Yeas.—Isaac Anderson, David Bard, Burwell Bassett, George M. Bedinger, William Blackledge, John Blake, jun., Thomas Blount, Robert Brown, William Butler, Levi Casey, John Claiborne, Christopher Clark, Joseph Clay, Matthew Clay, John Clopton, Frederick Conrad, John Dawson, Elias Earle, John W. Eppes, James M. Garnett, Peterson Goodwyn, Edwin Gray, Andrew Gregg, Silas Halsey, John Hamilton, David Holmes, Walter Jones, Thomas Kenan, Michael Leib, Duncan McFarland, Robert Marion, Josiah Masters, Nicholas R. Moore, Thomas Moore, John Morrow, Gurdon S. Mumford, Roger Nelson, Thomas Newton, jun., Gideon Olin, John Pugh, John Randolph, Thomas M. Randolph, John Rea of Pennsylvania, Jacob Richards, Thomas Sammons, Thomas Sanford, Ebenezer Seaver, James Sloan, John Smilie, John Smith, Samuel Smith, Henry Southard, Thomas Spalding, Richard Stanford, Philip R. Thompson, Abram Trigg, John Whitehill, Robert Whitehill, David R. Williams, Alexander Wilson, Richard Wynn, and Joseph Winston.Nays.—Willis Alston, jun., Joseph Barker, Silas Betton, Barnabas Bidwell, John Campbell, John Chandler, Martin Chittenden, Orchard Cook, Jacob Crowninshield, Richard Cutts, Samuel W. Dana, Ezra Darby, John Davenport, jun., William Dickson, James Elliot, Caleb Ellis, Ebenezer Elmer, William Ely, William Findlay, James Fisk, John Fowler, Isaiah L. Green, Seth Hastings, William Helms, David Hough, John G. Jackson, James Kelly, Joseph Lewis, jun., Matthew Lyon, William McCreery, Jeremiah Morrow, Jonathan O. Mosely, Jeremiah Nelson, Timothy Pitkin, jun., Josiah Quincy, John Russell, Peter Sailly, Martin G. Schuneman, John Cotton Smith, Joseph Stanton, William Stedman, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, Samuel Tenney, David Thomas, Thomas W. Thompson, Uri Tracy, Killian K. Van Rensselaer, Joseph B. Varnum, Peleg Wadsworth, Eliphalet Wickes, Marmaduke Williams, and Nathan Williams.
Yeas.—Isaac Anderson, David Bard, Burwell Bassett, George M. Bedinger, William Blackledge, John Blake, jun., Thomas Blount, Robert Brown, William Butler, Levi Casey, John Claiborne, Christopher Clark, Joseph Clay, Matthew Clay, John Clopton, Frederick Conrad, John Dawson, Elias Earle, John W. Eppes, James M. Garnett, Peterson Goodwyn, Edwin Gray, Andrew Gregg, Silas Halsey, John Hamilton, David Holmes, Walter Jones, Thomas Kenan, Michael Leib, Duncan McFarland, Robert Marion, Josiah Masters, Nicholas R. Moore, Thomas Moore, John Morrow, Gurdon S. Mumford, Roger Nelson, Thomas Newton, jun., Gideon Olin, John Pugh, John Randolph, Thomas M. Randolph, John Rea of Pennsylvania, Jacob Richards, Thomas Sammons, Thomas Sanford, Ebenezer Seaver, James Sloan, John Smilie, John Smith, Samuel Smith, Henry Southard, Thomas Spalding, Richard Stanford, Philip R. Thompson, Abram Trigg, John Whitehill, Robert Whitehill, David R. Williams, Alexander Wilson, Richard Wynn, and Joseph Winston.
Nays.—Willis Alston, jun., Joseph Barker, Silas Betton, Barnabas Bidwell, John Campbell, John Chandler, Martin Chittenden, Orchard Cook, Jacob Crowninshield, Richard Cutts, Samuel W. Dana, Ezra Darby, John Davenport, jun., William Dickson, James Elliot, Caleb Ellis, Ebenezer Elmer, William Ely, William Findlay, James Fisk, John Fowler, Isaiah L. Green, Seth Hastings, William Helms, David Hough, John G. Jackson, James Kelly, Joseph Lewis, jun., Matthew Lyon, William McCreery, Jeremiah Morrow, Jonathan O. Mosely, Jeremiah Nelson, Timothy Pitkin, jun., Josiah Quincy, John Russell, Peter Sailly, Martin G. Schuneman, John Cotton Smith, Joseph Stanton, William Stedman, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, Samuel Tenney, David Thomas, Thomas W. Thompson, Uri Tracy, Killian K. Van Rensselaer, Joseph B. Varnum, Peleg Wadsworth, Eliphalet Wickes, Marmaduke Williams, and Nathan Williams.
So the bill was rejected.
Mr.J. Randolphmoved that the House adjourn. He said that a few days ago the House had adjourned on account of the death of General Jackson. He hoped they would now adjourn on account of his resurrection. For he had told him, that if he could give a death-blow to the Yazoo business he should die in peace. Adjourned, yeas 58.
