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FEBRUARY, 1822.] Military Appropriations—Pay and Subsistence of the Army.

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and the sinking fund of England-paid an ele- | or three instances from the department of Ingant tribute of respect to the integrity of Hamilton and the wisdom of Sherman, who had not thought it a matter of indifference, and concluded by expressing his concurrence with the gentleman from Pennsylvania, that further light should be thrown upon the actual state of our finances before appropriations of so large an amount should be made.

Mr. CAMBRELENG replied to the remarks of Mr. BALDWIN and Mr. RANDOLPH.

Mr. Ross renewed an inquiry, suggested by Mr. CANNON, whether this bill embraced the objects of the partial appropriation bill, that had been discussed some weeks since in this House?

dian trade, which, if true, were manifest abuses. Lead was made in great quantities in Missouri, and sent to the large cities on the seaboard; and that about thirty miles below St. Louis there was a shot factory, where any quantity of that article could be had, of a very superior quality, such as might come fairly in competition with the Philadelphia shot, and drive it out of the market; and yet, it was stated to him as a fact, that lead and shot had been purchased on this side of the mountains, and sent to the West to supply the Indian trading houses. The same had been said, and he believed truly, of tobacco, tomahawks, and other articles. The furs received at the trading establishments were usually brought to Georgetown to be sold; and it was a remarkable fact, that a portion of the same furs found their way back to the Western waters, to supply the demand among the hat

Mr. SMITH, in reply, observed that it embraced only such disbursements as were of immediate and indispensable necessity. The partial appropriation bill was out of the question, and had no connection whatever with the pres-ters, whereby a loss accrued to the consumer ent. The bill was entirely predicated upon items contained in the statute book, &c.

Mr. TRIMBLE rose to ask the Chairman of the Committee of Ways and Means a question. This seventy thousand dollars is required to purchase clothing for the army. He wanted to know whether it was intended, in making the purchase, to give any preference to the woollens of American fabrication; and why the clothing of the army is not entirely of American manufacture? His information justified him in saying, that this desirable object could be easily accomplished if the proper departments would continue their efforts from year to year in good earnest. He said he had an amendment in his hand, which, if adopted, would limit the purchases to articles of American manufacture; and he should consider it his duty to offer it, unless some satisfactory answer could be given to his inquiry. He took that occasion to say, generally, that each of the purchasing departments ought to give notice in all the States that supplies are wanted, and designate the articles; allowing full time for persons living at the most distant points of the Union to send in their offers to supply. This, he had been told, was done in most instances, and it had given great satisfaction. But still there were many complaints made on this subject, and, in some instances, not without good reason. It was his opinion that any other mode of granting contracts for supplies would, in .many instances, operate as a monopoly in favor of particular sections of the Union; that it was fair and just to give the manufacturers in every portion of the country an equal chance; that the Government ought to invite competition by putting all upon a footing of the most perfect equality; that the Treasury itself would profit by the competition; that he had heard of cases in which the Government was made to pay a higher price for articles on the seaboard, to supply the frontier, than similar articles of equal quality could have been had for at or near the places of consumption. He would give two

equal to the expense of double transportation. It was said that peltry had been brought from St. Louis to Georgetown, and sold there, or on the coast, for very little more than half the current price at St. Louis. These facts had been proven, he understood, before a committee of the other House; and he was led to believe that there never was a more abominable peculation, in the small way, than had been prac tised upon the Government in some of these matters. He could give other instances of the same sort, but his main object at present was to call the attention of the committee to the subject of domestic woollens, and to show the folly of purchasing supplies on the seaboard for the Western country. There was one factory in Ohio which, he believed, could furnish all the woollens for the army. And all that he would ask for the Western people was, to let them enjoy their local advantages, and purchase from them such things as are consumed among them, if to be had there on equal terms.

Mr. SMITH said a few words in reply-referring Mr. TRIMBLE to a resolution submitted some days ago by a gentleman from Massachusetts, (Mr. EUSTIS,) respecting the clothing the army in American manufactures.

