were distinguished for their
bravery and success. It may be remembered that very partial, if any,
impressions had ever been made by our regular troops on the British
corps of cavalry during the early period of war; and it seemed to be
reserved to the Southern militia to convince them that their equals
existed in our country. It is not to be attributed to the want of
courage or discipline in our regular corps that this had not been done
before, but to imperious circumstances which no skill could overcome;
but this did not change the fact.
After the fall of Charleston in 1780, the first action, and that fought
by the militia, without any aid from our regulars, was the action of
Fishing Creek, where, without entering into a minute description of all
the circumstances attendant on such an occasion, it will be sufficient
to say, that the gallant Captain Rooke, who commanded a squadron of
Tarleton's legion, fell, and the whole force was beaten and dispersed.
A few days after--and here permit me, said Mr. S., to remark, that if my
colleague does not remember, and our historians have neglected to record
the achievements of the militia, yet justice is in some degree done them
by a British historian, who was an officer in the British service in
that part of our country, and at the very time I am speaking of, who
corroborates my facts--a few days after an attack was made by the
militia on Rocky Mount, and Colonel Turnbull, who commanded the enemy's
force, and who is now in New York, I have no doubt has candor enough to
acknowledge, that from the contest he had with them, (although strongly
defended by well constructed works,) and which lasted ten hours, there
is something due to their bravery and the effect of their arms.
Eight days after the affair on Rocky Mount, an attack was made on the
British at their posts of the Hanging Rock. The force on this occasion
consisted of the same corps of South Carolina militia who had
enterprised on the other occasion; they were in number about 600; they
had been joined by a few of the militia from North Carolina, and it is a
pleasure to reflect on the cordiality and bravery displayed by them on
this occasion.
The enemy's force at this post was 1,200 effectives; yet the result was,
after an action which lasted through the greatest part of the day, that
Major Bryan's corps was totally defeated, the Prince of Wales' regiment
exterminated, even its name has never since been recorded. Other
detachments from the 63d and 71st, under the command of Major Camden,
were also cut up, driven from their encampment with the entire loss of
baggage, &c.; and, in the course of this action, Captain Kinlaw, with a
squadron of Tarleton's legion, arrived from Rocky Mount, made a
desperate charge on the militia, was repulsed by them, and fled to
Camden, without attempting to renew the combat. In this, as well as
other actions, it ought to be remembered how many field officers, brave
captains, and other officers, as well as valuable citizens, fell, or
were wounded, while another nation had to regret in this action alone
the loss of upwards of 800 men.
Passing by a number of important and considerable conflicts which took
place between the British regulars and the Southern militia, still
unsupported by regulars of our own army, said Mr. S., I come now to
mention the attack which was made in the neighborhood of Winnesborough,
while Lord Cornwallis laid in that town, upon the South Carolina
militia, by a British regular force under Majors Wymes and McCarthy,
supported by two troops of cavalry, the whole corps drawn together and
formed for the purpose; after various charges made by the infantry and
cavalry, and after repeated repulses, the enemy was totally repelled,
their commanding officer wounded and taken, together with a number of
his corps, and the rest were dispersed.
On the return of Colonel Tarleton to Winnesborough another effort was
made, and from the number as well as the nature of the troops employed,
it was certainly intended to be effectual in driving the South Carolina
militia from that part of the country; for it was Tarleton's legion,
McCarthy's corps, and that part of the 63d, under Major Money, which
troops were led to the attack of the militia on the 20th of November;
the result of this action is known to those who do not wish to detract
from the merit of the militia. The enemy's detachment consisted of 270
legionary horse, and upwards of 400 regular infantry, with two
field-pieces; the militia were between five and six hundred, without (as
indeed they were through all the actions I have described) a single
piece of artillery. In the number of militia are included some
Georgians, who not only acquired honor to themselves from their
exertions on that day, but did honor to their country. The fate of the
British cavalry was then decided; they had been formerly unconquerable,
but after that day they were never known to be brought to act with
either energy or effect.
Knowing the ardor and firmness of the Southern militia, and not doubting
but the militia of the several States in the Union possess equal motives
for their exertions, equal spirit and activity, I cannot, said Mr. S.,
but rely on them as the natural and main support of our national
independence--a support fully effectual without a recurrence to a
standing army. These few cases, and it is stopping very short indeed of
what the merits of the Southern militia deserve, tend to show that the
charges brought against the militia generally are as unfounded as they
are cruel to their feelings; while, at the same time, they demonstrate,
that if an invasion (which is a contingency by no means likely to
happen) should actually take place, we may rely with confidence on the
manly exertions of the militia to meet the attack, and to resist every
effort, at least for such a period as until more effective aid shall be
drawn down to their support, and more permanent measures adopted.