On motion of Mr.John Randolph, the House took up the report of the Committee of the Whole on sundry resolutions agreed to by them on the 28th ultimo. When the question was put on concurring in the report of the Committee of the Whole in their agreement to the second resolution as follows:
2.Resolved, That the union of a plurality of offices in the person of a single individual, but more especially in the military with the civil authority, is repugnant to the spirit of the Constitution of the United States, and tends to the introducing of an arbitrary Government:
2.Resolved, That the union of a plurality of offices in the person of a single individual, but more especially in the military with the civil authority, is repugnant to the spirit of the Constitution of the United States, and tends to the introducing of an arbitrary Government:
Mr.Bidwellsaid he would very concisely assign his reasons for voting against this resolution. It declares that “the union of a plurality of offices in the person of a single individual, but more especially of the military with the civil authority, is repugnant to the spirit of the Constitution of the United States, and tends to the introducing of an arbitrary Government.” It appeared to him that this was not a correct declaration. If the constitution itself be referred to, it will appear that it recognizes a union of civil and military offices in the same person. Such a union is to be found in the First Magistrate of the United States, who exercises the highest Executive civil functions, and is at the same time Commander-in-Chief of the Army and Navy, and of the militia while in actual service. The same principle pervaded the constitution, he believed, of every State. There was also a union of civil and military authority in several offices, by acts of Congress. This was the case with the marshals in certain cases, and officers who are charged with the superintendence of Territorial affairs. If it were proper, said Mr. B., as I do not think it is, by a vote of this House, to undertake to define the constitution, it still appears to me that we cannot consistently say that the union of a plurality of offices in the person of a single individual, but more especially of the military with the civil authority, is repugnant to the spirit of the Constitution of the United States. A declaration of that kind would be a vote of censure on the people of the whole United States, for having adopted the Federal Constitution, on the people of the several States, for having adopted their constitutions, and on the Legislature under both Governments, for having passed laws which authorized such a union.
Mr.J. Claysaid, the objections of the gentleman arose from not having properly considered the nature of the union of civil and military office in the First Magistrate. By the constitution, the military was placed in strict subordination to the civil power. For this reason the President of the United States had placed under his control all the officers of the Army and Navy. The union contemplated in the resolution before you, said Mr. C., is that which gives the actual discharge of civil powers to an officer who has actual command of your army. I ask if it was ever in the contemplation of the constitution, that the President should in person head your armies and command your fleets? I believe not. There exists in one of the Territories such a union as is contemplated in the resolution. In Louisiana a person holding the office of Governor, is at the same time Commander-in-chief of the Army of the United States, in virtue of his appointment of Brigadier-General. Will any man pretend to say that a union of offices, such as these, the discharge of whose duties is incompatible, is such a union as is contemplated in the constitution? No; the union in the constitution was only intended to give the President a control over the Army and Navy; while this resolution contemplates the positive and actual union of powers in the same person, powers which at the same time he may be called upon to exercise at different and distant places. To separate these powers is the object of the resolution. I hope the resolution will be agreed to, and the separation take place.
Mr.J. Randolph.—My friend from Pennsylvania has left me little to say on the question, and indeed I have heard nothing in the shape of argument, or assertion, but what I was prepared to hear, and of which I apprised the House some time ago. It has come out at last from the lips of a man who has prided himself upon being the champion of the Constitution of the United States to-day, although but a few days ago he threatened us with a dissolution of the Union, that the constitution has no spirit in it. He calls on any man to lay his finger on that spirit. What does the Constitution of the United States say? Does it not guarantee to each State a Republican form of Government? Is there no spirit in this? Is not the constitution then devised under the influence of a Republican spirit, for the benefit of the people who are governed by it, and not for the exclusive benefit of those who administer it? Will any man pretend to say that a Republic is any thing or nothing? And that it is congenial to such a Government that the civil and military authority should be vested in the same hands? Is it not of the very essence of such a Government that the military should be kept in strict subordination to the civil power? And have not your laws, which give to marshals in certain cases a power over the military, been passed to keep the military under such subjection? How is the military to be kept in such subjection, when, according to the usage of the Romans, the leader of an army is the Governor of a province? If the constitution has no spirit in it, it is a dead, lifeless thing, not worth the protection of any man of sense. But I am happy that it has a spirit, which I trust will save this nation, even if its letter shall be killed.
Mr.Quincysaid he would merely observe, that, though it were true that a union of civil and military offices in the same person wasrepugnant to the spirit of the constitution, it was not true that a union of different offices in the same person was repugnant to it. They had to-day united two offices in the same person, in the bill relative to the Territory of Michigan. They had heretofore constituted several of the officers of the Government Commissioners of the Sinking Fund. He could see nothing in the constitution which interfered with a plurality of offices, which in many instances was attended with great practical benefit. As there was therefore in the constitution nothing explicit against this union, he could not vote for the resolution.
Mr.Greggsaid he believed it was contrary to the spirit of the constitution, that civil and military offices should be united in the same person; but, he would ask, what benefit would result from such a declaration? The power of appointing to office was vested in the President and Senate, who were sworn to support the constitution. They were, therefore, the judges of the powers with which they were invested. In the exercise of this power, they have actually declared that they do possess it. What does this resolution amount to? If they undertook to declare the President guilty of such a flagrant act as involved a violation of the constitution, it was their business to impeach him. Mr. G. said, as he could see no good likely to arise from this resolution, he should not vote for it. The practice it referred to was not new, though he had always thought it wrong. He recollected, that, some years since, the Governor of the North-western Territory was likewise Superintendent of Indian Affairs and Commander-in-chief of the Army, for all which appointments he drew pay, though no notice had been taken of it. Other instances of the same kind might be pointed out. He did believe this union was contrary to the spirit of the constitution—to the true spirit of a Republican Government—and if the gentleman from Virginia would bring forward an amendment to the constitution to prohibit such a union, he would vote for it.
