Page images
PDF
EPUB
[blocks in formation]

offspring of their undisturbed deliberations and of their free choice; that they have found it to bear the trials of adverse as well as prosperous circumstances; to contain, in its combination of the federate and elective principles, a reconcilement of public strength with individual liberty, of national power for the defence of national rights, with a security against wars of injustice, of ambition, and of vain glory, in the fundamental provision which subjects all questions of war to the will of the nation itself, which is to pay its cost and feel its calamities. Nor is it less a peculiar felicity of this Constitution, so dear to us all, that it is found to be capable, without losing its vital energies, of expanding itself over a spacious territory, with the increase and expansion of the community for whose benefit it was established.

SENATE.

Mr. VARNUM submitted the following motion for consideration:

Resolved, That a committee be appointed to inquire into the expediency of requiring the Directors of the Bank of the United States to establish a competent office of discount and deposite within the City of Washington, in the District of Columbia; and that they have leave to report by bill or otherwise.

The resolution authorizing Mountjoy Bayly to employ one assistant and two horses, was read the second time, and considered as in Committee of the Whole; and no amendment having been proposed, the PRESIDENT reported it to the House. and it was ordered to be engrossed and read a third time.

Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Indiana, having formed to themselves a constitution and State government, conformable to the Constitution and laws of the United States, and to the principles of the articles of compact between the original States, and the people, and States to be formed in the Territory Northwest of the river Ohio, passed on the 13th day of July, 1787, the said State shall be, and is hereby declared to be, one of the United States of America, and admitted into the Union on an equal footing with the original States in all respects whatever.

And may I not be allowed to add to this gratifying Mr. MORROW, from the committee appointed spectacle, that I shall read in the character of the to inquire whether any, and, if any, what LegisAmerican people, in their devotion to true liberty, and lative measures may be necessary for admitting to the Constitution which is its palladium, sure pre- the State of Indiana into the Union, or for exsages, that the destined career of my country will extending the laws of the United States to that hibit a Government pursuing the public good as its State, made report, which was read, together sole object, and regulating its means by the great prin- with the following resolution: ciples consecrated in its charter, and by those moral principles to which they are so well allied: A Government which watches over the purity of elections, the freedom of speech and of the press, the trial by jury, and the equal interdict against encroachments and compacts between religion and the State; which maintains inviolably the maxims of public faith, the security of persons and property, and encourages, in every authorized mode, that general diffusion of knowledge which guarantees to public liberty its permanency, and to those who possess the blessing, the true enjoyment of it: A Government which avoids intrusions on the internal repose of other nations, and repels them from its own; which does justice to all nations with a readiness equal to the firmness with which it requires justice from them; and which, while it refines its domestic code from every ingredient not congenial with the precepts of an enlightened age, and the sentiments of a virtuous people, seeks, by appeals to reason, and by its liberal examples, to infuse, into the law which governs the civilized world, a spirit which may diminish the frequency, or circumscribe the calamities of war, and meliorate the social and beneficent relations of peace: A Government, in a word, whose conduct, within and without, may bespeak the most noble of all ambitions that of promo-President of the United States as relates to manufacting peace on earth, and good will to man.

These contemplations, sweetening the remnant of my days, will animate my prayers for the happiness of my beloved country, and a perpetuity of the institutions under which it is enjoyed.

DECEMBER 3, 1816.

JAMES MADISON.

Ordered, That said resolution pass to the second reading.

PRESIDENT'S MESSAGE.

Mr. SANFORD submitted the following metions for consideration:

1. Resolved, That so much of the Message of the President of the United States as relates to foreign affairs, be referred to a select committee, with leave to report by bill or otherwise.

2. Resolved, That so much of the Message of the

tures, be referred to a select committee, with leave to report by bill or otherwise.

President of the United States as relates to navigation 3. Resolved, That so much of the Message of the

and commerce, be referred to a select committee, with leave to report by bill or otherwise.

The Message and accompanying documents President of the United States as relates to the militia, 4. Resolved, That so much of the Message of the were read, and two thousand copies of the Mes-be referred to a select committee, with leave to report sage ordered to be printed for the use of the Senate.

