Wednesday, March 1.
Military Establishment.
Mr. Gallatin wished the bill for fixing the Military Establishment, which had been returned by the President of the United States, with his objections, to be taken up.
Mr. W. Smith hoped this subject would be taken up, but before it was entered upon, he wished the Committee of the Whole to be discharged from the consideration of it, as he found, in a former instance of a similar kind, the business had been settled in the House. The committee was accordingly discharged. The House then proceeded to reconsider the bill, agreeably to the direction of the constitution. The bill was first read, and then the objections of the President.
The Speaker then read the clause in the constitution which directs the proceedings on such an occasion, and which says, that in case two-thirds of the House wherein it originated shall be in favor of passing the bill, it shall be sent to the other, and if two-thirds of that House be also in favor of it, it shall become a law. The votes of both Houses to be determined by yeas and nays.
Mr. Nicholas said, he meant to vote against the bill, but he did not wish to stand charged with refusing to pay the men for the time they were in service. He thought this bill was by no means liable to a charge of this kind; as it could scarcely be supposed that, at the time they were making a voluntary gift of $100 to every officer discharged, the Legislature meant to defraud the men of their pay.
Mr. W. Smith did not see any necessity for the observations of the gentleman from Virginia. There was nothing in the Message of the President which charged that House with an intention to defraud the men of their pay. Whatever was the design of gentlemen, this was not the charge. But certain it was that this would be the result of the bill, and it would be six weeks or two months before they could be notified that the act was passed. It was the legal opinion of the Attorney General, therefore, that they would not be entitled to pay during that time.
Mr. Nicholas was sorry that the gentleman from South Carolina and he did not think alike on the subject; he thought the objections he had made were necessary, and he had made them for the purpose stated. He thought the President ought not to have doubted their willingness to have allowed the pay in question. He was of opinion the House had given some extraordinary proofs of their liberality this session; amongst other proofs of this, they had determined to appropriate money for the building of a thirty-six gun frigate, which he had caused to be built without authority. But the pay of these men was so much a point of law, that he believed the men would have been entitled to pay.
Mr. W. Smith said, their having agreed to give each of the officers $100, without mentioning the men, rather went against the gentleman's conclusion; because, if any thing had been intended to have been given to them, they would also have been mentioned.
Mr. Williams was sorry that some things had not been more attended to, when that bill was under consideration; and, although there would be a difficulty respecting the Brigadier General and Staff, yet he thought the objections well founded, and would vote against the passing of the bill, in order that a new one might be brought in to avoid the objections, from the demands lately made for the protection of the frontiers of Georgia and Tennessee, which amounted to upwards of $300,000; he fully agreed with the President that it would be less expense to keep up the two companies of dragoons than to employ militia horse.