A. BURR.

“‘His Exc’y GEN. WILKINSON.’

“Together with a packet, which he informed me he was charged

by the same person to deliver me in private. This packet

contained a letter in cipher from Colonel Burr, of which the

following is, substantially, as fair an interpretation as I

have heretofore been able to make, the original of which I hold

in my possession.”

Mr. RANDOLPH said he should certainly have abstained from noticing the

circumstance he was about to mention, and which he had believed to be of

general notoriety, had it not been that within a very few days past, a

gentleman, (with whom Mr. R. was in habits of intimacy, and whose means

of information were as good as those of any member of the House,) to his

utter surprise, informed Mr. R. that he was totally ignorant of the fact.

Mr. R. said he held in his hand an actual interpretation of this

ciphered letter, which was made in the grand-jury room at Richmond, by

three members of that body, for their use, and in their presence; and

it was necessary here to state, that so extremely delicate was General

Wilkinson, that he refused to leave the papers in possession of the

grand jury: whenever the jury met, they were put into their hands, and

whenever they rose, the witness was called up, and received them back

again. Here was a copy--rather a different one from that which, “On

the honor of a soldier, and on the Holy Evangelists of Almighty God,”

was as fair an interpretation as General Wilkinson was able to make. A

comparison of the two would throw a little light on the subject. In the

printed copy of the last session might be read, “I (Aaron Burr) have

actually commenced the enterprise--detachments from different points,”

&c. In the original the words had been scratched out with a knife, so as

to cut the paper--“I have actually commenced”--not the enterprise, but

“the Eastern detachments.” Now mark; by changing the word _Eastern_ into

_enterprise_, and moving the full stop so as to separate _Eastern_ from

its substantive _detachments_, the important fact was lost, that, as

there were Eastern detachments under Colonel Burr, there must have been

_Western_ detachments under somebody else! Now, with a dictionary in his

hand, could any man change “Eastern” into “enterprise,” and move the full

stop, under an exertion of the best of his ability? Again: the printed

copy says, “every thing internal and external favors views;” the original

has it “favors _our_ views.” The word “our” perhaps could not be found

in any English dictionary! The printed version says again, “The project

[this is the best interpretation upon his oath which a party who had

never suffered the papers to go out of his hand could make] is brought to

the point so long desired.” The real interpretation is, “the project, my

_dear friend_, is brought to the point so long desired.”

Mr. R. said, exclusive of other and direct evidence, tending to show

the dependence which these conspirators put on the army of the United

States, and that it was eventually their sole hope and support, and that

the moment they found they were to be deprived of it they changed their

purpose--exclusive of this, and that the conspirators were received at

Massac and the other forts below, and of their there getting arms and

stores, there was something in this suppression of words in the letter

that spoke to his mind more forcibly than volumes of evidence, the

implication of a man who, had he been innocent, would have given all

the evidence in any letter he professed to interpret. This suppression

did certainly convey to the mind of Mr. R. an impression, which he had

never attempted to conceal, of the guilt not only of the principal

but of many of the inferior officers of the Army. But guilt is always

short-sighted and infatuated. Not content with that dubious sort of faith

which it might sometimes acquire when not brought to the trial, it had

attempted not only to occupy the middle ground of doubt and suspicion,

but to clothe itself with the reputation of the fairest character in the

country, and in so doing, had torn the last shred of concealment from its

own deformity. It stood now exposed to the whole people of the United

States; and he left the House to say whether they would shut their eyes

and ears, as they had been almost invited to do, against conviction.

Mr. SMILIE wished to know of the gentleman from Virginia whether there

was not a motion before the grand jury to find a bill against General

Wilkinson?

Mr. RANDOLPH said he had introduced this subject in order to suggest to

the gentleman from Kentucky the propriety of modifying or amending his

resolution. He would now give the information required by the gentleman

from Pennsylvania, and hoped he should not be considered as intruding on

the time of the House in so doing.

There was before the grand jury a motion to present General Wilkinson,

for misprision of treason. This motion was overruled upon this ground:

that the treasonable (overt) act having been alleged to be committed in

the State of Ohio, and General Wilkinson’s letter to the President of

the United States having been dated, although but a short time, prior to

that act, this person had the benefit of what lawyers would call a legal

exception, or a fraud. But, said Mr. R., I will inform the gentleman,

that I did not hear a single member of the grand jury express any other

opinion than that which I myself expressed of the moral (not of the

legal) guilt of the party.

Mr. SMILIE said he would not detain the House on this subject; he had the

other day taken an opportunity to state his sentiments on the subject,

that in his opinion there was no power in the House to proceed in the

business. The same sentiments he yet entertained; and when gentlemen told

him that it was necessary for the public safety that this House should

exercise such powers, and at the same time they could not point out a

single expression in the constitution vesting the House with this power,

he could not consent to vote with them: nor had a single gentleman who

had spoken, attempted to show that they did possess these powers. The

gentleman from Virginia had spoken of their power to disband the army; if

the gentleman chose to bring forward a resolution for that purpose, Mr.

S. said he would meet him. He had also told them that they had a power

to refuse supplies: Mr. S. said he agreed with the gentleman in this:

but when they stepped out of the road, and assumed a power not vested in

them, he could not go along with the gentleman. Was it not the duty of

the President alone to inquire, who possessed full power to act on the

information which might be the result of an inquiry? Certainly it was.

The officer interested in this discussion was undoubtedly subject to

trial by a court martial, and no doubt also by a court of justice; for

if he was guilty of the crimes laid to his charge, they were of a high

nature, and would subject him to the cognizance of the civil law.

But he would ask gentlemen, if they succeeded in passing the resolution

upon the table, what was next to be done? Did the House believe that they

could remove or punish a military officer for misconduct? If they could

not do this, and he presumed no gentleman would contend for this, Mr. S.

could see no reason for an inquiry. Were they to become mere juries for a

court of justice--mere collectors of evidence--for it was admitted that

they could not act upon it after it was collected? He believed the courts

of justice were possessed of sufficient authority without this House

volunteering their assistance.

Mr. S. remarked what would be the effect of this motion, which was

substantially the same as that proposed by the gentleman from New York,

and rejected by a large majority. It would answer the purpose of holding

up this man to suspicion for years to come, for aught he knew, without

producing any other effect. He was willing to inquire; he had seen from

the beginning of the business that an inquiry must take place. There had

been a number of papers laid upon the table relative to this; he was

willing to transmit them to the proper department, there to be made use

of, and he hoped the House would go no further. For in regard to the

proceedings which had taken place, they had exercised a right which did

not appertain to them in proceeding in the business at all; they had no

right to beset the character of the man; and he rested his objections on

this point, that no man could show him an authority for it. He was very

sorry, because he thought it would produce effects of a serious nature,

to hear a gentleman this day denounce the army as corrupted throughout.

He must tell that gentleman that he could not credit the assertion. They

had tried (without meaning to express any opinion as to the officer now

involved) their officers and found them trusty. And to hold them up

as unworthy of trust at this time, in a crisis like the present, was

impolitic and unjust. If gentlemen knew of any particular officers who

were corrupt, why could and did they not lodge information against them,

not by clamor here, but by proof before the proper authority?

Mr. S. in conclusion declared that he should not vote for this

resolution; for, in any way, a procedure by this House on the subject

would be incorrect.

