to the Committee of the Whole on the bill mak. ing appropriations for the expenses incident to the six companies of mounted rangers, during the year 1812. Mr. BACON, from the same committee, presented a bill making appropriations for the support of an additional military force; which was twice read and committed to the Committee of the Whole last mentioned. Mr. PITKIN, from the committee appointed the 13th instant, reported, in part, a bill to alter the time of holding the district courts within and for the district of Connecticut; which was read twice and ordered to be engrossed and read the third time to-day. SELAH BENTON. Mr. GHOLSON, from the Committee of Claims, made a report on the petition of Selah Benton; which was read: when, Mr. GHOLSON, presented a bill for the relief of Selah Benton; which was read twice and committed to a Committee of the Whole on Monday next. The report is as follows: That the petitioner claims a pension in consequence of bodily disabilities incurred during his service in the Revolutionary war. The committee are of opinion that the petitioner is not strictly entitled to a pension according to the rigid provisions of the existing law upon this subject, inasmuch as he was not actually wounded in the war. They are, nevertheless, from an examination of all the testimony accompany ing the petition, fully convinced that the present application is embraced by the spirit in which the statute providing for the invalid soldiers of the Revolution was conceived, and that it ought to be allowed. The petitioner, who, it appears, served with honor and bravery in all the various offices of first sergeant, ensign, first and second lieutenants, and captain, from the commencement until almost the close of the war, when he became disabled, has established two positions entirely to the satisfaction of the committee; 1st. That his disability arose from disease contracted by exposure in the service of his country, and terminating in scorbutic ulcers; and 2dly. That his disability, thus sustained, has disqualified him from acquiring a maintenance by bodily labor. Your committee, therefore, beg leave to report a bill for the petitioner's relief. THE MILITIA. The House resumed the consideration of the unfinished business of yesterday; and the question depending, at the time of adjournment, to strike out the first section of the bill supplementary to "An act more effectually to provide for the national defence by establishing an uniform militia throughout the United States," and to "An act making provision for arming and equipping the whole body of the militia of the United States," which section is in the following words: Section 1. "That all the militia of the United States lia'ble to do duty, over eighteen, and under twenty-one years of age, shall be called the minor 'class of militia ; and the President of the United 'States shall be, and he hereby is, authorized to 'order out the same, or any part thereof, when' ever detachments of militia are authorized; but they shall not be compelled to do duty out of the 'State or Territory in which they severally re JANUARY, 1812. side, nor continued in actual service for more than three months at any one time;" was again stated, and being taken, was determined in the negative-yeas 38, nays 64, as follows: YEAS-Willis Alston, jr., Stevenson Archer, Ezekiel Bacon, Adam Boyd, Robert Brown, William Butler, Epaphroditus Champion, Martin Chittenden, John Davenport, jr., William Ely, James Emott, Asa Fitch, Thomas Gholson, Thomas R. Gold, Peterson Goodwyn, John A. Harper, Aylett Hawes, John M. Hyneman, Richard Jackson, jr., Lyman Law, Robert Le Roy Livingston, Alexander McKim, Arunah Metcalf, Samuel L. Mitchill, Jonathan O. Moseley, Timothy Pitkin, jun., James Pleasants, jun., Benjamin Pond, Peter B. Porter, William Rodman, George Smith, Lewis B. Sturges, Samuel Taggart, Pierre Van Cortlandt, jun., Laban Wheaton, Leonard White, William Widgery, and Thomas Wilson. NAYS-William Anderson, Burwell Bassett, William W. Bibb, William Blackledge, James Breckenridge, William A. Burwell, John C. Calhoun, Langdon Cheves, James Cochran, William Crawford, Roger Davis, John Dawson, Joseph Desha, Samuel Dinsmoor, William Findley, James Fisk, Meshack Franklin, Isaiah L. Green, Felix Grundy, Obed Hall, Jacob Hufty, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Joseph Lewis jun., Peter Little, Thomas Moore, William McCoy, Samuel McKee, Jas. William Lowndes, Aaron Lyle, Nathaniel Macon, Morgan, Jeremiah Morrow, Thomas Newbold, Thomas Newton, Stephen Ormsby, Joseph Pearson, Israel Pickens, William Piper, John Randolph, William M. Richardson, Henry M. Ridgely, John Rhea, John Roane, Jonathan Roberts, Ebenezer