WEDNESDAY, December 4.

The resolution for the appointment of Chaplains was read a third time and passed, as follows: Resolved, That two Chaplains, of different denominations, be appointed to Congress, during the present session, one by each House, who shall interchange weekly.

by bill or otherwise.

5. Resolved, That so much of the Message of the President of the United States as relates to weights and measures, be referred to a select committee, with leave to report by bill or otherwise.

President of the United States as relates to a National 6. Resolved, That so much of the Message of the University, be referred to a select committee, with leave to report by bill or otherwise.

7. Resolved, That so much of the Message of the President of the United States, as relates to roads and

[blocks in formation]

canals, be referred to a select committee, with leave to report by bill or otherwise.

8. Resolved, That so much of the Message of the President of the United States as relates to the slave trade, be referred to a select committee, with leave to report by bill or otherwise.

9. Resolved, That so much of the Message of the President of the United States as relates to crimes and offences, be referred to a select committee, with leave to report by bill or otherwise.

10. Resolved, That so much of the Message of the President of the United States as relates to the Judiciary Establishment, be referred to a select committee, with leave to report by bill or otherwise.

11. Resolved, That so much of the Message of the

President of the United States as relates to an additional Executive Department, be referred to a select committee, with leave to report by bill or otherwise.

12. Resolved, That so much of the Message of the President of the United States as relates to the office of Attorney General, be referred to a select committee, with leave to report by bill or otherwise.

13. Resolved, That so much of the Message of the President of the United States, as relates to the finances and a national currency, be referred to a select committee, with leave to report by bill or otherwise.

THURSDAY, December 5.

DUDLEY CHACE, from the State of Vermont; WILLIAM HUNTER, from the State of Rhode Island; JONATHAN ROBERTS, from the State of Pennsylvania; and JAMES BROWN, from the State of Louisiana, severally took their seats in the Senate, all of whom arrived on the 4th instant. MARTIN D. HARDIN, appointed a Senator by the Executive of the State of Kentucky, in place of William T. Barry, resigned, (who arrived on the 4th instant,) produced his credentials, was qualified, and he took his seat in the Senate.

DECEMBER, 1816.

A Committee on Commerce and Manufactures.
A Committee on Military Affairs.
A Committee on the Militia.
A Committee on Naval Affairs.
A Committee on Public Lands.
A Committee of Claims.
A Committee on the Judiciary.

A Committee on the Post Office and Post Roads.
A Committee on Pensions.

The Senate resumed the consideration of the motion for the appointment of a committee to inquire into the expediency of requiring the estab lishment of a competent office of discount and deposite within the city of Washington.

On motion, by Mr. MASON, of New Hampshire, the further consideration thereof was postponed until Monday week.

On motion, the further consideration of the motions for referring the Message of the President of the United States to select committees was postponed until to-morrow.

FRIDAY, December 6.

WILLIAM H. WELLS, from the State of Delaware, who arrived on the 5th instant, took his seat in the Senate.

The following Message was received from the
PRESIDENT OF THE UNITED STATES:
To the Senate and House of

Representatives of the United States:

The 9th section of the act, passed at the last session of Congress," to authorize the payment for property lost, captured, or destroyed by the enemy, while in the military service of the United States, and for other purposes," having received a construction giving to it a scope of great and uncertain extent, I thought it part of the act should be suspended, until Congress proper that proceedings relative to claims under that should have an opportunity of defining, more precisely,

The resolution authorizing the Sergeant-at-the Arms to employ one assistant and two horses, was read a third time and passed.

Mr. ROBERTS presented the petition of Robert Kidd, of the city of Philadelphia, praying relief for an alleged forfeiture under the non-importation laws, as stated in the petition, which was read, and referred to a select committee to consider and report thereon, by bill or otherwise; and Messrs. ROBERTS, BROWN, and HOWELL, were appointed the committee.