Mr.J. Randolph.—Six years ago, there could not have been a doubt of the right of this House to pass this resolution—now, the right is disputed. Have we not a right to pass a resolution referring to the constitution, in order to bring in a law grounded on it? Do we not do this every day? One word as to the appointment of General Wilkinson. Gentlemen are fond of sheltering themselves behind great names. I have no hesitation in saying I think the Executive was wrong in making that appointment. I have no hesitation in saying so here, though gentlemen who join me out of doors are reluctant to make the same declaration on this floor. I do not think, however, the persons who made the appointment as reprehensible as the persons at whose importunate solicitation it was made. I believe that a man of good sense, and of upright intentions, may be induced to do that which his own judgment will afterwards condemn. It is well known, that the ante-chambers of our great men were crowded with applicants for offices in Louisiana. I have understood that for every office there were at least one hundred and fifty applications. Thus much for the idea which has been thrown out of the existence of a scarcity of characters to supply these offices.
Mr.Varnumconsidered the resolution as going too far, and said it was a very common thing for two offices to be united in one man. It had been usual to unite the diplomatic character with the military command in our intercourse with the Indians, and a diplomatic character had likewise been given to our naval commander in the Mediterranean. Instances of a plurality of offices in one person were very numerous. If there existed, at present, any case, in which such a union was incompatible with the discharge of official duties, he hoped it would be pointed out; whether there was or was not, he could not say. But where did the responsibility for such appointments lie? Not that House, but the other branch of the Legislature was responsible; for the correct discharge of whose duties they were accountable to the people. Where, then, was the propriety of an interference by the House? If the President made an appointment against the spirit of the constitution, the people would know it. Was it presumable that if a law was to pass this House, predicated on the resolution under consideration, the other branch of the Legislature would agree to it, after having sanctioned the appointments at which it is levelled? Was this House to sit as a court of censure? The constitution did not delegate such a power. Our very laws, in various cases, direct the union of office prescribed by the resolution. Ought we not, then, in the first place, to repeal those laws before we pass a resolution in direct hostility to them?
Mr. V. said, he had no hesitation to observe, that the military and civil office should, in general, be kept distinct; but he believed there were cases where it was necessary. He was perfectly willing to leave the responsibility where the constitution had placed it—in the hands of the President and Senate. With regard to the union of the military office in the cases alluded to, he would not undertake to say whether it was proper or not. He could readily, however, conceive, that the union arose from the most correct motive, as the country was a frontier, which might be menaced with danger, and which might require the united exercise of the military and civil authority to repel it.
Mr.J. Claysaid he would ask whether the ordinary union of military and civil powers in the Governors of the Territories was such as that contemplated in the resolution? The case of the Governor of Louisiana had been alluded to, where the same person, he believed, received the pay of Governor and Brigadier. Is that the case with the other Governors? Hebelieved gentlemen would not say that it was necessary that the Governor of New Orleans should be a brigadier-general in the army; and yet they allowed that to be the most vulnerable point on the frontier. If, then, they say that the union is necessary in one case, they will admit that it ought to be in the other.
Mr.Leibsaid that, viewing the resolution as an abstract proposition, he had no objection to giving it his support; but if it was intended as a side attack upon the Administration, he was not prepared to vote for it. Before he was prepared to act on it under this view, he wished for facts which were not before the House. He, therefore, moved a postponement of the resolution till Monday.
The motion to postpone was lost.
The question was then taken on agreeing to the resolution, and decided in the negative—yeas 31, nays 81.
Mr.Bassettpresented to the House a petition of Amelia Eugene Beaumarchais, heiress and representative of the late Caron de Beaumarchais, deceased, by J. A. Chevallie, her attorney, which was received and read, praying to be relieved from an unfavorable settlement at the Treasury of the United States, of the accounts of the deceased, for supplies furnished, and services rendered to the United States, during the Revolutionary war with Great Britain.
Ordered, That the said petition be referred to the Committee of Claims.
Mr.Jacksoncalled for the order of the day, on the report of the Committee of Commerce and Manufactures, on the petition of sundry inhabitants of Charlestown, in Virginia, praying that that place should be made a port of entry.
Mr.Leibmoved an indefinite postponement of the report.
Mr.Jacksonopposed this motion, and spoke at some length in favor of the constitutional right of the petitioners to be allowed a port of entry.
Mr.Crowninshield, though against postponement and in favor of discussing the principle, contested the right.
Mr.Leibwithdrew his motion; when the motion to consider the report was disagreed to—only 13 members rising in favor of it.
The House took up the unfinished business of yesterday, being the report of the Committee of the Whole, agreeing to the following resolution, offered by Mr.J. Randolph:
3d.Resolved, That provision ought to be made, by law, to render any officer in the Army or Navy of the United States incapable of holding any civil office under the United States.
3d.Resolved, That provision ought to be made, by law, to render any officer in the Army or Navy of the United States incapable of holding any civil office under the United States.
Mr.Fiskmoved to postpone this resolution indefinitely.
This motion was supported by Messrs.Fisk,Elmer, andCook; and opposed by Messrs. J.Clay,J. Randolph, andJ. C. Smith.
When the question was taken by yeas and nays, and the motion disagreed to—yeas 43, nays 72.