Sage, Ebenezer Seaver, John Sevier, Adam Seybert, Samuel Shaw, John Smith, Richard Stanford, Philip Stuart, Silas Stow, William Strong, John Taliaferro, George M. Troup, Charles Turner, jun., Robert Whitehill, David R. Williams, Richard Winn, and Robert Wright. Mr. LACOCK objected to the mode of distributing arms amongst the militia, adopted in the bill, by putting them in the hands of every citizen arriving at the age of eighteen years; and proposed an amendment, which went to put it in the power of the State Legislatures to deliver the arms to the citizens, or preserve them for their use in depots. This amendment produced considerable debate, and was finally negatived-yeas 48, nays 67, as follows: YEAS-Willis Alston, jr., Ezekiel Bacon, John Baker, Abijah Bigelow, Harmanus Bleecker, Adam Boyd, James Breckenridge, Elijah Brigham, William A. Burwell, William Butler, Epaphroditus Champion, Martin Chittenden, Lewis Condit, John Davenport, jr., Roger liam Findley, Asa Fitch, Thomas Gholson, Thomas R. Davis, Elias Earle, William Ely, James Emott, WilGold, Aylett Hawes, John M. Hyneman, Richard JackLivingston, James Milnor, Jonathan O. Moseley, Thos. son, jun., Abner Lacock, Lyman Law, Robert Le Roy Newbold, Thomas Newton, William Piper, Timothy Pitkin, jun., Benjamin Pond, Peter B. Porter, Elisha R. Potter, William Reed, Jonathan Roberts, William Rodman, Thomas Sammons, Adam Seybert, Richard Stanford, Lewis B. Sturges, Uri Tracy, George M. Troup, Laban Wheaton, and Leonard White. NAYS-William Anderson, Burwell Bassett, William W. Bibb, William Blackledge, Robert Brown, John C. Calhoun, Langdon Cheves, James Cochran, William Crawford, John Dawson, Samuel Dinsmoor, James Fisk, Meshack Franklin, Peterson Goodwyn, 12 Edwin Gray, Isaiah L. Green, Bolling Hall, Obed Hall, John A. Harper, Jacob Hufty, Richard M. Johnson, Joseph Kent, William R. King, Joseph Lefever, Peter Little, William Lowndes, Aaron Lyle, Nathaniel Macon, George C. Maxwell, Thomas Moore, Archibald McBryde, William McCoy, Samuel McKee, Alexander McKim, Arunah Metcalf, James Morgan, Jeremiah Morrow, Hugh Nelson, Anthony New, Stephen Ormsby, Joseph Pearson, Israel Pickens, James Pleasants, jun., John Randolph, William M. Richardson, Henry M. Ridgely, John Rhea, John Roane, Ebenezer Sage, Ebenezer Seaver, John Sevier, Samuel Shaw, John Smilie, George Smith, John Smith, Philip Stuart, Silas Stow, William Strong, Samuel Taggart, John Taliaferro, Charles Turner, jun., Pierre Van Cortlandt, jun., Robert Whitehill, David R. Williams, Thomas WilT son, Richard Winn, and Robert Wright. The question being on engrossing the bill, for a third reading, Mr. NELSON moved to recommit the bill to a Committee of the Whole House, in order that it might undergo such amendments as would make it more acceptable to several memebers who had objected to different parts of the bill. This motion was negatived. The question then returned on the engrossment of the bill. The yeas and nays being called upon the question, Messrs. BIGELOW, NELSON, GHOLSON, and TROUP, assigned their reasons why they should vote against it, and the House adjourned, without taking the question. SATURDAY, February 1. Mr. RHEA laid before the House certain papers in refutation of the charges contained in the presentment of the Grand Jury of Baldwin county, in the Mississippi Territory, against Harry Toul min, Judge of the Superior Court of Washington district, in said Territory; which were ordered to he referred to the select committee appointed on the letter from Cowles Mead. A message was received from the Senate, informing the House that they had passed the bill authorizing the President of the United States to accept and organize certain volunteer corps, with an amendment, to which they request a concur rence. The House took up this bill, and the amendment being stated, it was concurred in without a division. The amendment was to reduce the appropriation for carrying the object of the bill into effect, from three millions of dollars to one million. THE MILITIA. On motion of Mr. D. R. WILLIAMS, the House took up the unfinished business of yesterday, which was the bill for classing and arming the militia. The question being on the engrossment of the bill for a third reading, Mr. WIDGERY moved to postpone the bill indefinitely.