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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, February 24, 1824.
The President signed the enrolled bill, last reported to have been examined and signed, and it was delivered to the committee, to be laid before the President of the United States.
The President communicated the report of the Secretary of the Treasury, with statements from the incorporated Banks in the District of Columbia, shewing the state of their affairs on the 31st of December last. The report was read.
The following written message was yesterday received from the President of the United States, by Mr. Everett, his Secretary:
To the Senate and House of Representatives of the United States:
I herewith transmit to Congress certain documents relating to a claim of Massachusetts, for services rendered by the militia of that state in the late war, and for which payment was made by the state, From the particular circumstances attending this claim, I have thought it proper to submit the subject to the consideration of Congress.
In forming a just estimate of this claim, it will be necessary to recur to the cause which prevented its admission, or the admission of any part thereof, at an earlier day. It will be recollected, that, when a call was made on the militia of that state for service, in the late war, under an arrangement which was alike applicable to the militia of all the states, and in conformity with the acts of Congress, the Executive of Massachusetts refused to comply with the call, on the principle that the power vested in Congress by the constitution, to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, was not a complete power for those purposes, but conditional, and dependant on the consent of the Executives of the several states; and, also that, when called into service, such consent being given, they could not be commanded by a regular officer of the United States, or other officer than of the militia, except by the President, in person. That this decision of the Executive of Massachusetts was repugnant to the constitution of the United
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States, and of dangerous tendency, especially when it is considered that we were then engaged in a war with a powerful nation, for the defence of our common rights, was the decided opinion of this Government; and when the period, at which that decision was formed, was considered, it being as early an the fifth of August, eighteen hundred and twelve, immediately after the war was declared, and that it was not relinquished during the war, it was inferred, by the Executive of the United States, that the decision of the Executive of that state was alike applicable to all the services that were rendered by the militia of the state during the war.
In the correspondence with the Governor of Massachusetts, at that important epoch, and on that very interesting subject, it was announced to him, by the Secretary of War, that, if the militia of the state were called into service by the Executive of the state, and not put under the command of the Major General of the United States, as the militia of the other staten were, the expense attending their service would be chargeable to the state, and not to the United States. It was also stated to him, at the same time, that any claim which the state might have for the reimbursement of such expenses, could not be allowed by the Executive of the United States, since it would involve principles on which that branch of the Government could not decide.
Under these circumstances, a decision on the claim of the state of Massachusetts has hitherto been suspended, and it need not be remarked, that the suspension has proceeded from a conviction that it would be improper to give any sanction by its admission, or by the admission of any part thereof, either to the construction of the constitution contended for by the then Executive of that slate, or to its conduct, at that period, towards the General Government and the Union.
In January, eighteen hundred and twenty-three, the Representatives in Congress from Massachusetts and Maine, suggested, by memorial, that the constitutional objection could not apply to a portion of the claim, and requested that the accounting officer of the Government might be instructed to and it and admit such part as might be free front that objection. In all cases where claims are presented for militia service, it is the duty and the practice of the accounting officer to submit them to the department for instruction as to the legality of the claim: flint is, whether the service bad been rendered by order of the competent authority, or otherwise, under, circumstances to justify the claim against the United State, admitting that the evidence in support of it should be satisfactory. To this request there appeared
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to be no well-founded objection, under fine reservation, as to the constitutional principle, and accordingly an order was given to the accounting officers of the Treasury to proceed in auditing the claim, with that reservation.
In conformity with this arrangement, the Executive of Massachusetts appointed two citizens of that state, commissioners to attend to the settlement of its claim, and who, in execution of the trust reposed in them, have presented to the accounting officer of the Treasury that portion, comprehending the services of the fifth division of the militia of the state, which has been audited and reported for consideration, subject to the objection above stated. I have examined this report, with the documents presented by the commissioners, and am of opinion that the services rendered by that division were spontaneous, patriotic, and proper, necessary for self-defence, to repel, in some instances, actual invasion, and in others, to meet, by adequate preparation, invasions that were menaced, The commissioners of the state having intimated that other portions of service stood on similar ground, the accounting officer has been instructed, in auditing the whole, to do it in such manner as to enable the Department to show distinctly under what circumstances each portion of service was rendered--whether voluntary, called out by invasion, or the menace of invasion, or by public authority; and in such case, whether the militia rendering such service was placed under the authority of the United States, or retained under that of the state.
It affords me great pleasure to state, that the present Executive of Massachusetts has disclaimed the principle which was maintained by the former Executive, and that, in this disclaimer, both branches of the Legislature have concurred. By this renunciation, the state is placed on the same ground, in this respect, with the other states, and this very distressing anomaly in our system is removed. It is well known that the great body of our fellow-citizens in Massachusetts are as firmly devoted to our Union, and to the free republican principles of our government, as our fellow-citizens of the other states. Of this important truth, their conduct in every stage of our Revolutionary struggle, and in many other emergencies, bears ample testimony; and, I add, with profound interest and a thorough conviction, that; although the difficulty adverted to, in the late war, with their Executive, excited equal surprise and regret, it was not bettered to extend to them. There never was a moment when the confidence of the Government in the great body of our fellow-citizens of that state, was
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impaired; nor is a doubt entertained that they were, at all times, willing and ready to support their rights, and repel an invasion by the enemy.