The question was then taken that the House do agree with the Committee of the whole House in their agreement to the said resolution, and resolved in the affirmative—yeas 94, nays 21, as follows:
Yeas.—Willis Alston, jun., Isaac Anderson, David Bard, Burwell Bassett, George M. Bedinger, Silas Betton, William Blackledge, John Blake, junior, Thomas Blount, Robert Brown, William Butler, John Campbell, Levi Casey, Martin Chittenden, John Claiborne, Christopher Clark, Joseph Clay, Matthew Clay, John Clopton, Frederick Conrad, Leonard Covington, John Dawson, William Dickson, Elias Earle, Peter Early, James Elliot, Caleb Ellis, William Ely, John W. Eppes, William Findlay, James Fisk, James M. Garnett, Peterson Goodwyn, Edwin Gray, Andrew Gregg, Silas Halsey, John Hamilton, Seth Hastings, David Holmes, David Hough, John G. Jackson, Walter Jones, Thomas Kenan, John Lambert, Michael Leib, Joseph Lewis, junior, Duncan MacFarland, Robert Marion, Josiah Masters, Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, John Morrow, Jonathan O. Mosely, Gurdon S. Mumford, Thomas Newton, junior, Gideon Olin, Timothy Pitkin, jun., John Pugh, Josiah Quincy, John Randolph, Thomas M. Randolph, John Rea of Pennsylvania, Jacob Richards, Peter Sailly, Thomas Sammons, Thomas Sanford, Martin G. Schuneman, John Smilie, John Cotton Smith, John Smith, Samuel Smith, Thomas Spalding, Richard Stanford, Joseph Stanton, William Stedman, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, Samuel Tenney, David Thomas, Philip R. Thompson, Thomas W. Thompson, Uri Tracy, Abram Trigg, Killian K. Van Rensselaer, Peleg Wadsworth, Robert Whitehill, David R. Williams, Marmaduke Williams, Nathan Williams, Alexander Wilson, Richard Wynn, and Joseph Winston.Nays.—Evan Alexander, Joseph Barker, Barnabas Bidwell, John Chandler, Orchard Cook, Jacob Crowninshield, Richard Cutts, Ezra Darby, John Davenport, junior, Ebenezer Elmer, Isaiah L. Green, James Kelly, William McCreery, Roger Nelson, John Rhea of Tennessee, John Russell, Ebenezer Seaver, James Sloan, Joseph B. Varnum, John Whitehill, and Eliphalet Wickes.
Yeas.—Willis Alston, jun., Isaac Anderson, David Bard, Burwell Bassett, George M. Bedinger, Silas Betton, William Blackledge, John Blake, junior, Thomas Blount, Robert Brown, William Butler, John Campbell, Levi Casey, Martin Chittenden, John Claiborne, Christopher Clark, Joseph Clay, Matthew Clay, John Clopton, Frederick Conrad, Leonard Covington, John Dawson, William Dickson, Elias Earle, Peter Early, James Elliot, Caleb Ellis, William Ely, John W. Eppes, William Findlay, James Fisk, James M. Garnett, Peterson Goodwyn, Edwin Gray, Andrew Gregg, Silas Halsey, John Hamilton, Seth Hastings, David Holmes, David Hough, John G. Jackson, Walter Jones, Thomas Kenan, John Lambert, Michael Leib, Joseph Lewis, junior, Duncan MacFarland, Robert Marion, Josiah Masters, Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, John Morrow, Jonathan O. Mosely, Gurdon S. Mumford, Thomas Newton, junior, Gideon Olin, Timothy Pitkin, jun., John Pugh, Josiah Quincy, John Randolph, Thomas M. Randolph, John Rea of Pennsylvania, Jacob Richards, Peter Sailly, Thomas Sammons, Thomas Sanford, Martin G. Schuneman, John Smilie, John Cotton Smith, John Smith, Samuel Smith, Thomas Spalding, Richard Stanford, Joseph Stanton, William Stedman, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, Samuel Tenney, David Thomas, Philip R. Thompson, Thomas W. Thompson, Uri Tracy, Abram Trigg, Killian K. Van Rensselaer, Peleg Wadsworth, Robert Whitehill, David R. Williams, Marmaduke Williams, Nathan Williams, Alexander Wilson, Richard Wynn, and Joseph Winston.
Nays.—Evan Alexander, Joseph Barker, Barnabas Bidwell, John Chandler, Orchard Cook, Jacob Crowninshield, Richard Cutts, Ezra Darby, John Davenport, junior, Ebenezer Elmer, Isaiah L. Green, James Kelly, William McCreery, Roger Nelson, John Rhea of Tennessee, John Russell, Ebenezer Seaver, James Sloan, Joseph B. Varnum, John Whitehill, and Eliphalet Wickes.
Ordered, That a bill, or bills, be brought, in pursuant to the said resolution; and that Mr.John Randolph, Mr.David R. Williams, and Mr.John C. Smith, do prepare and bring in the same.
Mr.John Randolph, from the committee appointed on the second instant, presented a bill to prohibit officers of the Army and Navy from holding or exercising any civil office; which was read twice, and committed to a Committee of the Whole to-morrow.
On motion of Mr.Early,
“Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the Senate and the Speaker of the House of Representatives be, and they are hereby, authorized to adjourn their respective Houses on Wednesday, the sixteenth of April instant.”
“Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the Senate and the Speaker of the House of Representatives be, and they are hereby, authorized to adjourn their respective Houses on Wednesday, the sixteenth of April instant.”
Ordered, That the Clerk of this House do carry the said resolution to the Senate, and desire their concurrence.
The House resolved itself into a Committee of the Whole, on the bill making appropriations for the support of the Navy of the United States, during the year one thousand eight hundred and six.
The bill was read by sections.
TheChairmanhaving read that part of the bill which makes an appropriation “for repair of vessels, store rent, pay of armorers, freight, and other contingent expenses,”[37]
Mr.J. Randolphmoved to fill the blank with $411,950.