Mr. EUSTIS observed that, since he had offerred the resolution referred to, he had communicated with the head of the purchasing department, and, to his great satisfaction, had found that his views had been anticipated in relation to the subject; for that all our soldiers were clothed in American fabrics. He expressed great confidence in that officer, and was satisfied that the proposition of the gentleman from Kentucky was superfluous.

The question was then taken on filling the blank with the sum of $75,000, as proposed, and carried.

Mr. SMITH then moved to fill the blank for the Quartermaster-general's department, for regular supplies, transportation, rent, and repairs, postage, courts-martial, fuel, and contingencies, and for extra pay to soldiers employed

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in the erection and repairs of barracks, and other labor, with the sum of $313,217.

Mr. Ross observed, that he understood that the business of courts-martial had become a money-making job, and that a gentleman from the North (New York) had made the modest charge of thirteen or fourteen thousand dollars for presiding in them one year. He wished to be further informed on that subject.

Mr. SMITH said the appropriation here proposed was in the usual form; and that, in relation to the claim referred to, it was sub judice, and not decided upon.

The question was then taken on the sum proposed, and decided in the affirmative.

Mr. SMITH moved to fill the blank for the contingencies of the army with the sum of $20,000.

Mr. COOKE moved to strike out that item; which motion was negatived.

Mr. CANNON moved to insert after the word "Army," the words "and the Military Academy," which was also negatived; and, the question being then taken on Mr. SMITH's motion, it was carried.

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Mr. SMITH then moved to fill the blank for the Military Academy with the sum of $13,979. Mr. CAMPBELL, of Ohio, moved to amend the proposition by inserting in lieu thereof the words, for quartermaster's supplies, transportation, mathematical instruments, books and stationery, for the Military Academy, &c.,' which was assented to by the mover, and the original motion prevailed.

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Mr. SMITH also proposed to fill the blank for the pensions to the invalids, to the commutation pensioners, and the widows and orphans (in addition to an unexpended balance of $27,891 05) with the sum of $317,108, which was agreed to.

Mr. SMITH further moved to fill the blank for

pensions to the Revolutionary pensioners of the United States (including a deficiency in the appropriation of the last year of $451,836 57, and in addition to an unexpended balance of $191,345 06 of the year 1820) the sum of $1,642,591; which was agreed to.

[FEBRUARY, 1822.

agreed to; and the House adjourned without taking up the report.

FRIDAY, February 22.
Vaccination.

Mr. FLOYD, from the committee appointed to inquire whether it is necessary to make any modification in the law passed in the year 181 3, entitled "An act to encourage vaccination," made a detailed report; which was read, and the resolution therein submitted was concurred in by the House, and two thousand copies ordered to be printed for the use of themselves. The report is as follows:

The committee to whom was referred the resolution of the sixth instant, directing them to inquire whether it be necessary to make any modification of the law passed in the year 1813, entitled "An act to encourage vaccination," have had the same under consideration, and report:

That the committee have not deemed it necessary to report the various reflections which have presented themselves upon the subject of vaccination, but feel a confidence in the belief, that the opinion heretofore entertained of its being a preventive of the small-pox is well founded, and believe it one of the greatest benefits bestowed upon the country, and one which ought to be cherished by every citizen of the Republic.

They are aware that a disease, called by medical gentleman varioloid, has, within a few years past, made its appearance in Europe; that it much resembles the small-pox; and, under similar circumstances, has been as fatal as that disease ever was; none are exempt from its influence, neither those who have had the small-pox, nor yet those who have been exposed to the influence of the vaccine; but it is gratifying to find that the weight of authority seems to favor a belief, that all those exposed to the infection of the latter suffer much less than any others.