The question for striking out twenty thousand to insert five thousand,
was put and negatived--47 to 41.
The question now returned upon striking out twenty thousand to insert
ten thousand.
Mr. N. SMITH hoped this amendment would not be agreed to. It was
contemplated, when this reduction was proposed, that the power should
be given to the PRESIDENT for three years; but it was now restricted to
the recess of Congress. He did not himself think that at present there
was any danger of an invasion, nor did he believe that imminent danger
of an invasion would exist, whilst the war continued between France and
England; but, whenever a peace shall take place between those two
powers, the question ought then to be taken whether this country ought
not immediately to go into preparations for war; and if Congress were
not in session at the time, the PRESIDENT ought to have the power of
determining this question. It will depend on several circumstances; on
what kind of peace was made; upon what ground parties stood when peace
was made; on the situation of France at the time; on what kind of men
are in power; on the situation of this country; on what is the state of
parties here at the time; what is the number of those who are opposed to
the Government; how many there are of those who wish to lull the rest to
sleep; and what is the amount of spies in the country. All these will be
important considerations to be decided at the time, and if it shall then
appear that imminent danger does exist, will twenty thousand men be too
large a number to raise? He believed not.
The question for striking out twenty thousand, and inserting ten
thousand, was put and carried, 54 votes being in favor of it.
The question next came up on agreeing to the section proposed by the
select committee, for authorizing the PRESIDENT, from time to time, as
he shall deem it necessary, to call forth in rotation such portion, not
exceeding at any one time the number of twenty thousand men, of the
detachments of the United States, authorized by the act of the 24th of
June last, as may be conveniently mustered together, and cause them to
be trained and disciplined by their proper officers, either in their
respective States, or in one corps, to be drawn from two or more
adjoining States, for a term not exceeding ----; for which time the
officers and men shall be considered as in actual service and be paid
and governed accordingly.
After some discussion, in which constitutional objections were urged
against this provision, the committee rose without taking a question
upon it, and the House adjourned till Monday.
MONDAY, May 14.
_Provisional Army._
The House again resolved itself into a Committee of the Whole on the
bill for authorizing the PRESIDENT OF THE UNITED STATES to raise a
provisional army; when, the question being put on the section providing
for the calling out 20,000 militia at a time, to be trained and
disciplined, it was negatived, there being only 11 votes for it.
This section was objected to on the ground that the constitution has
placed the training and disciplining of the militia in the several
States, and that Congress had power only "to provide for calling forth
the militia to execute the laws of the Union, suppress insurrections,
and repel invasion; reserving to the States respectively the appointment
of the officers, and the authority of training the militia according to
the discipline prescribed by Congress."
Mr. SEWALL moved to fill the blank in this section with $200,000. He
supposed $50,000 or $60,000 would be sufficient for purchasing the
accoutrements mentioned; the remaining $140,000 or $150,000 would be
ready in the Treasury in case of emergency, for the other purposes of
the act. This mode of proceeding was objected to. It was thought by some
that it would be best to appropriate only for the purchase of the
articles specified, and provide for the whole expense of carrying the
act into effect in one sum, either in this law or some other; but it was
finally carried as it stands, and the blank was filled with 200,000
dollars.
The last additional section proposed for exempting private soldiers from
arrest for debt or contract, during their term of service, was then
agreed to.
FRIDAY, May 18.
_Call of the House._
The SPEAKER informed the House that the hour was arrived at which a call
of the House was ordered to be made, and that the clerk would
accordingly proceed to the call.
The call was accordingly made, when it appeared that 92 members were
present, which, with 13 members absent on leave, and 1 sick, made up the
whole number of members.[33]
_Provisional Army._
The bill authorizing the PRESIDENT OF THE UNITED STATES to raise a
Provisional Army, was read the third time; when
Mr. MCDOWELL moved to postpone the question on the passage of this bill
till Tuesday next. Information had been received from Europe, and was
entered on the Coffee-House books of this city, that our Commissioners
had been received by the Executive Directory; and that the persons who
had held authorized conversations with them on the subject of bribes,
&c., were imprisoned. He could not say that this information was true;
but, if it were, our differences with the French Republic may probably
be amicably accommodated, and there may be no necessity to pass this
bill at all. He hoped, therefore, the postponement would take place.
Mr. SEWALL should be sorry if a motion of this kind were to receive any
attention from the House. If negotiations were opened with the French
Republic, they might not very soon be concluded. What appearance would
it have to the nations of Europe, if, after all the insults and injuries
we have received from the French Republic, the moment Congress heard in
an indirect, uncertain way, that they had deigned to receive our
Ministers, they stopped their proceedings in all measures of defence. A
more unfavorable appearance, in his opinion, could not take place. It
ought to be recollected that the army proposed to be raised was a
provisional army, and would not be raised, if the contingencies therein
named, did not take place.