The Commissioners of Massachusetts have urged, in compliance with their instructions, the payment of so much of their claim as applies to the services rendered by the fifth division, which have been audited, and I should have no hesitation in admitting it, if I did not think, under all the circumstances of the case, that the claim, in all its parts, was cognizable by Congress alone. The period at which the constitutional difficulty was raised, by the Executive of the state, was in the highest degree important, as was the tendency of the principle for which it contended, and which was adhered to during the war. The public mind throughout the Union was much excited by that occurrence, and great solicitude was felt as to its consequences. The Executive of the United States was bound to maintain, and did maintain, a just construction of the constitution; in doing which, it is gratifying to recollect that the most friendly feelings were cherished towards their brethren of that state. The Executive of the state was warned, in the correspondence which then took place, of the light in which its conduct was viewed, and of the effect it would have, so far as related to the right of the Executive of the United States, on any claim which might afterwards be presented by the state to compensation for such services. Under these circumstances, the power of the Executive or the United States to settle any portion of this claim, seems to he precluded. It seems proper, also, that this claim should he decided, on full investigation, before the public, that the principle on which it is decided may be thoroughly understood by our fellow-citizens of every state, which can be done by Congress alone; who alone, also, possess the power to pass the laws which may be necessary to carry such decision into effect.
In submitting this subject to the calm and enlightened judgment of Congress, I do it with peculiar satisfaction, from a knowledge that you are now placed, by the course of events, in a situation which will enable you to adopt such measures, as will not only comport with the sound principles of our Government, but, likewise, be conducive to other the highest interests of our Union. By the renunciation of the principle maintained by the then Executive, of Massachusetts, as has been done by its present Executive and both branches of the Legislature, in the most formal manner, and in accord with the sentiments of the great body of the people, the constitution is restored, in a very
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important feature--that connected with the public defence: and in the most important branch, that of the militia, to its native strength. It is very gratifying to know, that this renunciation has been produced by the regular, orderly, and pacific operation of our republican system, whereby those who were in the right at the moment of difficulty, and who sustained the government with great firmness, have daily gained strength until this result was accomplished. The points on which you will have to decide, are, what is fairly due for the services which were actually rendered? By what means shall we contribute most to cement the Union, and give the greatest support to our most excellent constitution? In seeking each object separately we are led to the same result. All that can be claimed by our fellow-citizens of Massachusetts is, that the constitutional objection be waived, and that they be placed on the same footing with their brethren in the other states--that, regarding the services rendered by the militia of other states, for which compensation has been made, giving to the rule the most liberal construction, like compensation be made for similar services rendered by the militia of that state.
I have been led to conclude, on great consideration, that the principles of justice, as well as a due regard for the great interests of our Union, require that this claim, in the extent proposed, should be acceded to. Essential service was rendered, in the late war. by the militia of Massachusetts, and with the most patriotic motives. It seems just, therefore, that they should be compensated for such services, in like manner with the militia of the other states. The constitutional, difficulty did not originate with them, and has now been removed. It comports with our system to look to the service rendered, and to the intention with which it was rendered, and to award the compensation accordingly, especially as it may now be done without the sacrifice of principle. The motive, in this instance, is the stronger, because well satisfied I am, that, by so doing, we shall give the most effectual support to our republican institutions. No latent cause of discontent will be left behind. The great body of the people will be gratified: and even those who now survive, who were then in error, cannot fail to see, with interest and satisfaction, this distressing occurrence thus happily terminated. I, therefore, consider it my duty to recommend it to Congress to make provision for the settlement of the claim of Massachusetts, for services rendered in the late war by the militia of the state, in conformity with the rules which have governed in the settlement of the claims for services rendered by the militia a of the other states.
JAMES MONROE.
Washington, February 23, 1824.
25
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The message was read.
On motion, by Mr. Lloyd, of Massachusetts,
Ordered, That it be printed for the use of the Senate.
Mr. Hayne presented the petition of Peter Trezevant, formerly a Purser in the Navy of the United States, praying an equitable settlement of his accounts; which was read; and,
On his motion,
Ordered, That it be referred to the Committee on Finance, to consider and report thereon.
Mr. Lloyd, of Maryland, presented the petition of Benjamin M. Belt, praying payment of his account, for materials and labor, in fitting up apartments in the City Hall, for the accommodation of the Circuit Court of the District of Columbia; which was read; and
On his motion,
Ordered, That it be referred to the Committee on the District of Columbia, to consider and report thereon.