Mr. RHEA, of Tennessee, called for the reading of the letter of ----

Duncan, contained in the evidence laid before the House this session

relative to the late trial at Richmond; it might be satisfactory in

explaining the differences between the version of the ciphered letter by

the grand jury and the translation made by General Wilkinson.

Mr. LOVE said, that although the form of the question had been varied,

by the resolution of the gentleman from Kentucky, (Mr. ROWAN,) yet the

principles of decision remained nearly the same as on the original

resolution; the same objections applied, as to the subject embraced by

the present form, and, so long as it thus remained, those objections

would continue to influence his determination.

These grounds of difficulty had been attempted to be removed by

the gentleman from Virginia, (Mr. RANDOLPH,) by arguing, that the

investigation of the subject might lead to measures which no one would

doubt it was competent to the House to act on. By pursuing the inquiry,

it was said, it might be found that it would be expedient to disband the

army, or withhold its necessary supplies: this, said Mr. L., is begging

the question. The terms of the resolution, in their present shape, cannot

possibly conduct a committee to any such inquiry: it is confined to a

single object; it is, whether the present commander of the army has

been guilty of corruptly receiving money from Spain. The charge alluded

to is understood to be of an ancient date; it is not suggested by any

one that the army is tainted with this crime, specially set forth in

the resolution: the charge, if proven, could not then be a cause for

disbanding the army, or withholding the necessary supplies. If an object

of this kind is contemplated let it be so stated, and an inquiry into the

grounds of such proposition, however strange in idea, would only be the

exercise of a constitutional right.

The resolution, Mr. L. repeated, called the attention of the House to

a single fact, it exhibited a charge already made penal, both by the

military and civil code; it respects a character over whom we have no

constitutional control, by impeachment or otherwise. If an improper

character is commissioned to the command of our armies, and continues

so, let the responsibility fall where the constitution has placed it,

on the Executive; the attention of the Legislature must be called to

other things than judging of the merits or crimes of the soldiery. But

it is objected that the military tribunal appointed to make an inquiry

on the demand of the person accused, and which the House understood was

now engaged in the performance of that duty, has no power to compel the

attendance of witnesses, or the production of papers. He would not for

a moment so far impeach the patriotism of those gentlemen, who have

declared themselves possessed of knowledge on the subject of the charge,

as to suppose they would not attend the respectful summons of a tribunal

erected by our own laws, for the investigation of crimes which they admit

are of importance to their country. Those gentlemen surely too well

understand the rights of others to object to a cross-examination; but if

a military court is not possessed of a power sufficient to compel, if it

should be necessary, the attendance of witnesses, the common judicial

tribunals are so; the civil, as well as the martial code, has cognizance

of such offences as are suggested; the same effect, as it respects a

military officer, would follow the establishment of guilt before either

tribunal. If gentlemen object to a military court, which the law has

instituted, let them resort to a civil one; it is there they may without

apprehension or difficulty make those disclosures which the good of

their country requires; it is not here that a power is found, either to

prosecute or punish the offences of military men. He hoped the time of

this Legislature would be better employed than in the usurpation of the

powers of the Judiciary or Executive, in the investigation of criminal

charges against military men, whom they could neither hear the defence

of, nor punish their crime, if proved.

Mr. L. said, that as to the truth and weight of the charges made against

the military character in question, he felt no disposition to decide; to

determine a man guilty of crimes of great enormity, without a hearing,

without examination or testimony, and without a possibility of defence,

was so hostile to every principle of justice, and common humanity even,

that he had not permitted his mind to enter into any investigation of

fact, or his feelings to enlist in the prosecution; much detail of

circumstance had been used, which ought to put the House extremely on

its guard against the influence of feeling in deciding the present

question. A gentleman had the other day said, that he felt no delicacy

towards a man, whom he had on his oath been obliged to say was guilty

of misprision of treason; it was thus intimated that the grand jury of

Virginia district, who investigated the subject of Burr’s conspiracy,

had agitated the question of General Wilkinson’s criminality; (setting

aside the observation which might well be made that Burr’s conspiracy was

no part of the present inquiry) it appeared to Mr. L., that the question

having been agitated, and no presentment being made of the officer now

charged, a considerable portion of the grand jury must have said in like

manner, on their oaths, that that officer was not guilty of misprision of

treason; but to-day the same gentleman has informed us, that the reason

why no presentment was preferred against Wilkinson was, that he escaped

by a legal exception in his favor; that although the immorality of his

act was complete, (as well as he could understand the gentleman at the

distance he was from him,) the offence could not be located, or some

other legal defect. Mr. L. said he confessed he was not well informed

of the proceedings of the grand jury, he had heard some noise which he

had scarcely listened to about them: he had never before heard, that

the principal officers of the army were leagued in Burr’s conspiracy:

he would say, however, that the grand jury assembled on that occasion,

was as able and respectable a one as ever sat on any former occasion of

the kind, and he confessed he was surprised to hear they had omitted to

exercise a general power, which, when it appeared to them the officers

of our army were actually conspirators against the Government, as we are

now informed, it became imperiously their duty to exercise, by making

a presentment of the dangers of the country: any general evil a grand

jury may present, if they believe it to exist only in intention. The

acts of a legislative body, and some he believed of Congress itself, had

been presented by grand juries as of evil tendency; and one instance

at least has occurred of a grand jury having presented the very court

which presided over it. Certainly such an evil as a general conspiracy

of the officers of our army required some public exhibition of the

offence; even if it was such in them as well as the commander, as not to

be brought, in the opinion of the jury, within the form of an efficient

prosecution. Mr. L. said, he was sorry that he too had been led into

the notice of facts by the surprising things he had heard. He hoped

unnecessary delay would be avoided. The time occupied in the discussion

of this dispute had already, he would presume, prevented some of the

committees from reporting on subjects of the first consideration. The

present eventful and threatening aspect of foreign affairs demanded

attention; he particularly apprehended it might have prevented the

report of the bill for arming the militia, as well as other subjects of

national interest, from being taken up. Let us then, said Mr. L., meet

this question, decide upon it, and send to the proper departments the

information which will enable them to act in the manner we are told they

have attempted, under the laws in existence. The question which they

solely ought now to consider was their right to act. He believed there

was no man in that House who did not, after what had been said, wish a

thorough investigation, but certainly the mode to be pursued was obvious

and easy. He conceived it would be entirely sufficient if the papers and

information were transmitted to the proper department, and should, if

the resolution was negatived, beg leave, if he could get the floor, to

offer a resolution, with a preamble, detailing the reasons which governed

him in his vote, by which it might appear, that although he felt as much

anxiety as any man that the proper tribunals should act on the subject,

yet his objection to the present mode proposed, arose from a source above

mere matters of expediency or temporary feeling.

Mr. L. then said, as it was not in order in the then stage of the

debate, to propose his resolution, he would read it, in order that the

House might be apprised of his views. He then concluded by reading the

following resolution:

_Resolved, therefore_, That the papers and information laid

on the Clerk’s table of this House, relative to General James

Wilkinson, be referred to the Secretary of the War Department

of the United States.

Mr. LYON said, notwithstanding the impression made upon his mind by the

statement read this day, he should vote in the same way as he should have

done before he heard it, if the power of the House to make an inquiry

were not called in question. He would as soon cut off his right hand as

to say that this House had not the power to call in question the conduct

of the Commander-in-chief. Was this House prepared to say that they

had not the power to inquire whether or not the Commander-in-chief has

sufficiently the confidence of the people and of the Army? He would not

commit himself in this way; and, after what had been urged as reasons for

voting against the resolution, he could not promise how he should vote.