Mr.D. R. Williamsmoved to strike out the words “and other contingent expenses.” He said he made this motion with a view of ascertaining for what objects these contingent expenses were intended to provide. He would ask the Chairman of the Committee of Ways and Means for information on this point. He believed the sum contemplated to be appropriated unnecessarily large.
Mr.J. Randolphsaid the gentleman had asked for information which it was not in his power to give. He was as much in the dark as the gentleman as to the items of contingent expenditure; and he should not have moved to fill this blank with so large a sum, but from the conviction that whether they provided the money or not, it would be spent, and an additional appropriation be made the next session. Mr. R. said he viewed an appropriation bill, under present circumstances, a mere matter of form; he believed also all the items of appropriation might as well be lumped together, and it might be declared that a million of dollars were appropriated. Had he been governed by his own opinion, instead of the forms which had been observed, he would have been in favor of drafting the bill in this way, for this reason: If the expenditures of the Navy exceeded this sum by $600,000 there was no doubt the next Congress would make good the deficiency without any inquiry. He believed this, as what had taken place once might take place again.
Mr. R. said he had addressed a note to the head of the department, stating that on such a day the Committee of Ways and Means wished the appropriation bill to be taken up, and expressing a desire that he would give them information of the items of contingent expenditure, as they consider the sum required unnecessarily large. He had received an answer to this effect—the Secretary said he did not think the sum too large, without entering into any explanation. Mr. R. added, gentlemen may fill the blank as they please; it will be no check on the expenditure.
The Committee divided on agreeing to the sum named by Mr.Randolph—ayes 46, noes 37.
Mr.D. R. Williamsmoved to strike out “and other contingent expenses.” He had before said that he had been impelled to make this motion from a sense of duty. This impression had been strengthened by the statement of the Chairman of the Committee of Ways and Means. He could not think it proper to make an appropriation to so large an amount, when the proper organ of the House had without success required information from the head of the department, from whom he had only received a mere opinion. He hoped the committee would agree to strike out this general appropriation, that all the items of contingent expenditure might be stated to the House, and thereby form some check on the expenditure.
Mr.Leibsaid he perceived in another part of the bill other mention made of contingent expenses. He would be glad to know what they were. The House ought to know the various items, or otherwise make a general provision for contingent expenses, and leave it to the head of the department to apply the money as he pleases.
Mr.Danasaid the first contingent appropriation was for the navy, the second for the marine corps. If striking out the proposed words would enable the committee to obtain the information sought, he should vote for the motion. He had no objection to voting liberally for a navy; but he thought the Legislature ought to be well informed, as they would otherwise scarcely discharge their duty to their constituents.
The motion of Mr.Williams, to strike out “and other contingent expenses,” was disagreed to—ayes 32.
Mr.J. Randolphmoved to strike out that part of the bill making an appropriation “for completing the marine barracks at the city of Washington.” Mr. R. said this object appeared to require a standing appropriation; and, though the building was finite, the appropriation appeared to be infinite.
Motion agreed to—ayes 66.
The committee rose and reported the bill.The House having taken the report of the committee into consideration,
Mr.D. R. Williams, called for the reading of the document, stating the annual expenditures on the Navy, by which it appeared that the expenditures had been as follows:
Mr. D. R. W. renewed his motion to strike out “and other contingent expenses.” He thought the House ought, under existing circumstances, to show a disposition to economize, and to curtail the expenses of the Navy. What is the necessity for this expenditure? Why, the Constitution is in the mud, and the President[38]on her beam ends! Thirteen millions and a half have been already expended, and it is now proposed to add $411,000 for contingent expenses. In making this motion I have no object but to confine the Navy Department to proper expenses; but let them first state what they are.
TheSpeakerobserved that this motion could not be received until the amendments of the committee had been acted upon.
Mr. D. R. Williamsmoved to strike out “for ordnance $50,000,”[39]He did not perceive the use of this appropriation. No gentlemen accustomed to travel, but must have seen the unprotected state of the ordnance; look at the Turk’s house, you will there see it lying exposed. To his knowledge it was in many other instances in the same situation.
This motion was lost—ayes 33.
The amendment of the committee to fill the blank with “$50,000,” was agreed to, without a division.
Mr.Eppesoffered a proviso declaring that a larger sum than $30,000 shall not be expended on the repairs of any one frigate.
Mr.J. Randolph.—I shall vote against this motion on the same principle that I voted to fill the blank relative to contingent expenses, with $411,000. If we cannot restrain the expenditures of the Navy Department within the sum annually fixed, after giving as much as is asked for, is it not the idlest thing to attempt to restrain them by giving less? The principle on which I voted for filling that blank was this: To give to the Navy Department what it asks, that if, at the end of the year, more shall be expended, the blame may fall on the shoulders of the Secretary, and not on us. The sum appropriated for contingent expenses amounts to $411,000; this is not the half, but it is more than a third of the whole sum appropriated, and it may be expended on repairs or any other item of contingent expenditure. It is enormous. But withhold the appropriation, and where are you? The expense may be incurred, and the Government called on to make good the deficiency; and there the business will end.
With regard to the sum requisite for the repair of a frigate, her situation between this and the next year cannot be foreseen. The Secretary may have estimated $30,000 as sufficient to repair any one frigate as they now stand; but they may be placed in such a condition as to require a much larger sum. But I am against the amendment, said Mr. R., not only for these, but for other reasons. I will never consent to legislate in such a way as to make it appear that we did legislate intelligently, when in fact we do not. If I can be satisfied that $30,000 will be sufficient for the repair of a frigate, I may be induced to vote for it. But even this would be unnecessary. For, after all, the business must be confided to the Head of the Department; and he will be a better judge of the sum required for the repair of a vessel than we are. If he cannot be trusted, we ought, in my opinion, either to refuse the appropriation altogether, or take a very different step from that now proposed. For these reasons I am unwilling to appear to act understandingly on a subject which I know nothing about.