Mr. Barton, from the Committee on Public Lands, to whom was referred the bill supplementary to the several acts providing for ascertaining and adjusting the titles and claims to land in the St. Helena and Jackson court house land districts, reported it with an amendment; which was read; and,
On motion, by Mr. Noble,
The Senate resumed the motion of the 19th inst. to discharge the Committee on Pensions from the consideration of the petition of Cornelius Huson and, agreed thereto.
On motion,
Ordered, That Cornelius Huson have leave to withdraw his petition.
Mr. King, of Alabama, from the Committee on Public Lands, to whom was referred the petition of Marie Louise de la Gautrais, widow of Francois Gonsoulin, made a report, accompanied by a bill for the relief of the heirs of Harpin de la Gautrais; and the report and bill were read.
Ordered, That the bill pass to a second reading.
On motion,
Ordered, That the report be printed for the use of the Senate. Mr. Knight reported, from the committee, that they had examined, and found duly enrolled, the bill, entitled "An act to authorize the laying out and opening certain public roads, in the territory of Florida."
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The two bills from the House of Representatives, brought up yesterday for concurrence, were severally read.
On motion, by Mr. Smith,
The bill, entitled "An act making appropriations for the military service of the United States, for the year 1824," was read the second time, by unanimous consent.
On motion,
Ordered, That it be referred to the Committee on Finance, to consider and report thereon.
The bill for the relief of Napier, Rapelye and Bennett, and Petray and Viel, was read the second time.
The resolution proposing an additional rule, for conducting business in the Senate, was read the second time.
The Senate resumed the consideration of the report of the Committee on the Judiciary, on the petition of Ebenezer Oliver, and others, together with the proposed amendment; Mr. Gaillard in the chair.
On motion, by Mr. Talbot,
Ordered, That the consideration thereof be postponed to, and made the order of the day for, Thursday next.
The Senate proceeded to consider the motion of yesterday, requesting information relative to contracts for surveying certain public lands, which was requested by a resolution of the Senate of the 25th of February, 1823; and agreed thereto.
Ordered, That the Secretary lay the same before the President of the United States.
Agreeably to the order of the day, the Senate resumed, as in committee of the whole, the bill allowing a drawback on the exportation of cordage, manufactured in the United States from foreign hemp; and,
On motion, by Mr. D'Wolf,
Ordered, That it be postponed to, and made the order of the day for, Tuesday, the 9th of March next.
On motion, by Mr. Van Buren,
The Senate proceeded to consider the bill from the House of Representatives, entitled "An act to authorize the issuing of letters patent to Samuel Brown; and, no amendment having been made thereto, it was reported to the House; and,
Ordered, That it pass to a third reading.
Agreeably to the order of the day, the Senate resumed, as in committee of the whole, the bill to abolish imprisonment for debt, together with the amendment proposed by Mr. Van Buren; and,
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On motion,
Ordered, That it be postponed to, and made the order of the day for, to-morrow.
On motion, by Mr. Holmes, of Maine,
The Senate proceeded to consider, as in committee of the whole, the bill in further addition to "An act to establish an uniform rule of naturalization;" and,
On motion,
Ordered, That it be recommitted to the Committee on the Judiciary, further to consider and report thereon.
Agreeably to the order of the day, the Senate resumed, as in committee of the whole, the resolution proposing an amendment to the Constitution of the United States, as it respects the choice of Representatives in the Congress of the United States, and the election of the President and Vice President of the United States; together with the amendment reported thereto by the select committee; and,
On motion,
Ordered, That it lie on the table.
On motion, by Mr. Van Buren,
The Senate resumed, as in committee of the whole, the bill, entitled "An act to repeal, in part, an act, entitled 'An act to lessen the compensation for marshals, clerks, and attorneys, in the cases therein mentioned," together with the amendments reported thereto by the Committee on the Judiciary: the amendments were agreed to, and the bill reported to the House amended accordingly; and, the amendments being concurred in,
On the question. "Shall the amendments be engrossed, and the bill read a third time as amended?"
It was determined in the affirmative.
The Senate proceeded to consider, as in committee of the whole, the bill supplementary to "An act to perfect certain locations and sales of public lands in Missouri." passed April 26th, 1822; and, no amendment having been made thereto, it was reported to the House; and,
On the question, "Shall this bill be engrossed and read a third time?"
It was determined in the affirmative.
The Senate proceeded to consider, as in committee of the whole, the bill to enable the holders of French, British, and Spanish titles to lands within that part of the state of Louisiana situate to the East of rite Mississippi river and Island of New Orleans, which have not
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been recognized as valid by the Government of the United States, to institute proceedings to try the validity thereof; and,
On motion,
Ordered, That it be postponed to, and made the order of the day for, to-morrow.
After the consideration of Executive business,
On motion,
The Senate adjourned.
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