On motion, by Mr. MORROW, the report of the committee appointed to inquire whether any, and if any, what, Legislative measures may be necessary for admitting the State of Indiana into the Union, or for extending the laws of the United States to that State, was recommitted to the same committee, further to consider and report thereon.

Mr. BARBOUR Submitted the following motion for consideration, which was twice read by unani

mous consent:

Resolved, That it shall be one of the rules of the Senate that the following standing committees be appointed at each session:

A Committee on Foreign Relations.
A Committee on Ways and Means.

cases contemplated by them. With that view, I now recommend the subject to their consideration. They will have an opportunity, at the same time, of considering how far other provisions of the act may be rendered more clear and precise in their import.

DECEMBER 6, 1816.

JAMES MADISON.

On motion, by Mr. SANFORD, the consideration of the motions of the 4th instant for referring the Message of the President of the United States to select committees, was further postponed until Monday next.

On motion, by Mr. VARNUM, the Senate proceeded to the appointment of a Chaplain on their part; and, on the ballots having been counted, it appeared that the Reverend JOHN GLENDY had a majority, and was elected.

ADMISSION OF INDIANA.

Mr. MORROW, from the committee appointed to inquire whether any, and, if any, what Legislative measures may be necessary for admitting the State of Indiana into the Union, or for extending the laws of the United States to that State, to whom was recommitted their report on that subject, reported the resolution for admitting the State of Indiana into the Union, with amend

DECEMBER, 1816.

Roads and Canals—Compensation of Members.

ments, which were read and considered as in Committee of the Whole; and having been agreed to, the PRESIDENT reported the resolution to the House amended accordingly.

On the question "Shall this resolution be engrossed and read a third time?" it was determined in the affirmative.

The said resolution having been reported by the committee correctly engrossed, was read a third time by unanimous consent, as follows:

Whereas, in pursuance of an act of Congress, passed on the 19th day of April, 1816, entitled "An act to enable the people of the Indiana Territory to form a constitution and State government, and for the admission of that State into the Union," the people of the said Territory did, on the 29th day of June, in the present year, by a convention called for that purpose, form for themselves a constitution and State government, which constitution and State government so formed is republican, and in conformity with the principles of the articles of compact between the original States and the people and States in the territory northwest of the river Ohio, passed on the 13th day, of July

1787:

Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Indiana shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original States in all respects whatever.

ROADS AND CANALS.

The Senate went into the consideration of the motion to amend the rules of the Senate, by ordering the appointment, at each session, of standing committees on the regular subjects of legislation, instead of providing select committees for every occasion requiring the reference of a subject.

A motion made by Mr. BARBOUR, to add to the number a standing committee on the subject of roads and canals, gave rise to some debate.

This motion was opposed by Messrs. MASON of New Hampshire, and DAGGETT, on the ground that, except the Cumberland road, the United States possesses neither roads nor canals, on which to legislate; that it was not a regular and permanent subject for the consideration of Congress; that it had not yet even been decided that the United States had a Constitutional jurisdiction over roads and canals, and that under this doubt, the extension of their Constitutional powers on the subject had been suggested, &c.

SENATE.

ment; and that, whatever doubts might exist as to the Constitutional power of Congress to legislate on the subject, the States would never urge that objection, but would always cordially co-operate in objects so promotive of their advantage and convenience, &c. He was not, however, anxious to proposed, in opposition to the wishes of gentlemen, press the subject at this time, in the way he had and would therefore withdraw his motion.

On motion, by Mr. MASON of New Hampshire, the further consideration thereof was postponed until Monday next.

MONDAY, December 9.

arrived on the 6th instant, and GEORGE W. CAMPISHAM TALBOT, from the State of Kentucky, BELL, from the State of Tennessee, arrived on the 7th, and severally attended this day.

motion for amending the rules of the Senate so The Senate resumed the consideration of the committees; and on motion by Mr. BARBOUR, it as to appoint at each session certain standing having been amended, on the question, "Shall this resolution be engrossed and read a third time?" it was determined in the affirmative.