The committee have seen, with pain and regret, the occurrences which have lately transpired in the part of the country believed the small-pox to exist. State of North Carolina, where the physicians in that These occurrences were of such a character as to claim their attention, particularly as the United States vaccine agent, appointed pursuant to the provisions of the act referred to in the resolution, seemed Mr. BALDWIN then moved to strike out all to create a doubt as to the efficacy of vaccine in the that part of the bill which precedes the appro- prevention of small-pox, and left the impression equivpriation for the pensions to invalid and Revo-ocal, whether it was not his belief that it was the Îutionary pensioners-intimating, however, a perfect willingness that, if any gentleman wished to retain any particular appropriation, so as to make it a partial one, he would modify his motion accordingly.

Such a disposition not being manifestedMr. B. urged the adoption of his motion, and observed that he was unwilling that the urgency of the Revolutionary claims should drag after them other appropriations, amounting in the aggregate to more than four millions of dollars, on such a premature and inconsiderate deliberation. The question was then taken, and negatived-ayes 40, noes 70.

Mr. SMITH then moved that the committee rise and report the bills amended, which was

varioloid disease in North Carolina, produced by some change in the vaccine matter whilst on its way to a physician in that State, to whom he had sent it, or whether it had not assumed that character from the circumstance of the small-pox epidemic in the neighborhood from whence it was sent. They have forborne to remark upon that transaction, as the vaccine agent has since ascertained, and acknowledged, to North Carolina, through his own mistake, which that it was the genuine small-pox matter he had sent at once relieves the fears of those who doubt the efficacy of the cow-pox, if there are any such, and dissipated the mist which hung over the subject, in the opinion of all who did not doubt.

It is proper to remark, that the disease called varioloid seems to partake more of the character of smallpox than of vaccine, and that there is no fact, within

FEBRUARY, 1822.]

Case of Henry Aberdeen.

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the scope of their inquiry, to induce the committee | dred of its inhabitants. In the year 1805, not one to believe that vaccine ever has degenerated into va- death occurred in the whole Danish dominions from rioloid. It is unquestionably true, that instances have the small-pox. Prussia has made many wise regu occurred where persons have taken the small-pox, lations favorable to vaccination, which have produced after having the vaccine, though such instances are highly beneficial results. Formerly, the small-pox as uncommon as it is for persons to take the small- was believed to destroy about forty thousand persons pox a second time. annually in that kingdom. In 1817, by this mild and entirely safe remedy, the deaths were reduced to two thousand nine hundred and forty, so that the proportion of deaths from small-pox to those from all other causes, had been reduced from one in seven, down to one in one hundred and four.

The tranquillity of settled belief has been disturbed by allusions to the difficulty of securing the continuance of genuine matter, though no doubt is entertained by your committee that proper attention will overcome every obstacle of that kind, eradicate every evil, and, finally, triumph over prejudice itself. Some reproach may have been brought upon vaccination, not, however, the result of any well-founded doubt as to its efficacy; but from the ignorance or carelessness of those who have used it, as it is well known that many benevolent persons throughout the community have taken upon themselves to vaccinate their friends and others, and, doubtless, have done much good; but if, in the progress of time, by want of care, the matter shall have become spurious, there is not adequate experience to detect the change, and consequently, some risk of exposing the person to small-pox, thereby bringing danger to the sufferer, and unjust reproach to the cow-pox. This kind of inoculation done by every individual who feels charitably inclined, if with care, is not disapproved of; though they are decidedly of opinion, that it would be much better to trust it to the judgment and care of the medical gentlemen of the country.

It is believed that the principality of Anspach, in Bavaria, containing a population of 236,406 individuals, lost five hundred annually in 1797, 1798, and 1799; and, in the year 1800, there perished one thousand six hundred and nine persons of that disease; but, so clear and distinct have been the effects of vaccination, that, from the year 1809 to the year 1819, only five cases have occurred, and not one death.

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In France prizes are given to the surgeons who have annually vaccinated the greatest number of persons.

In Lombardy, in the year 1808, in Milan and Geneva, vaccination was believed to have extirpated the small-pox.