The question was altogether varied by the motion now under consideration;

the former and original question was, whether they would request the

President to perform certain duties; it was now moved that they should

perform these duties themselves; and he should certainly vote in favor of

it, if it were contended that this House had not the power to pass it.

As to the creed of the gentleman behind him, (Mr. LOVE,) he could not

subscribe to it; it was too long for his comprehension; but if it were

intelligible, he would tell the gentleman behind him that he could not

agree with him.

He should be satisfied to see what the court of inquiry would do in

this business; and if they did not do what would satisfy the nation, he

should be perfectly willing to proceed in the inquiry. He thought that

then, feeling as his colleague (Mr. ROWAN) must feel, it would come

properly before the House. Mr. L. had long had a suspicion of this man,

and his mind was much at variance on the subject. None of his feelings

would induce him to surrender the right of the House to inquire, and if

this were made a general ground of opposition to the motion, he should

assuredly vote for it.

Mr. TAYLOR confessed that the importance of the subject was sufficient to

claim his ardent attention, and from the consideration he had given it,

he was opposed to the resolution, and felt it a duty not to give a silent

vote on a measure, which by the terms of the resolution offered was not

to inquire on a general subject, (which even on this subject unconnected

with any individual, but as he might be incidentally concerned, might

be excusable,) but to inquire about the conduct of a single individual;

or in short and plain terms to denounce the man; a man, too, holding an

office out of the immediate control of this House, amenable to other

tribunals, and liable, if guilty of all that has been asserted against

him, to the sentence of death, both by our civil and military courts.

This measure of denouncing an individual whom this House cannot impeach,

said Mr. T., is then a new case, and one which, if adopted, will

establish a precedent dangerous to this Government, dangerous to the life

and liberty, the honor and reputation of the citizen, and calculated in

its effects to put at hazard every institution and sacred provision in

the constitution under which we profess to act.

We shall in the first place interfere with the Executive Department--with

which department the constitution has expressly intrusted the care,

the responsibility of watching over the army; and in respect to the

inquiry proposed to be made by a committee of this House, when we have

made it, we can pass no sentence, we can ground no impeachment against

the denounced; we should then have to come back and acknowledge our

imbecility, by asking, or requesting the President to do that which we

found ourselves unable to perform.

We assume to ourselves the responsibility which properly attaches to that

department. I rejoice that here the maxim is monstrous and exploded, that

the Executive can do no wrong; that here the ministers are not liable

for the acts of the superior, but the superior accountable for the acts

of his ministers and agents. If General Wilkinson is the monster in

iniquity his enemies state him to be, if the President has continued

him in employment after he had evidence positive of his guilt, or if,

as has been charged, he has turned a deaf ear to the proof about to be

offered by an ardent, a disinterested friend to his country, why has

not this blazing patriotism burst out in a direct and not an indirect

impeachment of the Executive? But the sense of the nation is too well

known to venture at this thing. No, say the advocates of the resolution,

this has nothing to do with confidence in the Executive--and yet if the

Executive has a spark of that patriotism which he ought to possess, if he

is not the protector and upholder of a knowing traitor, would he dare to

disregard the information, if legally substantiated, which the gentleman

from Virginia and the delegate from Orleans had laid on your table? If

confidence has nothing to do with this, why did not these gentlemen hand

in to that department of the Government which had the constitutional

cognizance and final control of this business, all the information they

had on this subject? Why make this House the great gun from which to

thunder their denunciations and fulminations against an individual, when

there was a shorter and more easy way of getting at their object? A

corrupt Executive would desire the very measure proposed. Interfere with

his functions, assume his responsibility--what would be the result? You

denounce the agent, the tool of such an Executive, (the Colonel Vernon

of Cromwell, for example.) You order, or you request, that his conduct

should be inquired into. Well, in obedience to your order, this corrupt

Executive appoints a corrupt board of officers. The conduct is inquired

into, and the accused comes out glossed over with an honorable acquittal

from this court, and ready and more fitly prepared to execute the

ambitious designs of his protector. Ask of the Executive why is this so?

He answers, I have obeyed your orders, the responsibility is yours and

not mine. This will be the effect of our travelling out of our defined

orbit and taking upon ourselves what never was intrusted to us by the

constitution under which we act--already, when gentlemen say that we are

not to know that a court of inquiry is ordered in this case, but which

every one does know, is now sitting--I say, already do they anticipate

the result, and in a fore-handed way make it a theme of abuse against

that Executive, with which they tell us confidence or diffidence has

nothing to do in this question.

But to be done with these words, so offensive to the chaste ears of the

supporters of this measure. Mr. T. said he would ask these gentlemen if

they would allow their own judgment, views, and conduct to be judged of

by those who by duty were compelled to decide upon the measures they

proposed? They surely did not claim that infallibility which they denied

to others. Well, then, said he, place them in one scale, with all their

acts or with any particular act, and place the Executive in the other,

with all or with any of his acts. Nay, sir, take the present subject only

as a criterion. Let the nation hold the balance. I have no hesitation in

saying that their scale would kick the beam. This I am compelled to say;

I have more confidence in the present Administration than I have in those

who brought forward and now support the presentation. I seek for nothing

but truth--I would not kiss my hand for any thing that the Executive

could do for me or mine. I am not one of those politicians who expect pay

for doing nothing.

I come now, said Mr. T., to my second grand objection to this

measure--that it will interfere also with the Judiciary Department of

our Government. Treason and perjury have been alleged against this

individual; by what tribunal are these crimes cognizable? Certainly by

the courts of law. The constitution has guarantied to every citizen the

right of a fair and impartial trial by his peers, a jury unbiased of

his countrymen--will this right be preserved to General Wilkinson after

the denunciatory speeches which have been uttered on this floor are

published? Will this right be preserved to him, when the whole continent

has been searched not only for all that Burr could collect, but for a

new enlistment, a host of witnesses against this man? Your committee

of denunciation collects the testimony, the committee makes report of

the whole to this House, and it is published. I say, will not this be

prejudging the man, and condemning him, before he has been brought before

your judicial tribunal, to which he is amenable if guilty of all that

has been urged against him on this floor? After such a procedure would

there be a possibility of this man’s obtaining a fair trial, of his

enjoying that right which is secured to him by the sacred provisions of

the constitution, and which even in a country far less jealous of the

liberties of the citizens than ours ought to be, he would have secured to

him?

I come now, said Mr. T., to my third objection to this measure--and

which is nearly allied to the last--and that is, that in our military

courts too you deprive this man of a fair trial. Every observation I have

made in respect to the right of a fair trial by jury, I contend applies

equally strong to the trials in our military courts. But this man is a

soldier, he is Commander-in-chief of your standing Army, therefore he is

fair game--therefore we must hunt him down. Let us see what power the

constitution gives us in this respect--we have the power of disbanding

the Army at any time by denying the vote of supplies--we are forbid to

part with that power for a longer term than for two years, we can then

disband the Army, in its climax of misconduct and disaffection, in spite

of the Executive. Mr. T. asked was this the object at present? If it was,

why did the gentlemen make the terms of their resolution wide enough

to embrace the whole Army? But he gave them the credit due to their

candor--they drove openly and above board at the man.