On motion, by Mr. SANFORD, the consideration of the motions of the 4th instant, for referring the Message of the President of the United States to select committees, was further postponed until to

morrow.

from the President of the United States, of the
On motion, by Mr. VARNUM, that the Message
6th instant, relative to the act "to authorize the
payment for property lost, captured, or destroyed
by the enemy, while in the military service of the
United States, and for other purposes," be refer-
thereon.
red to a select committee to consider and report

On motion, by Mr. LACOCK, the further consideration thereof was postponed until Wednesday

next.

should ask leave to bring in a resolution proposing Mr. BARBOUR gave notice that to-morrow he an amendment to the Constitution of the United States, relative to the compensation for the services of the Senators and Representatives.

COMPENSATION OF MEMBERS.

The Senate resumed the consideration of the motion of the 2d instant, relative to the repeal of the compensation law.

into the expediency of repealing or modifying the
law passed the last session of Congress, entitled
'An act to change the mode of compensation to
the members of the Senate and House of Repre-
sentatives, and the Delegates from Territories,"
with leave to report by bill or otherwise.

Mr. BARBOUR replied, that his motion proceeded On motion, by Mr. TAIT, to amend the same by from his impressions of the importance of roads striking out from the word "That," in the 1st line, and canals to the welfare and prosperity of the the remainder of the resolution, and inserting in Republic; that it was, moreover, a subject re-lieu thereof, "a committee be appointed to inquire peatedly recommended to their consideration by the President of the United States; that though, except in the single road mentioned, the United States possessed neither roads nor canals, on which to legislate, his object was to provide for their creation, and with that view, he wished the subject to be referred to a permanent committee, to deliberate and regularly report thereon; that there was a universal sentiment in the country in favor of these great objects of domestic improve-bell, Chace, Condit, Daggett, Fromentin, Gaillard, YEAS-Messrs. Ashmun, Barbour, Brown, Camp

It was determined in the affirmative-yeas 24, nays 5, as follows:

[blocks in formation]

Hardin, Horsey, Howell, Hunter, Lacock, Mason of New Hampshire, Mason of Virginia, Morrow, Roberts, Talbot, Tait, Thompson, Tichenor, Wells, and Williams.

NAYS-Messrs. Macon, Ruggles, Sanford, Varnum, and Wilson.

The resolution having been agreed to as amended, Messrs. DAGGETT, FROMENTIN, and RUGGLES, were appointed the committee.

PUBLIC OFFICES.

The PRESIDENT communicated a report, made in obedience to a resolution of the Senate, of the 20th of April last, requiring the Secretaries of the Departments to report jointly to the Senate, in the first week of the next session of Congress, a plan to insure the annual settlement of the public accounts, and a more certain accountability of the public expenditure in their respective Departments; and the report was read.-It is as follows:

In obedience to the resolution of the Senate, of the 20th of April last, requiring the Secretaries of the Departments to report jointly to the Senate, in the first week of the next session of Congress, a plan to insure the annual settlement of the public accounts, and a more certain accountability of the public expenditure in their respective Departments: the undersigned have the honor to report

That, in order to comply with the requisitions of the resolution, and to satisfy the just expectations of the Senate, it is necessary to inquire into the causes of the delay of the annual settlement of accounts, and the want of sufficient certainty in the accountability of the respective Departments, upon which the resolution is predicated.

An attentive review of the principles upon which the several Departments of the Government were originally organized, and of the changes which have successively been made in that organization, appears to be necessary at the threshold of this investigation.

By referring to the laws for organizing the several Departments of the Government, they will be found to be extremely general in their terms, leaving the distribution of the duties, and powers of the Secretaries, in a considerable degree to Executive regulation. The law organizing the Treasury Department, however, specifically refers to that Department the settlement of all public accounts. The pecuniary embarrassments by which the Government was pressed at that period, requiring a system of the most rigid economy in the public disbursements, could not fail to give peculiar force to the idea that the Department charged with the replenishment of the Treasury should have a direct control over the public expenditure. Under the influence of this idea, all purchases for supplying the army with provisions, clothing, supplies, in the Quartermaster's department, military stores, Indian goods, and all other supplies or articles for the use of the War Department, were, by Executive regulation, rected to be made by the Treasury Department.