-Motion negatived-53 to 46. H. of R. Mr. KING moved to strike out the word thirtyone, to insert in its place the word "thirty-five;" so as to make the Junior Class of the militia, by whom the heaviest part of militia duty is to be performed, consist of persons over twenty-one years of age and under thirty-five. This amendment was negatived, there being only 41 votes in its favor. induce him to vote against the bill's being enMr. FINDLEY assigned the reasons which would grossed. Mr. TALLMADGE wished the Committee would suffer the bill to lie on the table until Monday. He had necessarily been detained from the House since this bill canie under consideration, and had not, therefore, been able to pay to it that attention which he wished, and which would enable him to vote understandingly upon it. He moved to this effect, and the question was carried-51 to 45. APPROPRIATION BILL. The House resolved itself into a Committee of the Whole, on the bill making appropriations for the support of Government for the year 1812; and, having gone through the bill, it was reported to the House, taken up, and agreed to, except in relation to an appropriation for an additional Compensation to the clerks in the several departments, not exceeding fifteen per cent. in addition to the sums allowed by the act, entitled "An act to regulate and fix the compensation of clerks," &c., $11,234 33. Mr. ALSTON moved to strike out this appropri ation in Committee of the Whole; and the motion was negatived by the casting vote of the Chairman only. When the bill came before the House, Mr. A. renewed his motion, in which he was seconded by Mr. TALLMADGE. The motion was opposed by Messrs. BACON, MITCHILL, WILLIAMS, and WRIGHT. Those opposed to making this allowance, urged that, if the salaries fixed for the clerks of each department were not sufficient, they ought to be increased, though it was believed they were ample, without this allowance; that this additional compensation was believed to be bestowed chiefly on favorites, and not according to the extra business performed. The supporters of this allowance, said that it had been made for a number of years; that the salaries would be inadequate without it; that its deliberation was left with the Heads of the Departments, who certainly might be safely trusted with it; that it served to reward faithful and extraordinary services; and that, having made the allowance for a number of years, it would be hard now to deprive the clerks of this part of their compensation. The question on striking out this appropriation from the bill, was carried-yeas 45, nays 42, as follows: YEAS-Willis Alston, jr., Stevenson Archer, John Baker, Elijah Brigham, Robert Brown, William Butler, Martin Chittenden, James Cochran, Lewis Condit, On motion of Mr. MAXWELL, the appropriation John Davenport, jr., Roger Davis, William Ely, Asa in the bill was reduced from four hundred thou- Fitch, Isaiah L. Green, Bolling Hall, Obed Hall, Jasand to two hundred thousand dollars annually.cob Hufty, John M. Hyneman, Richard Jackson, jun., Joseph Kent, William R. King, Abner Lacock, Joseph Lefever, Peter Little, Robert LeRoy Livingston, Aaron Lyle, Archibald McBryde, Samuel McKee, Alexander McKim, Arunah Metcalf, James Morgan, Thomas Newbold, Elisha R. Potter, William Reed, John Roane, William Rodman, Thomas Sammons, Ebenezer Seaver, Samuel Shaw, William Strong, Benjamin Tallmadge, Pierre Van Cortlandt, jr., Laban Wheaton, Leonard White, and Thomas Wilson. NAYS-William Anderson, Ezekiel Bacon, David Bard, Burwell Bassett, William W. Bibb, William Blackledge, William A. Burwell, John C. Calhoun, Epaphroditus Champion, William Crawford, James Emott, William Findley, Thomas Gholson, Peterson Goodwyn, Aylett Hawes, Lyman Law, Nathaniel Macón, Thomas Moore, William McCoy, James Milnor, Samuel L. Mitchill, Jeremiah Morrow, Jonathan O. Moseley, Anthony New, Israel Pickens, Timothy Pitkin, junior, James Pleasants, junior, Peter B.. Porter, William M, Richardson, Henry M. Ridgely, Samuel Ringgold, John Rhea, Ebenezer Sage, John Sevier, Adam Seybert, George Smith, Philip Stuart, John Taliaferro, Uri Tracy, Charles Turner, jr., David R. Williams, and Robert Wright. The bill contained in it a paragraph for allowing a compensation to the Marshals and assistant Marshals, for taking an account of the manufactures of the United States, in addition to the sum heretofore appropriated for that purpose dollars. FEBRUARY, 1812. during the year 1812; which was read twice, and committed to a Committee of the Whole on Wednesday next. An engrossed bill, making appropriations for the support of Government, during the year 1812, was read the third time, and passed. The SPEAKER laid before the House sundry resolutions of the Legislature of the State of Virginia, approbatory of the measures pursued by the General Government towards Great Britain, and declaring that, "peace, as we now have it, is disgraceful, and war is honorable," and expressive of their determination to support all measures which may be adopted in vindication of the rights and honor of the United States.