If the statements of intelligent travellers ought to be taken as evidence upon a subject of this kind, there can be no doubt that vaccination has operated the same beneficial effects in South America which it has done in Europe; and the journals of our own country bear testimony to its great and increasing good throughout the Republic.

The committee have deemed it not irrelevant to state a few prominent facts in regard to the effects of these diseases in different countries, which will more clearly show the progress of opinion, and the The committee have viewed, with attention and advantages of vaccination. In the first place, it is concern, the promulgation of opinions tending to lesproper to state, that there is authority for estimating sen the just confidence of the community in the effithe deaths in the natural small-pox at one in six; cacy of vaccination, from the circumstance of there and, though a more intimate knowledge of that mal- being present slight affections of the skin, ulceration, ady, together with any benefit arising from inocula- or vascular disease. They will not undertake to detion, may have put it more in the power of physicians cide what may be the effect of diseases of this charto control it, yet, in Great Britain, where vaccination acter upon the result of vaccination, when they have is less attended to than in some other European coun- affected the constitution of the individual, but think tries, fifty thousand persons are annually destroyed it doing no violence to the opinions of those who by it. But, even there, by vaccination, all agree the have adopted such, to consider them as a class diswaste of human life has been lessened. It not only tinct from the mass of the community. They are secures the person from the small-pox, but greatly inclined to believe that the constitution of the indilessens the danger to be apprehended from the vario-vidual vaccinated, with other causes, may vary the loid disease, as may be seen by reference to highly respectable authority, which states that, at Millau, in France, containing about eight thousand inhabitants, two hundred vaccinated persons took the varioloid disease, and every one recovered, whilst two hundred persons who had not been vaccinated were destroyed. In Denmark, by the care which the Government has taken to cause the people to vaccinate, the smallpox no longer exists. This remedy was introduced into that country about the year 1800, by laws which were vigilantly enforced. By these laws, it was ordered that no person should be received at confirmation, admitted to any school, bound apprentice to any trade, or married, who had not been vaccinated, unless they had undergone the small-pox. A just idea may be formed of the benefits which have result

ed to Denmark-a country where the preservation of human life is more the object of governmental care and solicitude than almost any other-when it is known that the city of Copenhagen alone, during the twelve years preceding the introduction of the vaccine, lost by the small-pox five thousand five hunVOL. VII.-17

appearance of the disease in some degree, but not to change its character; to do that, there would be partial causes, easily detected and easily understood.

The committee, from all the reflection which they have been able to bestow upon the subject, are of opinion that no modification of the law is necessary, as its provisions put it amply in the power of those intrusted with the execution of it to punish abuses whenever any exist. They therefore recommend the adoption of the following resolution :

Resolved, That the committee be discharged from the further consideration of the subject referred to them by the resolution of the 6th instant.

SATURDAY, February 23. Case of Henry Aberdeen, a Free Man of Color, and Owner of a Coasting Schooner-Question of Citizenship.

Mr. NEWTON presented a petition of Henry Aberdeen, a free man of color, master of a

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schooner employed in the coasting trade of the United States, stating that owing to a recent construction regulating the enrolling and licensing vessels employed in the coasting trade, he, as well as all persons of his description, are debarred the right of owning or commanding a vessel, on the ground that they are not citizens of the United States; and praying such relief in the premises as may be just and proper. Referred to the Committee on the Judiciary.

Transactions in Florida-Imprisonment of the Spanish Officers, Don Marcos de Villiers, and Captain Arnaldo Guillemard, by Order of the Acting Governor, George Walton, Esq. Mr. EUSTIS, from the Committee on Military Affairs, requested to be discharged from the further consideration of the petitions of Marcos de Villiers and Arnaldo Guillemard, (who pray the interposition of Congress to release them from prison in Pensacola, where they are confined by the acting Governor of West Florida;) and moved also that the petition, together with the accompanying documents, be referred to the President of the United States.

Mr. COCKE remarked, that, from an examination of the petition and documents referred to, there was reason to apprehend there had been such a usurpation and infringement upon the rights of the petitioners as required the interposition of the House. He therefore moved that the petition be referred to a Committee of the whole House on the state of the Union.