There was another power given to the Legislature of the United States by

our constitution--to pass laws for the regulation and government of the

Army. Had this power been exercised? It had. Had the Legislature been

restricted in the severity of the laws enacted for this body of men? They

would see by looking over them. Mr. T. said he had looked over them. One

hundred and one articles were contained in the statute book, every one of

which (except about half a dozen) were distinct definitions of crimes.

Of the statute book he wished to speak respectfully; the severity of

this code might be necessary; but duty compelled him to speak of it as

he found it. It would seem as if the Legislature in penning this law

had borrowed the pen of Draco, dipped in blood. Every step they took,

from article to article, was marked with blood, with scourges, and with

death. No less than sixteen definitions were there contained of crimes

capital and punishable with loss of life. After having armed the courts,

which, said Mr. T., are appointed to sit in judgment on these soldiers,

(and remember that not only the standing Army, but the militia also are

at times subject to these rules,) with the power of life and death placed

in their hands, the scourge, the halter, and the musket, for lacerating

and destroying the infractors of these articles, the Legislature, with

all this severity, tempered the whole with one divine, one beneficial

principle. This box of Pandora contains hope--the hope of a fair,

impartial, and unbiased trial, by their comrades, by their peers. But

this hope, by your present resolution, is proposed to be destroyed: as

if the gloom around the arrested soldier was not sufficiently dark, you

now are about to establish a precedent, which whenever used will shut out

every gleam of light. Would it be surprising that men thus proscribed,

marked out as the fit objects on which to pour out your vials of wrath,

should in time become disaffected, should turn their arms against their

country? Yes, by the course proposed you prejudge a citizen--you mark

your victim. What despotism can be worse than this? The pious Parliament

of England who brought Cromwell into power did this very thing. They

were not content with the uncertainty of the proceedings of the criminal

courts of that day--they appointed a committee, (as is proposed now,

sir,) a court of high commissions, to take care that the courts of law

and the military courts should let none go whom they had marked for

destruction. How did this business end? The very pious and country-loving

Parliament, who were so intent upon the public good as to break down

and trample on every opposing impediment either of law, religion, or

morality, and all for the public safety, (the very motive we hear now

urged,) were kicked out by Cromwell and that very army they had supported

at one time and proscribed at another; and were sent, according to the

language of that day, to seek the Lord elsewhere. And their degradation

produced gratulations from every part of the Commonwealth to the

Protector, and confirmed him in as absolute power as the Emperor of the

French by similar means has at this day acquired.

Why should I go back, said he, to the days of Cromwell. The effects of

the mistake in this respect of a gallant and infatuated nation now exist.

History need not record it for our instruction; the fatal error happened

in our time. It would be too painful to travel from step to step, and

detail the whole of the misfortunes of this gallant people. I will take,

I think, the most interesting incident in the French Revolution--the

point of time which decided that France was not to be a Republic. The

Girondists, who were the most enlightened, the most virtuous, perhaps

the only real Republicans in France, denounced Marat. Marat and his

friends made head against their opponents and in turn denounced them.

Marat was destroyed by an enthusiast, but his party prevailed. Yes,

from the rostrum in the conventional hall proceeded the poison, from

the National Convention was administered the dose which annihilated

all true Republicanism in that country--the system of prejudging the

criminal before his trial. How was this denouncing system improved upon?

At first, indeed, there was kept up the show of a trial in the courts

below, but the victim was nevertheless as certainly marked, or certainly

doomed to destruction. But the orators in the Convention, having a long

session, and finding nothing better to employ themselves in, multiplied

the victims so fast, that to be possessed of a handsome house or estate,

a beautiful wife, sister, or daughter, was crime sufficient to incur

denunciation--the courts became so crowded with victims, that to expedite

the business, instead of formal trials, the courts condemned _en masse_:

ten, twenty, or fifty, were delivered over to the public executioner,

with only the ceremony of passing in review before the judge; a motion of

his hand, or the waving of his _bonnet rouge_, was a sufficient signal

for the executioners to lead the denounced to the guillotine.

We have a constitution, (said he,) we have laws enacted for the

prevention and punishment of crimes. The rights of our citizens are, I

hope, sacredly guarded by the provisions contained in them. Shall we then

adopt this revolutionary measure?

All history shows--the experience of all ages ought to have impressed

this important truth on our minds--that in religion anathemas, in

politics denunciations, in popular assemblies, have led to the same

slaughter-house--fell intolerance and bloody persecution. Shall we now

throw aside our chart and compass, and venture in this wide, boisterous,

and dangerous sea of expediency?

Look at the constitution--search for this denunciatory power vested

in this House. What is it? We have a right to impeach a civil officer

for misconduct. What punishment can we demand for him when convicted?

Dismissal from office, and disqualification from holding any future

office of trust and profit. In nothing does the wisdom, the inspiration

of the framers of this instrument more appear than in this restriction.

They well knew the danger of introducing personal feelings and

resentments, of party rage and fury in this body; of gathering here armed

with the power of destroying one another.

I have said, on a former occasion, that this House had no power itself;

its committee cannot have the power of sending for persons, papers,

and records; it is nowhere directly given; it cannot be derived

incidentally, in a case, the cognizance of which is not given to us by

the constitution. I then stated the cases where this incidental power is,

_ex necessitate rei_, derived, viz: 1st. For collecting testimony whereon

to form articles of impeachment. 2d. Testimony may be thus collected in

deciding on the expulsion of a member, 3d. Where an election is contested.

The gentlemen who support the resolution have been desired to show the

power of the House for this purpose in this constitution or in any

law. They have not done so. They are obliged to resort to expediency,

and that expediency, I have contended, will not hold them out. But,

say they, the courts of inquiry and courts martial have no power of

collecting testimony, and we must do it for them. Will the depositions

taken before this House, or before your committee, be evidence in your

courts? They will not. To sum up the whole, although I must acknowledge

that the motives which actuated the mover and myself are, and must be

the same; I declare I think he means as well as I, the good of his

country; yet I would defy him to instance a more oppressive, a more

unfair mode of procedure in the Spanish inquisition than the preliminary

trial, for it is a trial of General Wilkinson, now carrying on, on this

floor, and about to be prolonged by hanging it upon tenter hooks before

a committee. Gracious God! what innocence can withstand this mode? He

is charged with being a Spanish pensioner in 1796--again, on the river

Sabine--a conspirator with Burr--a perjured man--a conspirator against

the liberties of the citizens whom he arrested as traitors and coadjutors

with Burr. These, denunciations are enforced with eloquence, mixed and

commixed, compounded and animadverted upon by as great talents as any in

the nation. No notice is given to him to attend and make defence. Thus,

with accumulated denunciations, but with but one document before us which

can look like evidence, and that _ex parte_, this House is to be pressed

into a vote which is to fix the stamp upon the character of the man, is

to mark him as the victim of the courts below. If he were a demon I would

not use him thus unfairly.

TUESDAY, January 12.