-Ordered to lie on the table. A Message was received from the President of the United States, transmitting a report of the Secretary of the Treasury, containing a statement of proceedings under the "Act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio." CHRISTOPHER MILLER. Mr. ORMSBY, from the committee appointed on the 14th ultimo, presented a bill for the relief of Christopher Miller; which was read twice, and committed to a Committee of the Whole on Wednesday next. tion of the said Christopher Miller which was Mr. O. also made a detailed report on the petiread. The report is as follows: This paragraph was stricken out in Committee of the Whole. When the bill came before the House, Mr. NEWTON moved to restore it, and to fill the blank with fifteen thousand dollars. He stated that seventy thousand dollars had been General Anthony Wayne, who then commanded the It appears to your committee that, in the year 1794, asked for this purpose at the last session, but only United States' army, determined to send a flag to the thirty thousand appropriated, which was so far Indians, in order that a peace might be effected with short of what was deemed sufficient, that no dis-out further warfare. That the said Wayne was unable tribution had been made of it by the Secretary of the Treasury. This motion was opposed by Mr. MITCHILL, who said that he expected, before Congress were called upon for any additional appropriation, to have had laid before them a digested statement of these manufactures; but he had understood that this business had been so badly performed by many of the Marshals, that the Secretary found it next to impossible to make any satisfactory view of the subject from the returns which he had received. It was his opinion, that some of the Marshals deserved no compensation, whilst others had performed the service in a manner that richly deserved reward. Among the former description of returns, Mr. M. mentioned South Carolina, Maryland, New Jersey, and the District of Columbia; amongst the latter, Massachusetts, Pennsylvania, and New York. Mr. NEWTON Suffered the bill to pass without taking a question on restoring this part of it. The bill was then ordered to be engrossed for a third reading. MONDAY, February 3. Mr. BACON, from the Committee of Ways and Means, presented a bill making appropriations for the support of the Navy of the United States, to find any person in his army possessing the neces sary qualifications, who would undertake the hazardous enterprise, except the petitioner, who was intimately acquainted with their manners and their language; and, on this account, was the more solicitous that he should carry the flag to the Indians. That the petitioner, as an inducement to act in obedience to the wishes of General Wayne, was told by him that the Government would make him independent. The petitioner, at the evident hazard of his life, did proceed with the flag sent by the said Wayne, and commenced the negotiation, which terminated successfully. Your committee are fully impressed with the belief that the death of General Wayne prevented him from titioner, and they are satisfied that his pretensions to a making known to the Government the claim of the peremuneration from the Government are much strengthened by the consideration of the great danger he encountered, and the knowledge which he must have pos sessed of that danger previous to his departure; for General Hardin and Major Trueman, who had undertaken similar expeditions to the Indians, had been killed but a very short time before. When your committee reflect on the advantages which flowed from the conduct of the petitioner, the dangerous nature of the enterprise, and the promise of General Wayne given to him, on the faith of a soldier, that he should be amply remunerated, they cannot hesitate to say, that the Government ought to carry this promise into execution. NEW YORK CANALS, The SPEAKER laid before the House a resolution of the Legislature of the State of Ohio, declaring that, in their opinion, the expense of the canal contemplated to be cut from the Great Lakes to Hudson river, ought to be provided for by the General Government.-Referred to the committee appointed on the petition of the President and Managers of the Union Canal Company, in the State of Pennsylvania. The document is as follows: ZANESVILLE, OHIо, Jan. 18, 1812. SIR: In obedience to the request of the Legislature of this State, I have the honor to transmit you a copy of a resolution on the subject of the contemplated canal between the river Hudson and the Great Lakes. I am, very respectfully, sir, your obedient, humble servant, Hon. HENRY CLAY, RETURN J. MEIGS. Speaker of the House of Reps., U. S. H. of R. from his seat when this bill was under discussion he could not profit by any remarks which had been made. He would, however, submit a few considerations which had occurred to his mind, and which would induce him to oppose the pas sage of the bill now on the table. That his remarks might be definite and precise, he would endeavor to pursue the following arrangement: 1st. He would examine the Constitution as to the powers given to Congress to legislate upon this subject. 