Mr. LOWNDES thought the petition afforded an additional reason for giving more promptly a government to Florida, yet he was unwilling that such complaints should reach the Executive ear through the channel of this House. Indeed, he considered it altogether probable that those complaints had already reached the Executive. He therefore thought the reference proposed by the Committee on Military Affairs unnecessary, and the proposition of the gentleman from Tennessee (Mr. COOKE) improper; and, under these impressions, proposed that the same should be laid on the table.

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[FEBRUARY, 1822.

or equal to those vested in the Captain General of Cuba; and Mr. T. could not vote the reference of a petition to the President, as an intimation to him to assume a sort of supreme judicial power over that territory, without being first satisfied that a controlling power of that kind ought to be vested in him, either directly or indirectly.

Mr. COLDEN entered at some length into an examination of the facts connected with the case of the petitioners; and was proceeding to a discussion of the merits of the commitment of the petitioners to prison; when a question of order arose, which resulted in the SPEAKER'S pronouncing that the first question, and the only one of course now before the House, was on discharging the Military Committee from the consideration of the petition.

Mr. EUSTIS explained the views of the committee in recommending the course they had thought it expedient to adopt, the main object of which was to procure the liberty of the petitioners, if they were entitled to it, in a manher more expeditiously than they could obtain it from the interposition of this House.

Mr. LOWNDES further explained his views in making the motion to lay the subject on the table.

Here

Mr. FLOYD could not conceive any powers which the Captain General of Cuba could have, or any Secretary of the Territory of Florida could have, to violate the liberties of those who should fall within their jurisdiction. were men lingering in confinement-and we were not now, he said, deliberating at the point of the bayonet, but in peace and safety deciding whether or not to lay the petition on the table. The man who could have the temerity in this House to lie by supinely on such a subject, may well tremble should he happen to be within the power of another Government. He was opposed to any delay, and thought it a subject that required the immediate interference of the House.

Mr. RANDOLPH thought this House could not, without a gross violation of its duty, turn a deaf ear to any man who says he is in bonds Mr. TRIMBLE rose to put a question to the against law, and under our authority. It was chairman of the Military Committee. He not for us to sit here with stoic apathy, under wanted to know whether the petitioners were circumstances like the present. It was worse confined under a military order, or in virtue of than mockery to turn over the subject to the some civil judicial process? If the confinement President of the United States, who is known, was by military order, he was satisfied the Pres- if not to approve, yet not to disapprove, of the ident, as commander-in-chief of the armies of conduct of the Captain General of Florida. the United States, could order their discharge; The Congress sat here as the guardians of law but if confined in virtue of civil process, then and liberty. Were we asked whether we could he did not suppose that the President had any not yield our confidence to the Executive? He power to interfere. The act of last session answered, No; for that personage was surgave the President power to appoint a Gov-rounded by a multitude of counsellors, in whom ernor in the Floridas, but it did not authorize there could not be wisdom-for, like Ishmaelhim to reserve to himself any control over the ites, the hand of each was raised against his judicial acts and proceedings of the Governor brother. He disclaimed any personal hostility when appointed. There was no such reserva- to any of the members of the cabinet-of one tion in the Governor's commission. The Pres- of whom he knew nothing, and for others of ident had, it was said, given ample powers to them he entertained a personal respect; but he the Governor. They were said to be the same repeated that, with such competitions and di

FEBRUARY, 1822.]

Transactions in Florida.

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visions as existed there, he would vote for no | through me and delegated by me. How, asked such reference.

