Newspaper Page Text
Three nf the rjonrr.il officer" were to he proper persor,? r r
reduced, with very many <fi the officers
belonging to the sen nil corps el' the tu
rn, ami particularly of the infantry.-—
j\il the provisions ni‘the net ilerhno, of
what number of officers anil men the se
ver. il corps provided for it should
thcncofck ward consist anil not, that no_v
corps, as then existing, or any officer of
uny corps, unless the topographical en
gineers were excepted, should he re-
t mod. Il.ul it In en intended to reduce
the nflieeis by corps, or to exempt the
officers of any corps from the operation
v f the law ; or, in the organist ition of
the several new corps, to coniine the se
lection of the officers to lu> placed in
tin in to the several corps of the like
kind, lie n existing, and not extend it to
the whole military establishment, includ
ing the statV ; or to coniine the reduc
tion to proportional number of each
corps, and of each grade in each corps,
the object, in either instance, might
have been easily accomplished by a dre-
11ration to that effort. No such de
claration was made, nor can su It inten
tion he inferred. Wo see, on the con
trary, that every corps of the army, ami
stall', was to he re-organized, and most
of them reduced in officers and men ;
and (hat, in arranging the officers from
the old to the new corps, full power wu»
granted to the President to take them
from any and every corps of the former
establishment, and place them in the lat
ter. In this latter grant of power, it is
proper to observe, that the most compre
hensive terms that could be adopted
were used, the authority being to cause
the arrangement to he made from the
officers of the several corps, then in the
service of the United States, compris-
f course, every corps of the staff.
as well as of artillery ami infantry, and
nut from the corps of troops. as in the
former act, and without any limitation
as If grades.
It merits particular attention, that, al
though the object of this latter net was
reduction, and such its effect, on an ex-
ten-ivc scale, five new offices were cre
ated hy it ; four of the grade of colonel
for the four regiments of artillery, and
that of adjutant general for the army.—
Three ot the first mentioned were alto
gethcr new, the corps having been new
ly created ; and, although one officer ol
that grade, as applicable to the corps of
light artillery, had existed, yet, as that
regiment was reduced, and all its parts
reorganized, in another firm, and with
other duties, being incorporated into
the fuiir new regiments, the commander
wn« manifestly displaced, and incapable
of taking the command of either of the
new regiments, or any station in them,
until he should he authorized to do so
b\ a new appointment. The same re
tnuik* are applicable to the office of ad
jutant general to the nrmv. It is an of
fice of new creation, differing from that
of adjutant and inspector general L like
wise from that ofailiutant general to a div i
Fimi, nmtii ««ci'
j.n..... it.o first in title, rank it pay
and from the two latter, because they had
been created by law, each for a division
w hercas the new office, bring institute!
without such special designation, could
lvn e relation only to the whole armv.—
It was manifest, therefore, that neither
of those officers had any right to this new
station, nor to any other station, unless
he should he specially appointed to it,
the principle of reduction being applica
ble to every officer in every corps. It
is proper, also, to observe, that the du
ties of adjutant general, under the exist
ing arrangement, correspond, in almost
every circumstance, with those of the
bite adjutant and inspector general, and
not w ith those of an adjutant general of
a divi«ion.
To give effort to this law, the Presi
dent was authorized, by the 12th section,
to cause the officers, non-commissioned
officers, artilioeis, musicians, and pri-
vales, of the several i nrps, then in the
Service of the United States, to be ar
ranged in such manner as to form, and
complete out of the same, the force
thereby provided far, and to cause the
supernumerary officers, non-commissi
oned officers, artificers, musicians, & pri
vates, to he discharged from the service.
In executing this very delicate and im
portant trust, I acted with the utmost
precaution. Sensible of what 1 ow ed to
tny country, I felt strongly the obliga
tion of observing the utmost impar
tiality in selecting those officer* who
were to be retained. In executing
this law I hail no personal object to ac
complish. or feeling to gratify ; no one
to retain, no one to remove. Having,
on great consideration, fixed the pi in-
riples on which the reduction should he
mode, I availed myself of the example
of iny predecessor, by appointing,
through Ihe proper department, aboard
ot gepi ral officers to m ike the selection,
and whose report I adopted.
In transferring the officers from the
old to the new corps, the utmost care
was taken to place, them, in the latter,
in the grades and corps to which they
h id respectively belonged in the former,
so far as it might he practicable. This,
though not enforced by the law Appear
ing to he ju®t and proper, was never d
parted from, except in peculiar cases,
and under imperious circumstances.