_General Wilkinson._

The House resumed the consideration of a resolution moved by Mr. ROWAN,

for the appointment of a special committee to inquire into the conduct of

Brigadier-General Wilkinson, with power to send for persons and papers,

and to compel their attendance and production, which was depending

yesterday at the time of adjournment: Whereupon, Mr. ROWAN moved to amend

the resolution, to read as follows:

_Resolved_, That a special committee be appointed to inquire

into the conduct of Brigadier-General Wilkinson, in relation

to his having, at any time, while in the service of the United

States, corruptly received money from the Government of Spain,

or its agents; or in relation to his having, during the time

aforesaid, been an accomplice, or in any way concerned with

the agents of any Foreign Power, or with Aaron Burr, in a

project to dismember these United States; and that the said

committee have power to send for persons and papers, and to

compel their attendance and production; and that they report

the result of their inquiry to this House.

A motion being made to amend this resolution, which gave rise to much

discussion, Mr. ROWAN withdrew it, and Mr. RANDOLPH immediately renewed

his original motion, in these words:

_Resolved_, That the President of the United States be

requested to cause an inquiry to be instituted into the conduct

of Brigadier-General Wilkinson, Commander-in-chief of the

Armies of the United States, in relation to his having, at any

time, while in the service of the United States, corruptly

received money from the Government of Spain, or its agents.

He said he had withdrawn it only to give the gentleman from Kentucky an

opportunity of taking the sense of the House on his proposition; to do

which, in his opinion, every gentleman had a right. He perceived that the

gentleman from Kentucky was about to be deprived of taking the sense of

the House by an evasion of the question, and now renewed his own motion,

which he had only withdrawn with an intention to renew it if that of the

gentleman from Kentucky should not be adopted. He would here say, that

though he did not agree with all the doctrines of the gentleman, that he

thought all his arguments which bore upon this case were unanswerable.

The House agreed to consider Mr. RANDOLPH’s resolution--51 to 36.

A further extended and heated discussion took place, interrupted by calls

for the question.

The question, on Mr. RANDOLPH’s resolution, was then taken by yeas and

nays--yeas 72, nays 49, as follows:

YEAS.--Evan Alexander, Lemuel J. Alston, Burwell Bassett,

William W. Bibb, William Blackledge, Thomas Blount, John Boyle,

William A. Burwell, William Butler, John Campbell, Epaphroditus

Champion, Martin Chittenden, Matthew Clay, Howell Cobb, John

Davenport, jr., Joseph Desha, James Elliot, William Ely, John

W. Eppes, Barent Gardenier, Francis Gardner, James M. Garnett,

Charles Goldsborough, Edwin Gray, John Harris, William Helms,

William Hoge, David Holmes, Benjamin Howard, Reuben Humphreys,

Richard M. Johnson, Walter Jones, James Kelly, Thomas Kenan,

Joseph Lewis, jun., Edward St. Loe Livermore, Edward Lloyd,

Nathaniel Macon, Robert Marion, Josiah Masters, Daniel

Montgomery, jun., Thomas Moore, Jonathan O. Mosely, Gurdon S.

Mumford, Thomas Newton, Timothy Pitkin, jr., Josiah Quincy,

John Randolph, John Rea of Pennsylvania, Jacob Richards,

Samuel Riker, John Rowan, John Russell, Dennis Smelt, Samuel

Smith, John Smith, Richard Stanford, William Stedman, Lewis

B. Sturges, Peter Swart, Samuel Taggart, Abram Trigg, George

M. Troup, Jabez Upham, James I. Van Allen, Nicholas Van Dyke,

Killian K. Van Rensselaer, Daniel C. Verplanck, Jesse Wharton,

Marmaduke Williams, Alexander Wilson, and Richard Wynn.

NAYS.--Willis Alston, jr., Ezekiel Bacon, David Bard, Joseph

Barker, Robert Brown, Joseph Calhoun, George W. Campbell,

Peter Carlton, John Chandler, Richard Cutts, Josiah Deane,

Daniel M. Durell, William Findlay, James Fisk, Meshack

Franklin, Isaiah L. Green, John Heister, James Holland, Daniel

Ilsley, Robert Jenkins, William Kirkpatrick, Nehemiah Knight,

John Lambert, John Love, Matthew Lyon, William McCreery,

William Milnor, Nicholas R. Moore, Jeremiah Morrow, John

Morrow, Roger Nelson, Thomas Newbold, Wilson C. Nicholas, John

Porter, John Pugh, John Rhea of Tennessee, Mathias Richards,

Ebenezer Seaver, James Sloan, John Smilie, Jedediah K. Smith,

Henry Southard, Clement Storer, John Taylor, John Thompson,

Archibald Van Horn, Robert Whitehill, Isaac Wilbour, and James

Witherell.

Mr. EPPES said he had stated on a former day, in his place, that no

information had at any time been received by the present Administration

which went to charge Brigadier-General Wilkinson with being a Spanish

pensioner. This statement was made in reply to a gentleman from Kentucky,

who thought it unnecessary to forward to the Executive the evidence

exhibited against General Wilkinson, on the ground that this evidence was

already in possession of the Executive Department. A fact so important

to the public ought not to rest on the assertion of any individual. If

corruption has at any period of our political existence fixed its fangs

on this Government, if men known to be Spanish pensioners have at any

period been honored with confidence by any administration, it is proper

the people should understand at what period this confidence commenced,

and by whom it was reposed. So far back as the year 1789 or 1790,

information was forwarded to the Executive Department of this Government,

that a combination between citizens of the United States and the Spanish

Government had been formed, for the purpose of dismembering the United

States. The information (together with the names of most of the persons

concerned in the combination) was forwarded to the first Administration

formed under this Government, at the head of which General WASHINGTON

was placed. It was known to the second Administration under Mr. ADAMS,

and additional information forwarded to him by Mr. Ellicott. If General

Wilkinson was originally concerned in this combination, he must have been

appointed to office by the first administration under this Government,

and continued by the second, with a full and complete knowledge of this

fact. The present Republican party found General Wilkinson in office, and

abundant proof can be produced that he possessed the confidence of the

two preceding Administrations. If he was originally a member of the old

Spanish combination, or has, at any period prior to the year 1801, been

guilty of any act calculated to destroy the public confidence, let the

responsibility rest on those who appointed and continued him in office.

We have seen in one State of the Union a member of this combination

removed from the important office of judge, on the ground of being a

Spanish pensioner. A charge of the same kind is now made on oath by a

member of this House, against an officer of the United States. It is time

that all the information possessed by the Government of the United States

on the subject of this combination, should be brought fairly before the

public. With a view to obtain this information, he offered the following

resolution:

_Resolved_, That the President of the United States be

requested to lay before the House of Representatives all the

information which may at any time from the establishment of

the present Federal Government to the present time, have been

forwarded to any department of the Government, touching a

combination between the agents of any foreign Government and

citizens of the United States, for dismembering the Union, or

going to show that any officer of the United States has at any

time corruptly received money from any foreign Government or

its agents; distinguishing as far as possible the period at

which such information has been forwarded, and by whom.

Mr. RANDOLPH seconded this motion.

After a few objections to this resolution from Mr. QUINCY, on account of

its being too comprehensive, not giving the President power to withhold

confidential correspondence, the question was, on motion of Mr. RHEA,

taken by yeas and nays, and carried unanimously, every member present, to

the number of one hundred and twenty, voting in the affirmative.