Mr. WRIGHT thought it was not proper to refuse a reference of subjects that constitutionally belonged to the Executive Department, on the want of personal confidence. He believed it was inexpedient to travel out of the road, and get into a field not our own, when we had so much business of an ordinary character that required the immediate attention of the House. Mr. W. expressed his decided approbation of the conduct of the late Governor of Florida, whose conduct, he thought, entitled him to the warmest gratitude and admiration of his country, He also adverted to the delays that had been interposed by the Spanish commanders in surrendering that territory pursuant to the treaty, and the various expedients that had been resorted to, to create sedition and insurrection in that country, against the authority of the United States-which therefore rendered the performance of the duty of the Governor of Florida an arduous, critical, and delicate task, and which required promptitude and energy. He thought it was therefore proper that the papers should receive the reference recommended.

Mr. COLDEN addressed the House to free himself from any imputation of being actuated by a feeling of hostility towards General Jackson, for Mr. C. remembered too well what this country owed to the gallantry of that man to feel any such sentiment. Mr. C. proceeded then to argue that the House could not dispense with inquiry in any case in which complaint was made to it; that, by the documents produced, enough was exhibited to establish a probability that a violation of personal rights had taken place, and to justify an exercise of the inquisitorial power of the House. He argued that these men had, by the treaty, become divested of their military character; that, if so, General Jackson had no right under the treaty to banish them from the province. If they choose to remain in the Territory, to select our institutions and soil, and forego their military character, could the treaty receive such a construction as to enable the Governor to say to them, no, you shall not become American citizens you shall be banished hence? This proclamation was not justified by any law, nor by the treaty; it was an exercise of power without right. But there was another feature in the case, Mr. C. said, so gross that he should forfeit his character of a Representative of the people not to express his dissent from it, both for himself and colleagues. These banished men come back-they are imprisoned, and when they ask to be liberated, the acting Governor says to them, you ought to be liberated-if Governor Jackson was here he would liberate you-but I cannot-there is no remedy for you. Could this be the fact, asked Mr. C., that there was no remedy for a case so oppressive? It seemed that the Governor, in his parting orders to Governor Walton, says to him, you must obey no laws and no orders other than those coming

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Mr. C., could this injunction be reconciled with his character as acting Governor, by which all the powers of the principal devolved on him? Mr. C. put the question whether these men were to be left in prison, and the House to say to them, there is no remedy for you--we leave you to your fate? Was it sufficient to say they have their resort against the officer, in the courts, and by the recovery of damages? There was no court there to which they could appeal. The Governor claims supreme judicial power, and would it not be a mockery to refer these men to the sub-Governor under such circumstances? What redress could the President afford? He could dismiss the officer, it was true; but any order sent there by the President, we have the best reason to believe, would not be obeyed by the acting Governor, for Governor Jackson has forbidden him to obey any that comes not through him. Mr. O. thought some expression of the opinion of the House ought to be given. If these acts are violations of our own feelings, our laws, and our principles-we ought to say to the world, this is not our act, but is the unauthorized act of an individual.

Mr. WRIGHT replied to the gentleman from New York, (Mr. COLDEN,) and contended that the return of the military officers of Spain, was a violation of the treaty that had been made. And what security have we now for the tranquillity of that territory if those military officers can be authorized to make a show of departing according to treaty, and then return in opposition to its spirit, and sow the seeds of sedition and revolt among the people? When General Jackson retired from the government of the Territory, the administration of its power reverted to the President of the United States. The reference to the Executive, therefore, was peculiarly proper.

Mr. WALWORTH believed that his respect for the liberty of the people was not less than that of any other member of the House; and when a proper occasion should occur, he trusted such a disposition would be made manifest. But he contended that it was necessary for the benefit of the petitioners that the subject should be taken up by a body more competent to do summary justice than this House. The laws under which those transactions took place would expire during this session, and it would be impossible for this Congress to make the requisite examinations so as to do justice to the laws of the country on the one hand, and the rights of the petitioners on the other. The committee supposed the President was competent to give adequate relief, and that our Executive possessed the same relation to the Governor of Florida as the King of Spain had to the Captain General of Cuba. He had no objection to examine into the conduct of any military character where the duty of the military committee (of which he was a member) called them; but the great ob|jection was, that neither the committee nor the

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