Mr.Eppes.—When I made this motion, it was under the impression that what is correct in private, is also correct in public conduct. We know that, when a vessel owned by a merchant gets in a certain state, it is more advisable to sell than to repair her. I do not know whether I have fixed the proper sum. All I wish to try is, whether the United States are disposed to repair at all events their frigates, whatever their state may be, or limit the sum, after expending which they shall be abandoned. I confess, however, that I am not anxious on this point. I merely wish to try the sense of the House.
On agreeing to Mr. E.’s motion, the House divided—ayes 38, noes 57.
Mr.D. R. Williams.—The curtailing Navy expenses may be unpopular, but I conceive it to be right. For that purpose I will renew the motion I offered in committee. I am of opinion that all the expenditures of this department should pass in review before the House. When I first came to Washington, I went to the navy yard. I there saw an elegant building going on. I inquired under what appropriation this was authorized, and was answered, under the appropriation for contingent expenses. I remarked other expenditures, and received the same information. These expenditures may beall proper; but I think that every gentleman on this floor ought to be enabled to tell his constituents how the public money is expended. Talk to them of contingencies, and they will understand as little of the term as of land in the moon. Mr. W. concluded by moving to strike out “and other contingent expenses,” and calling the yeas and nays.
Mr.Smiliesaid that no gentleman would censure him for attachment to the Navy. He never had been, nor was he now attached to a Navy. But the situation in which they were placed was well known. If there was time, he should be glad to have every item of expenditure produced by the proper officer, that they might know how to act. He was fully aware that, in the Navy Department, it was more difficult to anticipate the expenses than in any other. Though, therefore, he was no friend to a Navy, as it had not been thought proper to abandon the establishment, he considered it right to make such grants as were necessary for its support. If it was early in the session, or if he thought it possible to get the information, he should vote for calling for it. But as they were reduced to the necessity of saying at once whether they would, or would not support the Navy, he should be in favor of making this grant.
The yeas and nays having been taken on Mr.D. R. Williams’s motion, were—yeas 25, nays 86.
Mr.D. R. Williamsmoved to recommit the bill to a Committee of the Whole, with the view of obtaining information from the Secretary of the Navy before it was definitively acted on.
The motion was disagreed to—ayes 41, noes 56; when the bill was ordered to be engrossed for a third reading without a division.
The motion to read the bill a third time on Saturday was carried—ayes 55, when the following motion, made by Mr.D. R. Williams, was agreed to without a division:
Resolved, That the Secretary of the Navy be directed to lay before this House an estimate of the respective sums necessary to be appropriated for repair of vessels, store rent, pay of armorers, freight, and contingent expenses of the Navy for the year 1806.
Resolved, That the Secretary of the Navy be directed to lay before this House an estimate of the respective sums necessary to be appropriated for repair of vessels, store rent, pay of armorers, freight, and contingent expenses of the Navy for the year 1806.
The bill to prohibit officers of the Army and Navy of the United States from holding or exercising any civil office, was read a third time.
Mr.Greggsaid he never found himself involved in greater difficulty. He was in favor of the principle involved in the bill, and yet he could not vote for its passage. He believed that it was a correct principle that civil and military offices should be kept distinct, and he wished the constitution had prohibited the union. In relation to the individual on whom it was mentioned yesterday this law was to operate, he was satisfied it would be best if he could be removed from one of the offices he held; and if such a course had been pursued, he should have been in favor of destroying the office of brigadier-general to get rid of the officer. The effect of this resolution would be to take from a man an office which he held under the constitution. This power they did not possess. The only constitutional way to effect the object was to destroy the office. He would agree likewise to amend the constitution, so as to declare the union of civil and military office incompatible, or to a law providing that after a certain time no person should hold two such offices; and he should, if practicable, be for doing away the office of Governor of Louisiana, because he believed the person holding that office was, by his course of proceedings, producing a disturbance in the Territory. But although he entertained a favorable opinion of the principle of the bill, and would wish to remove that gentleman from one of the offices he held, yet he must vote against the bill, as it went to the unconstitutional removal of an officer.
Mr.Smiliethought the passage of this bill involved a principle of a very serious nature. As to the abstract principle involved in the bill, he did not dispute its correctness, or that it ought to have been a part of the constitution. But the question was, whether they had a right by a legislative act, to prejudice any other branch of the Government. They were not in his opinion warranted in travelling out of their own sphere to remove existing evils. There was but one way in which the constitution provided for the removal of a public officer. It says “the President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.” Here was the true and only sphere in which the House could move. If the constitution did not give the right of removal in any other way, it did not exist; and if they undertook by a legislative act to remove a man constitutionally appointed, who would pretend to say what mischief might not result from it? For these reasons he should vote against the bill.
Mr.Quincysaid it appeared to him that one of the arguments urged by gentlemen against this bill was fallacious—that which considered it an invasion of the rights of the Executive. This argument went on the assumption that the President would necessarily sign the bill sent to him, which might or might not be the fact. If he accedes to it, the argument of gentlemen falls to the ground; and if it shall be returned, it will then be time enough to discuss the constitutional principle. With regard to the general expediency of passing such a bill, the strongest arguments would be found in favor of it on the page of history. If history proved any thing, it was that the condition of those was most degraded who lived under the colonial governments ofRepublics. This was amply proved by the annals of the Carthaginian and Roman Republics. The territory under contemplation was a kind of colonial government, and might in the course of time be a powerful engine in the hands of the Executive. He wished, therefore, for a separation of the civil and military powers which might arise under it.