Mr. ROWAN said that although a decision on his resolution had been

eluded, out of respect for the opinions of gentlemen who objected to

particular parts of it, he had modified it, and offered it as follows:

_Resolved_, That a special committee be appointed to inquire

into the conduct of Brigadier-General Wilkinson, in relation

to his having at any time whilst in the service of the United

States, either as a civil or military officer, been a pensioner

of the Government of Spain, or corruptly received money from

that Government, or its agents; and that the said committee

have power to send for such persons and papers as may be

necessary to assist their inquiries; and that they report

the result to this House, to enable this House the better to

legislate on subjects of the common weal, and our foreign

relations, and particularly our relation with Spain, as well as

on the subject of the increase of the Army of the United States

and its regulations.

A motion to consider this resolution was negatived--60 to 46.

Mr. HOLLAND moved that a committee be appointed to wait upon the

President with the resolutions this day adopted.

Mr. LOVE moved that the evidence or information laid before the House

relative to the conduct of General Wilkinson be transmitted to the

Executive.

On motion of Mr. ROWAN, seconded by Mr. RANDOLPH, the words “copies of”

papers, &c., were inserted; and the resolution for transmitting copies of

the papers was agreed to without a division.

The motion for appointing a committee to wait on the President with

these resolutions and copies, was agreed to without a division. Messrs.

RANDOLPH and EPPES were appointed the committee.

FRIDAY, January 15.

_Government Contracts._

On motion of Mr. BASSETT, the House went into Committee of the Whole

on the resolutions submitted by him some days ago relative to the

contractors.

The first resolution being under consideration, as follows:

_Resolved_, That provision ought to be made by law to prohibit

the officers of Government from making any contract, on behalf

of the United States, with any person being a member of either

House of Congress, or with any other person for his or their

use:

Mr. BASSETT said he presumed that this proposition possessed sufficient

intrinsic merit not to require the aid of extensive talents or laborious

exertions of any gentleman to advocate it. He assumed it as an axiom,

that fundamental principles must rest for their security on the purity of

the Representative body. He should, however, trust the support of this

measure to its own importance.

The resolution was carried--59 to 15.

TUESDAY, January 19.

_Naturalization Laws._

Mr. BURWELL begged leave to offer a resolution to the consideration of

the House, on the subject of which it was not his intention now to make

any observations; it was upon the subject of the naturalization laws of

the United States. Upon examination of the constitution, it would be

found that Congress had now, since the 1st of January, 1808, full power

to act on the subject, and dispose of it in such manner as the public

good might require. It was now in their power to exclude foreigners from

the country altogether, or admit them under such restrictions as might

be deemed consistent with the public interest. He therefore hoped the

resolution would be agreed to, and give him an opportunity of introducing

such a bill as he contemplated, and on which the House might then decide.

The resolution is as follows:

_Resolved_, That a committee be appointed to inquire into the

expediency of amending the act of Congress, passed the 14th of

April, 1802, entitled “An act to establish a uniform rule of

naturalization, and to repeal the acts heretofore passed on

that subject.”

The resolution was agreed to, and Messrs. BURWELL, QUINCY, MACON, G. W.

CAMPBELL, SMILIE, FISK, and J. MONTGOMERY, were appointed the committee,

with leave to report by bill, or otherwise.

_The Militia._

On motion of Mr. M. CLAY, the House went into a Committee of the Whole,

on the bill more effectually to provide for the national defence by the

militia of the United States.

The first section being read, as follows:

“That all the militia of the United States, liable to do

duty, over twenty-one and under ---- years of age, shall be

deemed and held in requisition, and called the junior class of

militia. And the President of the United States shall be, and

he hereby is, authorized, on the appearance of national danger,

to order out the same, or any part thereof, to any part of the

United States or their Territories, for not more than one whole

year at any one time. And whensoever a part of the said junior

class shall, by the President of the United States, be called

into actual service, such call shall commence with those that

are lowest in number, as to age first, and so in rotation: the

same shall not be compelled to do duty a second time until the

whole of the said junior class shall have served one tour; and

when called into the actual service of the United States, they

shall be armed and equipped by the United States. For this

purpose two hundred thousand stand of arms complete, shall be

deposited in such places as the President of the United States

shall direct, and whensoever the whole, or any part of the said

junior class of militia, shall be called into actual service by

the United States, and shall be armed and equipped by the same,

it shall be lawful, and they, and each of them, are hereby

permitted to retain the said arms and accoutrements, as their

own property, any law to the contrary notwithstanding.”

Mr. M. CLAY said it was necessary to fill the blank in the first section,

before they proceeded any further, and it was incumbent on those who

were friends to this project, to show that there were defects in the

militia law as it now stood; and, if they could prove to the House

that the system offered was better than the old one, he presumed there

could be no objection to the bill under consideration. At all events he

wished gentlemen to take a serious view of the subject; it was a great

national question, on which the salvation of the country depended. He

would endeavor to bring forward the best testimony that could be had to

prove that the present system was defective, and he hoped he should be

able to do it. I will commence with the adoption of the constitution

under which we are now acting. We find that President WASHINGTON always

kept this subject in the view of the National Legislature. This shows

that there was something in his opinion to do; it was not his business

to tell us what it was, but ours to find out. If gentlemen will take up

the Presidential communications from the commencement of the Government,

they will find that the subject has been uniformly recommended by each

successive President of the United States to the present time. I state

this as a strong evidence that, in their opinion, a change was wanting

somewhere. Next to this I will call your attention to the communications

made from the State Executives to their Legislatures. We find also, that

the State Legislatures, almost every year, and in every session, have

had the subject under their consideration, and turned it over in one way

or the other. This proves that there is in their opinion some defect.

We must now remedy that defect if we can; it behooves us to do so; and

if I shall be fortunate enough to point out the propriety and mode of

making this alteration, I shall have done my duty. We will go further

back than the adoption of the constitution; we do not recollect the

whole body of the militia ever to have been brought into action to such

effect as our strength of numbers would have warranted, if the militia

had been properly organized; there was a defect somewhere, which should

be remedied without going either to one extreme or another. If gentlemen

will turn their eyes to the bill on the table, they will find that our

project is to steer between the two, not to harass the militia, but to

render them fit for efficient service, by taking only those that can be

best spared from home, and, when in actual service, can be most relied

on. History itself furnishes no instance, let the mode of warfare be

what it might, where the whole body of the militia were ever called into

actual service, and kept there for any length of time to advantage. If

there was much marching and fighting, the old men with families would

soon find the way home; they could not be relied on for a length of

time. I remember often to have heard this complaint made before the

Revolutionary war; when we were at war with the Indians. Nay, further, if

we go among the savages, we find that they do not all turn out to battle,

and leave their women and children only behind; they take neither old nor

young men, I mean their lads, to battle, but such only as may be useful

in the field.

When we recur to the times of the Revolution, which every old gentleman

recollects, and every young one has heard of, every one then in service

will attest the fact, that wherever the body of the militia were called

on to march, old and young together, the old men soon found their way

into the hospital; they would complain of old rheumatisms, &c.; they

would often fatigue and break down the young men by imposing on them the

additional burden of their knapsacks.