DECEMBER, 1816.

the Department. The accounts settled by the accountant were to be certified quarterly, and sent to the accounting officers of the Treasury for their revision. This act continues with the Treasury Department the power of making, for the War Department, the purchases before enumerated.

On the 30th of April, 1798, the Navy Department was created. From the organization of the Government to this date, the Secretary of War executed the orders of the President in relation to the Navy. On the 16th of July, in the same year, the office of Accountant of the Navy was created, and the settlement of all accounts in the Navy Department was referred to that office. On the same day the power of the Treasury Department to make contracts for the War Department was rescinded, and all the accounts of that Department were, thenceforward, settled by the accountant.

The power of revision, both as to the accounts of the War and Navy Departments, was, and still is, reserved to the accounting officers of the Treasury. This power, however, from the period of the primary settlement of the accounts of the War and Navy Department, was withdrawn from the Treasury, ceased to be useful, and has been preserved merely for the sake of form. In the Treasury, balances or debts admitted on settlement, are paid only upon the report of the Auditor, confirmed by the Comptroller, whose decision is final. In the War and Navy Departments, the sums reported by the accountants to be due to individuals, are paid without waiting for the revision of the accounting officers of the Treasury. This practice, which has been adopted in some measure from necessity, is not believed to be incompatible with the provisions of the law requiring that revision. The Accountants of the War and Navy Departments are required to transmit quarterly all the accounts, which have been settled, to the Treasury Department for final revision. It could not have been the intention of Congress that an officer or an individual, to whom money was found to be due, by the report of the Accountant of either of those Departments, should wait for payment not only until the expiration of the charter, but until his accounts should be re-examined by the Auditor of the Treasury, and also by the Comp

troller.

The delays to which this course would necessarily have led, must have produced a state of confusion, which, in a short period, could not have failed to have obstructed all the operations of the Government. On the other hand, it is manifest, that from the moment payments were made upon the settlement of the accountants, before the revisionary power of the Treasury officers was exercised, revision became useless. The leading feature of the organic laws of the Departments, that the settlement of the public accounts should exclusively rest with the Department, which was charged with the replenishment of the Treasury, was substantially abandoned. The form, indeed, was di-preserved, but the vital principle was extinguished.

The first important change which was made in the organization of the War Department, was effected by the act of the 8th of May, 1792, which created the office of accountant of that Department, and referred to that officer the settlement of all accounts relative to the pay of the Army, the subsistence of the officers, bounties to soldiers, expenses of the recruiting service, and the incidental and contingent expenses of

It is probable that more importance was attached to this principle, by those who presided over the primary organization of the Departments, than it intrinsically merits. The power of the accounting officers, whether belonging to the Treasury Department, or to those in which the disbursements are made, to enforce economy in any branch of the public service, must necessarily be extremely limited.

In disbursements for the pay, subsistence, and

[blocks in formation]

clothing of the Army, while rations are furnished by contracts, the most rigid economy may be easily enforced. In the Quartermaster's department, and where provisions are supplied by a commissariat, the accounting officers can exercise but a very limited control. The principal reliance of the Government for economy, in those Departments, must be upon the integrity of the persons employed. Over the contingent disbursements of the War and Navy Departments, which, in time of war, are considerable, and which, in all Governments, are extremely liable to abuse, the accounting officers have still less control. For economy in that branch of the public service, the heads of those Departments must be responsible to the nation. From this view of the subject, it appears not to be so important that the public accounts should be settled in the Treasury Department, as that they should be promptly and finally settled.

Whatever diversity of opinion may exist upon this subject, it is believed, that there can be none upon the propriety of either returning to the principle upon which the Departments were originally organized, of referring the settlement of all public accounts immediately to the Treasury Department, or of finally settling the accounts of the War and Navy Departments without the intervention of the accounting officers of the Treasury. The former has the recommendation of unity and simplicity in theory; and, it is believed, that no serious inconvenience will result from it in practice. The latter would insure the prompt and final settlement of the accounts of the several Departments, but might, possibly, lead to the establishment of different principles in the settlement of the public accounts in the respective Departments. Under judicious regulations, it is believed that the prompt and final settlement of the public accounts may be as effectually secured by the former, as by the latter modification.