Mr.Smiliesaid if the question was what was most convenient or best, he should have no difficulty in agreeing with the gentleman from Massachusetts. But it rested on higher ground—on what was constitutional. If he had a right to make the constitution, he would have no hesitation in separating the civil and military powers. But he could not forget the occurrences which had taken place in the State he had the honor to represent in part. In that State there had been but a single branch of the Legislature without any Executive veto on the passage of the laws. He had seen that Government destroyed by sweeping away the Executive power before the irresistible authority of the Legislature, and he had seen the people obliged, from this circumstance, to give up that constitution and frame a new one. The measure under consideration was of the same kind. The constitutional powers of the Executive ought not to be encroached upon, unless the object was to produce confusion. He had seen the effects of such measures, and deprecated them. You may, said Mr. S., abolish the office, and the officer falls with it; but in no other way, while the office continues, can you remove the officer except by impeachment. Shall we, then, in order to get rid of a man who may not have done right (and as for myself I am ready to answer I have no affection for the man) go into a new scene, the length of which we cannot foresee? This principle once established may lead to any thing; it may lead to a destruction of the powers of the Executive altogether. I am as tenacious of the powers of the Legislature as any man, but I believe the powers of the Executive to be equally necessary. Indeed, I think there is more danger to be apprehended from the overwhelming power of the Legislature, than from the powers of the Executive. For the Legislature is so powerful that there can be little danger of the Executive encroaching upon it.
Mr.Eppes.—If I took the same view of the operation of this law with the gentleman from Pennsylvania, I should certainly give it my negative. As, however, I voted for the resolution on which it is founded, and consider the law in conformity with the resolution, I will assign, in a few words, the reasons which will govern my vote.
We have been told that all the departments of Government are independent of each other. No man denies the correctness of this principle. Let us not interfere with the constitutional rights of the other departments, nor abandon our own. The Executive has by the constitution the right of nominating for office any citizen of the United States, whether an officer of the Army and Navy, or not. This being a constitutional right, he certainly cannot be deprived of it by law; the right remains, and may be exercised if the law passes; the law merely severs the civil and military offices, and leaves the military officer to decide whether he will vacate his military command by holding or accepting a civil office; the Executive will have the same right to appoint—the individual will have the same right to accept the civil office as heretofore, but the acceptance vacates his command in the Army or Navy. If, then, the Executive right to appoint, and the right of the officer to accept, remains after the passage of this law, how can gentlemen contend that the constitutional right of appointment is narrowed? All the difficulty on the present occasion arises from the law being made to bear on the constitutional right of appointment. It is intended to operate only on offices in the Army or Navy which are created by law, to the tenure of which we may annex such conditions as the public good may require. Under the constitution we have a right to prescribe rules for the government of the Army or Navy. In passing this law we add a new clause to the articles of war, viz: That an officer of the Army or Navy shall not hold or accept a civil office. Do gentlemen really suppose that we have no right to make this rule? If we can say that an officer shall not get drunk, that he shall have short hair, a coat of a certain form; that he shall not absent himself from his duty; or if we can in fact annex any other condition calculated to ensure to the public his services, why may we not declare by law that he shall not hold or accept a civil office, he shall forfeit his military command? The public welfare is the basis of the rules for the government of the Army and Navy; we have a right to prescribe such rules as the public good requires, and it is our duty to establish such as will ensure to us the services of our military officers in that station to which they are appointed.
But we are told we are about to remove from office a civil officer by law. The gentleman from Pennsylvania has read the clause of the constitution which provides for the removal of civil officers by impeachment. This law is not to operate on civil but on military officers; civil officers, it is true, are removed by impeachment—military officers by such forms as we think proper to prescribe by law; the operation of this law will be precisely the same with any other new rule prescribed for the government of the Army or Navy. Suppose we were to pass a law that any officer found drunk after the 1st of July next shall forfeit his office—his having been drunk before would not subject him to the penalty of the law—but his being drunk after the first of July next would deprive him of his office. Apply this to the case of a civil officer. An officer of the Army or Navy having accepted a civil office, or holding a civil office, does not at present vacate his military office; the reason is obvious—there is no lawagainst it. If, however, after the first of July next, he accepts or continues to hold a civil office, he forfeits his military command under the new article of war which this law establishes. The law severs the two offices, declares them incompatible with each other, and leaves the individual free to make his election. As to the general principle that the civil and military ought to be separate and distinct, I have no doubt. If the principle is correct, the law ought to extend to all cases, not only such as may hereafter arise, but to those which at present exist.