The question for a postponement was put and negatived; there being only
29 votes for it.
The question on the passing of the bill was then taken, and stood--yeas
51, nays 40, as follows:
YEAS.--John Allen, George Baer, jr., Bailey Bartlett, James
A. Bayard, David Brooks, Stephen Bullock, Christopher G.
Champlin, John Chapman, Joshua Coit, William Craik, Samuel
W. Dana, John Dennis, George Dent, William Edmond, Thomas
Evans, Abiel Foster, Dwight Foster, Jonathan Freeman, Henry
Glenn, Chauncey Goodrich, Roger Griswold, William Barry
Grove, John A. Hanna, Robert Goodloe Harper, Thomas
Hartley, William Hindman, Hezekiah L. Hosmer, James H.
Imlay, John Wilkes Kittera, Samuel Lyman, James Machir,
William Matthews, John Milledge, Daniel Morgan, Lewis R.
Morris, Harrison G. Otis, Josiah Parker, John Read, John
Rutledge, jr., James Schureman, Samuel Sewall, William
Shepard, Thomas Sinnickson, Samuel Sitgreaves, Nathaniel
Smith, George Thatcher, Mark Thomson, Thomas Tillinghast,
John E. Van Allen, Peleg Wadsworth, and John Williams.
NAYS.--Abraham Baldwin, David Bard, Lemuel Benton, Thomas
Blount, Richard Brent, Nathan Bryan, Dempsey Burges, Thomas
Claiborne, William Charles Cole Claiborne, John Clopton,
Thomas T. Davis, John Dawson, Lucas Elmendorph, William
Findlay, John Fowler, Albert Gallatin, James Gillespie,
Andrew Gregg, Carter B. Harrison, Jonathan N. Havens,
Joseph Heister, David Holmes, Walter Jones, Matthew Locke,
Matthew Lyon, Nathaniel Macon, Blair McClenachan, Joseph
McDowell, Anthony New, Thompson J. Skinner, William Smith,
Richard Sprigg, jr., Richard Stanford, Thomas Sumter, Abram
Trigg, John Trigg, Philip Van Cortlandt, Joseph B. Varnum,
Abraham Venable, and Robert Williams.
MONDAY, May 21.
_Presents to Ministers._
Mr. BAYARD said, he had a resolution to offer to the House, which he
trusted would meet with no opposition from any quarter. It was intended
solely to explain the grounds upon which the House proceeded when they
refused to consent that Mr. Pinckney should receive the presents usually
made by foreign Courts to Ministers upon taking leave, and which had
been offered to him by the Courts of London and Madrid. He had purposely
avoided in the resolution any expression of approbation of the conduct
of Mr. Pinckney during his missions, because he perfectly knew that no
approbation of that House could add to the high sense the people of the
United States already entertained of the integrity and talents of that
gentleman; and because it did not belong to the occasion for the House
to express any opinion as to the conduct of the gentleman during the
time he was employed abroad. That the design of the resolution he had to
submit, was simply to negative an implication which possibly might be
made, that, as the constitution certainly did contemplate cases in which
Ministers might be allowed to receive presents, the House were induced,
by reasons connected with the conduct of this gentleman, to refuse the
liberty to accept the presents; whereas he was perfectly satisfied, from
the declarations of gentlemen who opposed the permission, who had all
taken occasion to testify much esteem for the character and entire
approbation of the conduct of Mr. Pinckney while in office, that their
opposition arose from principles of general policy, which led them to
think that, in no case should presents be allowed to be received. Nay,
they had said, that the purity of this gentleman's character, and the
importance of his services, furnished a happy opportunity of
establishing an invariable rule precluding the acceptance of these
presents, which no merit hereafter should induce the House to depart
from. The subject, however, was of so delicate and tender a nature, that
he conceived it a piece of justice on the part of the House to state
explicitly the grounds upon which their decision was made, in order to
preclude the possibility of any mistake as to their motives. He should
rely, therefore, with perfect confidence, that the following resolution
would be unanimously adopted:
_Resolved_, That this House, in refusing to allow Thomas
Pinckney, late Minister at the Court of London, and Envoy
Extraordinary to the Court of Madrid, to receive the
presents usually made by the said Courts to foreign
Ministers on taking leave, were induced to such refusal
solely by motives of general policy, and not by any view
personal to the said Thomas Pinckney.
Mr. GRISWOLD moved the postponement of this resolution till to-morrow.
The question on postponement was put and negatived--41 to 34.