2nd. Inquire how far those powers had been executed by any previous law. 3rd. He would endeavor to test the principles of this bill by the Constitution, by the militia law passed by Congress, and by the laws and usages of the States. As to the powers given by the Constitution, Mr. T. remarked that they would be found under the eighth section of the first article of the Constitution of the United States-"Congress shall have power to provide for calling forth the 'militia to execute the laws of the Union, suppress insurrections and repel invasions." 6 "To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States re JANUARY 17, 1812. Whereas the Commissioners, appointed under the first section of the act of the Legislature of the State of New York, passed the 8th day of April, 1811, entitled "An act to provide for the improvement of the internal navigation of the State," have, in pursuance of the provisions of said act, applied in behalf of said State to the Legislature of this State, for their aid and co-operation in carrying into effect the object contem-spectively the appointment of the officers, and plated in said act, and have particularly solicited the influence of this State in the public councils of our country for that purpose, being fully impressed with a sense of the importance of the object as well as with the respectful attention due to our sister States; therefore, Resolved, by the Senate and House of Representatives of the State of Ohio, That they consider the communication, by means of the canal navigation, between the Great Lakes and Hudson river, as a project of national concern; that the accomplishment of such a project, free from a transit of duty, would have the most extensive and beneficial effects, by facilitating the intercourse between remote parts of the United States; diminishing the expense of transportation, thereby rendering the produce of our country more valuable, the price of foreign commodities cheaper; and that its tendency would be to encourage agriculture, manufactures, internal commerce, and to strengthen the bond of union between the States. Resolved, As the sense of this General Assembly, that it would be expedient for the expense of said canal to be provided for by the United States in such a manner as they shall think proper, and that the same be free from toll or transit duty, for the transportation of produce, manufactures, or merchandise, thereon. Resolved, That the Governor of this State be requested to transmit copies of this resolution to the President of the United States, the President of the Senate, the Speaker of the House of Representatives of Congress, the Governor of the State of New York, and to our Representatives, and each of our Senators, in Congress. THE MILITIA. The House again resumed the consideration of the bill for classing and arming the militia of the United States. the authority of training the militia according to the discipline prescribed by Congress." So, also in defining the powers of the President of the United States, he is styled. "the Commander-in-Chief of the Army and Navy of the United States, and of the militia of the several States, when called into the actual service of the United 'States." Hence, said Mr. T., it appears that all the military force of our country is divided into two classes, the army and the militia; the former is exclusively under the control of the General Government, and the latter is the great military bulwark of the States respectively. So cautious were the sages who framed the Constitution of the peculiar and appropriate rights of the States, that they have given to the President of the United States no control over the militia only when called out by authority of the Government, and for the three express purposes defined in the Constitution. These and these only, I contend, form the grounds or reasons on which the service of the militia may be required by the General Gov I ernment. With this plain exposition of the Constitution, will pass on to the second proposition, and inquire how far the powers vested in the General Government have been carried into execution. After various attempts had been made, and elaborate systems had been proposed and rejected, on the 8th of May, 1792, Congress passed a law 6. more effectually to provide for the national defence, by establishing an uniform militia throughout the United States." 