My object is to leave at home the senior and minor classes as much as

possible; nothing but imperious necessity and imminent danger should call

them to the field, and that within their own State, or in the neighboring

State. I wish not to derange the state of society, which must be the case

if the whole body of the militia are called out at once. During the last

war, we saw not only fields and neighborhoods, but whole States, laid

waste from being deprived of their cultivators. I wish to avoid this

evil; I wish to leave men enough at home to cultivate the earth and take

care of the crop. It is well known to gentlemen of the Revolution, that

while we lay at Valley Forge, in Pennsylvania, at Middlebrook, in New

Jersey, and at other places, we were almost in a state of starvation,

because all hands, meaning the whole body of the militia, had been

called out, and cultivation and manufactures neglected. I have seen (and

an awful sight it was) not less than five thousand men on parade at a

time, in the midst of winter, almost naked, without shirts or shoes;

of times have I seen them march on the frozen ground barefoot, marking

their footsteps with blood as they marched. At the times here spoken of,

the Army was reduced to the awful necessity of going into the adjacent

country and threshing out the grain from the straw, and, while thus

engaged, the poor and almost naked women, with their helpless babes

crying round them, would ask, with tears running down their withered

cheeks, for God’s sake not to take all, telling the soldiers that that

was their all, and when that was gone they must starve; that they had

no money, nor wherewith to get money. Now, my object is to avoid such

another scene--not only on this account, but in some of the Southern

States, we have an internal enemy, an enemy within our own families.

There should always be a sufficient force left at home to awe and keep

that enemy down. By taking out the junior class only, we shall always

have a sufficient number left to quell and keep down insurrection at

home. We shall presently show that we have a sufficient number of young

men under the age of twenty-six and over twenty-one, to meet the enemy

whenever they are called on. We have three great points of assault, New

York, Charleston, and New Orleans, and I shall I trust be able to show

that we have a sufficient number of young men of the junior class to keep

up a continual force, if necessary, to meet all attacks. It behooves me

now to show what disposition I intend to make of the minor class--young

men under twenty-one years of age. It is not my intention that they

shall be called into service, except in case of the utmost necessity,

and then only within their own State. We find, from report, that to be

the rock on which the Emperor of France has split. He takes his men when

in their infancy, from the age of eighteen. They ought to be left until

they are twenty-one, to lay in a sufficient stock of information to carry

them into life. Let them learn trades or attend to their studies; for

we consider the trade or profession which a man learns in his youth,

whether mechanical or mental, as a fortune; and therefore we do not wish

to interrupt them until they have completed their studies or trades,

except imperious necessity should require it. It is necessary that every

man should have somewhat from which he may receive subsistence during

his passage through life. During his minority he lays up by learning a

trade or profession, a principal, the interest of which supports him

after he attains the age of twenty-one. We also well know that young

men under twenty-one cannot stand hardship; they may do some service;

they may march about a little, but their system is not matured; they

cannot undergo fatigue. We also know that it will almost take two men of

eighteen years of age, each, to cope with one of twenty-five in bodily

strength.

We shall now proceed to show the numbers of each class, as nearly as they

can be ascertained from the census of 1800. We have taken the authority

of the best statistical writers for the progressive numbers.

The census of 1800 gave of males from twenty-six to forty-five,

432,193. I am not very particular as to fractions, they being of little

consequence. The annual increase from 1790 to 1800 was about three and

one-half per cent., which we will assume for the increase since the last

census, being seven years. This will give us an increase since 1800 of

105,882, which added to the number by the last census, makes 538,075.

From these deduct, unfit for service, as nearly as we can ascertain,

35,000 or 40,000. We have taken, for the sake of equal numbers, 38,075;

which leaves 500,000 men, who may be relied on if the danger should be so

great as to call for all men over twenty-six and under forty-five.

By the census of 1800, those over twenty-one and under twenty-six,

were between 190,000 and 200,000 men. To this add, for the increase

since, by the rule just laid down, 49,400; which will make 249,000,

under twenty-six and over twenty-one. Deduct from this number 8,000

or 9,000, for those unfit for service. For the sake of round numbers

deduct 9,000; which will leave 240,000 able men. We will suppose wanting

at any one time, 30,000 or 40,000 at each of the three great points I

have mentioned, which would still leave enough at home to supply the

succession and deficiencies. Out of this class of men, then, between

twenty-one and twenty-six, could be called out sufficient for service, at

any one time, from 90,000 to 100,000, and leave double that number still

in requisition. If, however, it should be thought that 240,000 would

not be a sufficient number, we have only to take all under twenty-seven

instead of twenty-six. Those between twenty-six and twenty-seven, added

to the others, would form a body of 280,000 men, without taking any

under twenty-one or over twenty-seven. It is about this time of life,

twenty-six or twenty-seven, when a man begins to know mankind; they

have then sown their wild oats, as we generally say; they then wish to

settle and see a family rising up before them; they feel vigorous, and

wish to show their activity and strength, in running, tumbling, and

wrestling; they think themselves great men; they wish to travel and see

the world; they have a roving disposition. This is the moment to lay

hold of them and make them good soldiers. I know well that it will be

said by some that it is an invidious distinction to stop at twenty-six

or twenty-seven. Why may not the same be said of stopping at forty-five

or beginning at eighteen? It is said that this classification will tear

up the old militia system. I do not care how soon it is plucked by the

roots; we have had enough of it. Why persist in a system which we cannot

get along with? What is the consequence? To show what that is, it is only

necessary to read the report of the Secretary of War. Under an exertion

of all the energies of the commanding officers, after the insult of the

22d of June last, on the Chesapeake; after the Executive officers had

exerted themselves to procure the best information upon the subject of

the militia held in requisition, what is the result? The report just

mentioned will show that you cannot rely with confidence on the militia

in its present state; nor can you on volunteers. The last will do for a

moment at the commencement of a war. In case of invasion they will do

very well for the moment. They do not go out with a view of brushing

their own coats, washing their shirts, and to cook their victuals; they

expect to call for the best of every thing at every house. Some gentlemen

volunteers went down lately to Norfolk from Petersburg and Richmond.

They conceived themselves on a level with the officers; it would not do;

they came home disgusted, and you will not get them to go again. What

was the case during the last war? When a large troop of volunteers was

raised (I know the fact, I had a brother among them, and can therefore

speak of it) they came prancing to General WASHINGTON. The old General

asked them what they could do? “Fight for our country,” said they. “Will

you go into camp with the Army and do regular duty?” They answered “No.”

“You have my thanks, then, gentlemen,” said the veteran, “go home again.”

This was only to make a show, they intended nothing else; they may do for

a moment; but there must be method and regularity in our Army. It will

not do to have a large body of men collected for any purpose without it.

And therefore it is, that as the great mass of our militia now stand, no

reliance can be placed upon them. It will not answer to rely on regular

troops. It is easy enough to raise a standing army, but it is difficult

to disband them. We had at the close of the last war an awful testimony

of the truth of this. Nothing but the vast weight of character of General

WASHINGTON, who, descending from his high office of Commander-in-chief,

mixed with them as a brother soldier, could have prevented them from

revolting. See what a clamor is now raised, and rumors afloat through the

country, about your standing army of 3,000 men. Get a man sufficiently

popular for Commander-in-chief of a large standing army, and what sort

of government should we soon have? We may shudder even to think of what

might be the result. Look at the contrary side, as now proposed to

regulate the militia. You take them from the bosom of their families for

one year. At the end of that term they will be anxious to return home.

Mutiny will not arrest them. With avidity they will return; a tear of joy

will bid them welcome.

Gentlemen say the bill does not give us detail sufficient. We can fix all

this when we have once passed upon the principle. This I repeat; nearly

one year has elapsed since the outrage committed on the Chesapeake, and

yet no return of volunteers or militia. This goes to show that volunteers

are not to be relied on, and also that the militia laws are defective.