Whichever modification may be adopted, an increase in the number of the accounting officers appears to be indispensable. From the year 1792, when the office of Accountant of the War Department was created, to the year 1798, when all the accounts of the War Department were referred for settlement to that officer, the military force of the United States was not so extensive as the present Military Peace Establishment. The duties assigned the Accountant at the former period was, as has been already stated, the settlement of all accounts relative to the pay of the Army, the subsistence of officers, bounties to soldiers, expenses of the recruiting service, and the contingent expenses of the War Department. The services required by that act, are believed to be sufficient to give full employment to one accounting officer. By the act of 1798, the settlement of the accounts relative to the subsistence of the Army, the Quartermaster's department, the clothing department, the purchase of arms and munitions of war, and to the Indian Department, were referred to the Accountant of the War Depart

ment.

The additional duties imposed upon the Accountant by this act have been so great, that some of the accounts of the War Department, nearly of the same date, remain still unsettled. It is, therefore, confidently believed, that the duties imposed upon the Accountant, by this act, require the undivided attention of another accounting officer.

In contemplation of the law, the Comptroller of the Treasury revises all the accounts of the Government,

SENATE.

for the purpose of correcting the errors, both of fact and of law, which may have been committed by the accounting officers, to whom their settlement is, in the first instance, committed. He is likewise charged with the superintendence of the collection of the revenue arising from duties and tonnage, and directs the collection, by suit, of all debts due to the United States. It has been already stated, that the revision of the accounts settled by the accountants of the War and Navy Departments, by this officer, has always been merely nominal. The enumeration just given of the extent and variety of the duties imposed upon him, will satisfy every reflecting mind that they must continue to be so. Should this officer be relieved from the superintendence of the collection of imposts and duties, and of suits for the recovery of debts due the United States, by the assignment of those duties to another officer, still, it is believed, he would not be able to revise all the accounts of the Government, so as to be, in fact, the check upon the auditing officers which the law contemplates. When the office of Comptroller was created, and the duties of that officer prescribed, the Auditor of the Treasury was the only accounting officer whose acts he had to revise. At present, he has to revise the settlements made by three accounting officers; and according to the plan which it is the duty of the undersigned to propose, in order to insure the annual settlement of the public accounts, there will be five auditing or accounting officers, whose acts are to be revised. From this view of the subject, the appointment of an additional Comptroller appears to be indispensable.

It has been previously stated that the mass of business thrown upon the Accountant of the War Department, by the act of the 16th of July, 1798, has produced an arrearage in the settlement of the accounts of that Department, almost coeval with that date. This observation was intended to apply to the accounts appropriately belonging to the Department, arising from the administration of the Military Establishment. But the accounts of the Indian Department, without a solitary exception, have remained unsettled from that date to the present period. This has resulted from the fact, that the Secretary of War is substantially the auditor of all the Indian accounts. It is also his duty to inquire into and decide upon all claims exhibited by the citizens of the United States for property stolen or destroyed by the Indian tribes, to whom annuities are payable, and where they are proved to his satisfaction, to direct compensation to be made to the injured party, out of the annuity payable to the offending tribe. These duties, together with the examination of the contingent expenses of the Department, which must also receive his special sanction, if duly attended to, would leave him no time to devote to the more important and appropriate duties of his station. The consequence has been, that the Indian accounts have remained unsettled, and must continue so, until a different organization of the Department

shall be effected.

It is obvious, to the mind of every reflecting man, that the duties imposed upon the Secretary of War, in relation to the Indian department, have no rational connexion with the administration of the military es tablishment. From the view that has been presented, it is conceived that the public interest requires that the Secretary of War should be relieved from further attention to those duties. It then becomes necessary to inquire whether those duties can, consistently with

« PreviousContinue »