6 By a careful examination of this law it will be perceived that, in all its provisions, the ConstituMr. TALLMADGE said, that having been absenttional limits have not been transcended; but that H. OF R. The Militia. FEBRUARY, 1812. It is not unworthy of remark that the classifying principle of this bill would introduce novel distinctions, and would oppose odious and op the prominent features of this law consist of pro- convenience would result to the community by visions to enroll or embody; to arm and accoutre; the adopting the provisions of this bill. to arrange and organize; to officer under State authorities, and to discipline or train the militia according to the system provided by Congress. It is not unworthy of remark, that by the provi-pressive burdens on that portion of our citizens sions of this law, it was made the duty of the militia to arm and clothe themselves at their own expense, and the quality and description of their arms were particularly designated. On the 2d of March, 1803, another law was passed, supplementary to the foregoing, in which additional duties were required of the AdjutantGeneral-a Quartermaster's Department was established, and every militiaman enjoined to be completely furnished with arms, accoutrements, and ammunition, agreeable to the requisitions of the aforesaid act. On the 23d of April, 1808, an additional law was enacted, authorizing an annual appropriation of two hundred thousand dollars, to purchase arms and military equipments, which were to be distributed to the several States and Territories, in proportion to their effective militia, under such rules and regulations as the Legislatures should respectively prescribe by law. From the most careful examination I have been able to give this subject, I believe the foregoing laws comprehend all the regulations which have been made relative to the militia of the several States and Territories. Other laws have been passed relating to draughts from the militia, which have no bearing upon this question. 3dly. I come now to test the principles of the bill before the House, by the Constitution, and the system adopted by the Government heretofore. I inquire, then, what urgent occasion is there for this bill? Gentlemen say that the old system is inadequate to its object. But, suffer me, Mr. Speaker, to inquire from whence do these objections arise? Are they made by those who have carried the laws into practicable effect, or by those States where the militia laws have been scarcely regarded? Most assuredly not the former-and with how ill a grace they are made by those who bave never carried the militia laws in to operation I leave for the good sense of this House to determine. Sir, the militia of the Northern States, by a close adherence to the law, and a careful attention to its requisitions, have become formidable armies themselves for all purposes to which the services of the militia can constitutionally be directed. They are the military boast and pride of our country, and no man feels himself degraded by being enrolled with his neighbors to perform the duties of the militia. In addition to this the present militia system has been long in operation. It commenced with the first settlement of our country, and with the slight alterations and amendments since has been found to answer the grand objects to which this force ought constitutionally to be directed. I would further remark, that being now so fully ingrafted into our State codes, and forming no inconsiderable part of our habits, (I speak more especially of the Northern States,) no small in who are enrolled in the militia. And who, I pray But the doctrine which I wish to enforce is, that the power contained in this bill is not warranted by the Constitution. The whole power given to Congress, relative to this point, is to provide for organizing arming, and disciplining the militia. Will any gentleman say that under this provision is given an authority to class the militia, and designate particular duties to be performed by them? If powers not given are actually retained, then shall I contend that this power belongs alone to the States. As I consider the interference of the General Government with the State authorities, in relation to the militia, to be dangerous in the extreme, I would cautiously guard against the first encroachments upon those important rights. If an army should be thus formed from conscripts, called out under the imposing title of classified militia, it would be an army unknown to the Constitution, Indeed, as the case might be, |