Mr.Stanfordsupported, and Messrs.FindlayandSloanopposed the bill; when the question was taken by yeas and nays on the passage of the bill—yeas 64, nays 34, as follows:
Yeas.—Willis Alston, Isaac Anderson, Burwell Bassett, George M. Bedinger, Silas Betton, John Blake, jr., Thomas Blount, William Butler, Levi Casey, John Claiborne, Christopher Clark, Joseph Clay, Matthew Clay, John Dawson, Elias Earle, Peter Early, James Elliot, Caleb Ellis, William Ely, John W. Eppes, James M. Garnett, Peterson Goodwyn, Edwin Gray, Seth Hastings, David Holmes, John G. Jackson, Walter Jones, Michael Leib, Matthew Lyon, Duncan McFarland, Robert Marion, Josiah Masters, Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, John Morrow, Gurdon S. Mumford, Thomas Newton, jr., Gideon Olin, Josiah Quincy, John Randolph, Thomas M. Randolph, John Rea of Pennsylvania, Jacob Richards, Thomas Sammons, Thomas Sanford, Martin G. Schuneman, John Cotton Smith, John Smith, Samuel Smith, Thomas Spalding, Richard Stanford, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, Philip R. Thompson, Thomas W. Thompson, Uri Tracy, Abram Trigg, Robert Whitehill, David R. Williams, Alexander Wilson, Richard Wynn, and Joseph Winston.Nays.—David Bard, Joseph Barker, Barnabas Bidwell, John Chandler, Jacob Crowninshield, Richard Cutts, Ezra Darby, Ebenezer Elmer, William Findlay, John Fowler, Andrew Gregg, Isaiah L. Green, James Kelly, William McCreery, Jeremiah Nelson, Timothy Pitkin, jr., John Pugh, John Rea of Tennessee, John Russell, Peter Sailly, Ebenezer Seaver, James Sloan, John Smilie, Henry Southard, Joseph Stanton, David Thomas, Philip Van Cortlandt, Killian K. Van Rensselaer, Joseph B. Varnum, Peleg Wadsworth, John Whitehill, Eliphalet Wickes, Marmaduke Williams, and Nathan Williams.
Yeas.—Willis Alston, Isaac Anderson, Burwell Bassett, George M. Bedinger, Silas Betton, John Blake, jr., Thomas Blount, William Butler, Levi Casey, John Claiborne, Christopher Clark, Joseph Clay, Matthew Clay, John Dawson, Elias Earle, Peter Early, James Elliot, Caleb Ellis, William Ely, John W. Eppes, James M. Garnett, Peterson Goodwyn, Edwin Gray, Seth Hastings, David Holmes, John G. Jackson, Walter Jones, Michael Leib, Matthew Lyon, Duncan McFarland, Robert Marion, Josiah Masters, Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, John Morrow, Gurdon S. Mumford, Thomas Newton, jr., Gideon Olin, Josiah Quincy, John Randolph, Thomas M. Randolph, John Rea of Pennsylvania, Jacob Richards, Thomas Sammons, Thomas Sanford, Martin G. Schuneman, John Cotton Smith, John Smith, Samuel Smith, Thomas Spalding, Richard Stanford, Lewis B. Sturges, Samuel Taggart, Benjamin Tallmadge, Philip R. Thompson, Thomas W. Thompson, Uri Tracy, Abram Trigg, Robert Whitehill, David R. Williams, Alexander Wilson, Richard Wynn, and Joseph Winston.
Nays.—David Bard, Joseph Barker, Barnabas Bidwell, John Chandler, Jacob Crowninshield, Richard Cutts, Ezra Darby, Ebenezer Elmer, William Findlay, John Fowler, Andrew Gregg, Isaiah L. Green, James Kelly, William McCreery, Jeremiah Nelson, Timothy Pitkin, jr., John Pugh, John Rea of Tennessee, John Russell, Peter Sailly, Ebenezer Seaver, James Sloan, John Smilie, Henry Southard, Joseph Stanton, David Thomas, Philip Van Cortlandt, Killian K. Van Rensselaer, Joseph B. Varnum, Peleg Wadsworth, John Whitehill, Eliphalet Wickes, Marmaduke Williams, and Nathan Williams.
The bill making appropriations for the support of the Navy was read the third time.
Mr.J. C. Smithmoved to recommit it, for the purpose of restoring the provision for completing the marine barracks at the city of Washington, the amount of expense attending which, he understood, had been already partly expended.
The motion to recommit the bill having obtained—yeas 54—the House went into a Committee of the Whole, Mr.J. C. Smithin the Chair.
Mr.J. Clayobserved, that since the House had agreed to strike out the provision for completing the barracks, he had understood that more money had been applied to this purpose than had been appropriated, and that it had been drawn from the private funds of one of the officers, under an understanding with the Head of the Department. He, therefore, moved to restore the item “for completing the marine barracks at the city of Washington, three thousand five hundred dollars.”
Mr.D. R. Williamssaid he should not make any objection to this motion. He would only call the attention of the House to the regard they had heretofore manifested to specific appropriations, under the hope that something would be done to circumscribe contingencies. He believed that this particular sum had been expended much to the interest of the country.
Mr.Leibsaid, he was not very fond of making appropriations in this way—for particular officers to run into unauthorized expenditures, and then to call on Congress to make good the deficiency. Is this a provision for completing the house for the commandant? Is that the marine barracks? If not, then under what appropriation is it made? Is it under that of contingencies? Look at the buildings at the navy yard; is all this expense incurred out of the contingent fund? If it is not, it is not authorized by law. Mr. L. said, he did not know that he should make any objection to this item; but he thought it full time to check this loose mode of procedure.
The question was then put, and the motion of Mr.J. Claywas agreed to without a division.
Mr.D. R. Williamssaid, he wished so to modify that part of the bill which appropriated four hundred and eleven thousand nine hundred and fifty dollars “for repair of vessels, store rent, pay of armorers, freight, and other contingent expenses,” as to separate the items; to give the Department all it asked, but fix a particular sum to each item.
Mr.Conradopposed the motion, and remarked that the expenditure under one item might fall short of the sum appropriated, which would require that the deficiency should be made up from the surplus of another.
Mr.Danasaid this amendment was warranted by the former usage of the House, and the message of the President of the United States. At the first session of the seventh Congress the President had observed that—