I hope we have shown that we have strong reasons to suspect that the

present militia system is not the best that can be devised. We have

shown this from the best testimony in our power from the adoption of

the constitution to this day. From the communications of the President

of the United States to Congress, and from State Governors to the State

Legislatures, it may be seen that the subject has almost always been

introduced and recommended to the consideration of the Legislatures. If

this is not the best system that can be adopted, I am willing that any

gentleman should propose a better. Let us see any other system, we will

examine it thoroughly and act with our best judgment on it. This is a

time when the whole United States are in danger, and some modification of

our present system must be made.

Towards the close of the last war the militia began to fight very

well. In Kentucky the fighting men were numerous. After the attempt

of the army at the close of the war, to turn their arms against their

country, Government placed their soldiers when out of service on the

frontier, with the natives on their borders, with whom we were then at

war. Virginia gave lands to her soldiers which were in the background.

Why? Because it would not do to fix these men of seven or eight years,

standing among the body of the people. We will give them this land, said

the officers of Government, and let them go and fight the Indians. The

reason was, that they had served seven or eight years in the regular

army. This fungus, a standing army, was applied on our frontiers as a

breastwork and safeguard, to keep off the savages; we wanted to keep them

out of the way. We could have burnt up the Indian towns and put an end

to the whole race immediately; but we did not wish to do it; we wished

to keep our old soldiers fighting till they cooled off from the habit of

inactivity acquired by service in the war.

We have endeavored to show that volunteers will do but for a moment, and

that when there is nothing to do, and they can have both male and female

waiting upon them. They cannot be relied on in war. They are not the kind

of troops for service when invaded by a powerful enemy. Volunteers may do

for sailors or marines, if they choose to go to sea. We have endeavored

to show that classification is the only mode by which they can be relied

on for the real service of their country; that old men are not the best

for service; that young men under twenty-one ought to be kept at home

till they get enough of experience to serve them through life; and that

young men, over twenty-one and under twenty-six, have a propensity to be

in action, to serve their country and to acquire fame.

Some gentlemen make objections to the mode of officering. I have no

doubts upon that subject; the thing will work well--this the constitution

has reserved to the States themselves. When officers are wanting, young

men can always be found peculiarly qualified to conduct their companions

to the fight--young men of high standing and weight of character. The

soldiers, having themselves choice of their commander, will choose

one out of many candidates, as there always will be, in whom they can

confide. I presume, young men of first talents and enterprise will have

preference. Let them have a man to command them of their own age. They

will say one to the other, I know this man; I have known him from my

youth, and can confide in him.

As a reward for the services of these young men, after a campaign is

ended, let them keep as their own property the arms with which they

fought, which will be handed down from father to son: “This is the piece

I fought with.” Let it be engraven on the barrel, this belongs to such a

one, he earned it by serving his country at such a time. After men have

served one year, sufficient numbers will be found to replace them, who

will be anxious to see the country, and travel over the Union, emulous

of fame: and when they have served a tour will long to return to their

kindred, loaded with an honorable pledge of the service done their

country.

It is certainly a desirable thing that the physical strength of the

country should be applied in the most advantageous manner to the

protection of the country. We admit that some men marry early. In

this case let them hire men as substitutes from their own class. This

substitute may serve out his time and return. By that time another

young man may have married, and his substitute, being accustomed to

service, may go out a second term. By the adoption of this principle of

classification you get the best blood of the country, that which you can

rely upon. You will not see your hospitals filled with old men disabled

by the rheumatism and gout; nor will you see children in the ranks,

trembling at every leaf that falls around them, not sufficiently hardened

to lie out upon the ground covered with ice and snow. If we go on in the

same bungling manner as heretofore, we shall never have an efficient

militia; you will annually receive the President’s Message recommending

the subject to your consideration.

I hope gentlemen will think with me, and not impute impure motives--the

fact is, I have two sons that will soon be twenty-one, and I love them as

much as any man can, and perhaps can say what few can. The first property

I gave each of them was a gun; and have enjoined it on them in my will,

that it I was given them to defend that country which their father had

assisted in delivering from bondage. My son’s gun will impress on his

mind that he must fight when his country calls for his services; it is

his fortune.

I hope gentlemen will take a serious view of the subject--that every man

will lay his shoulder to the wheel, and rise up to the East and West,

South and North, to prepare for the protection of his domicil. Gentlemen

have said that this was a new project, that it will create confusion now,

when the service of our militia is most wanting. It is because of the

crisis that I have at this moment brought the matter forward. The present

system is acknowledged to be defective; we wish to make it as efficient

as possible--that our countrymen may know who must march at a moment’s

warning.

In Virginia, during the last war, young men, merchants, lawyers, and

doctors, went out to battle, stayed two or three weeks, took sick, and

went home. As long as every door was open, the hand of every man giving

them friendship, and caressed by every woman, they stood their ground;

but when dependence was placed on them for service, they were off. I

recollect a circumstance of some new militia just come into camp on the

eve of a battle. The time of battle soon came; these men were placed in

front; but no sooner did the redcoats, as they called the English, come

within one hundred yards, than they threw down their arms and ran as

though their lives depended altogether on their heels for preservation.

When they were asked, where are you going, boys? Did you ever see the

like, said they, we cannot stand them. When the redcoats come now it will

be just the same. Substitutes towards the close of a war become good

soldiers. I know that substitutes are objected to by some gentlemen,

they wish every man to stand in his own place, all to stand on the

same footing. In my humble opinion this would be bad policy, because

all men have not the same gifts. Some cannot fight, from religious

principles--others cannot fight for the want of nerve. The bill has made

provision for such, if they cannot fight let them furnish a substitute.

We know all men are not gifted alike: the strength of some lies in one

way, and in others another; Samson’s lay in his hair. Now on this floor,

some gentlemen of strong minds, who think a great deal, never talk; while

some who talk incessantly, appear never to think at all. It certainly

would be a great economizing of public time and money, for some to think

more and talk less. I am not in the habit of public speaking, not being

mechanically bred to it; I nevertheless offer my mite in support of

the proposed system. It is a great project; and although not fluent of

speech, yet I am willing to be tested by my votes and actions, from the

year 1776, the time I commenced my political career, to the present day;

and I defy any man to say that I ever gave other than a republican vote,

or did any other than a republican act, while acting as a public man. I

know the word republican is with some a hackneyed word; but I mean the

true electric principles of Republican Government. I went young into

the army myself, I was never out of it, after I entered it, until the

conclusion of the war. I have been thirty-two years in public life. I

mention this to show that I am entitled to claim a knowledge of mankind.

You may exercise your militia from the age of eighteen, till they arrive

at forty-five, and after the whole twenty-seven years mustering they will

not know the manual. My object is not to call out any man until he is

wanted; and when they are wanted, to call them out, and in one fortnight

they will be ready for service, and in a month may take the field,

already soldiers--comparatively speaking. There will attend this system

no expense in time of peace. I have seen a number of projects for taking

legions into camp for six months at a time. The project will not do.

When you take your men to the field, let them think of nothing else but

fighting--not even of women. These half-way soldiers, half regulars and

half militia, would be of no account. They would be a heterogeneous mass,

fit for neither the one thing nor the other.[56]

WEDNESDAY, January 20.

_General Wilkinson._

Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16) · 第 193 / 232 题