In filling the original vacancies in tl
artillery, and in the newly created offic
df adjutant general, I considered myself
at liberty to place in them any offierr Im.
longing to any part of the w hole military
establishment, whether of thn staff or
line. In filling original vacancies, that
Is, office newly created, it is my opinion,
as a general principle, that Congress
esc offices from thu
whole body of Ins lellnw citizens.—
Without, however, entering here into
that question, I have no hesitation tu de-
elat ing il as tny opinion, that the law ful
ly authorized a (election from any
bruin h of I ho whole military establish
ment of 18 IS. Justified therefore, A* I
thought myself, in taking that range, hy
every the highest smotion, the sole ob
ject to w hich I had to direct my atten
tion vvas the merit of the officers to tie
selected for those station*. flirt e gen
erals, of groat merit, were eith'er to he
dismissed, or otherwise provided for.—
The very g.illicit and patriotic di fender
of New-()i leans had intimated Ins inten
tion to retire, bill at my suggestion, ex
pressed lus willingness to ncct pt the
office of Commissioner to receive Ihe
cession ofthe Florid is, and of (Jovernor,
lor a short time, of that territory. As
to one, therelore, there was no difficulty.
1'or the other two, provision cool I only
he made in the mode which was adopt-
ted, General Macomb, who ha I signa
lized himself in the defence of Platts-
burg, was placed at the head of the
corps ofengineets to which he h id ori
ginally belonged, nml in which he had
acquired great experience, Col. \rtnis-
lead, than at thn head of that corps, hav
ing voluntarily occupied one of two new
regiments of artillery, fur which he pos
sessed very suitable qualifications. Ge
neral Atkinson, likewise an officer of
great merit, was appointed to the uewlv
rented office of Adjutant General.—
Brevet Gen. Porter, an officer of great
experience, in the artillery, and me
rit, was appoiii'cd to the command ot
another of those regiments. Colonel
Fenwick, then the oldest lieutenant co
lonel of artillery, and who had suffered
mu. h in the 1 no war hy severe wounds,
was appointed to a third ; and Colonel
fowson, who had served with great <li«-
tmetion in thesatno corps, and been twice
brevelle.d for his gall miry, in the late
war, vvas appointed to the I i-t remaining
one. Gen. Alkinson having declined
the office of Adjutant Gen. Colonel Gads-
ten, an officer of distinguished merit,
arid believed to possess qualifications
suitably adapted to it, was appointed in
Ins stead. In making the arrangement,
iho merits of Col. Butler and Col. Jones
were not overlooke I. The former was
assigned to the place which ho would
have hi Id in the line, if he had retained
his orghial lineal commission ; and the
latter to his commission in the line, which
lie had continued to hold with his staff
appointment.
That the reduction of the army, and
the arrangement of the officers, from Ihe
old to the new establishment, and the
appointments referred to, were, in every
instance, strictly conformable to law,
will, I think, be apparent. To the ar
rangement, generally , no objection has
been heard ; it has been m .de, how
ever, to the appointments, to the origin
al vacancies, and particularly to those of
those appointments, therefore, further
attention is due. Il they were impro
per, it must he either that they were il-
legal, or, that (tie officers did tint merit
the offi es conferred mi them. The ac
knowledged merit of the officers, and
their peculiar fitness fir the offices, to
which hey were respectively appointed,
must preclude allidijectimioiith.it head.
Having already suggested my impression,
that, in tilling offices newly created
to which on no principle whatever, any
one could have a claim of right, Congress
could not, under (he Constitution, re
train the free selection of the President,
Ironi the whole body of his fellow-citi
zens, 1 shall only further remark, that
if that impression »s well founded, nil ob
jections to these appointments must
cease. Il the law imposed such re
straint, it would, inth.it case, he void.
But according to my judgement, the law
imposed none. An objection to the le
gality of those appointments must he
founded, either on the principle that
those officers were not comprised within
the corps than in the service of ihe Uni
ted States, that is did not belong to the
peace establishment, nr that the power
granted hy the word “ arrange,” im
posed on the President Ihe necessity of
placing in these new office®, persons of
the same grade, only, from the old. It
is believed, that neither objection is well
founded. Col. Towson belonged to one
of the corps, then in the service of the
United Slates, or, in other words, of the
military peace establishment. By the
act of 13 I. 1 j-10, Ihe Pay Department, of
of which the Paymaster General was the
chief, was made one of the branches of
the staff, and lie, and all those under him,
were subjected to the rules and articles
of war. The appointment, therefore,
of him and especially to a new office, was
strictly conformable to law.
Thn only differrnro between the 5th
section of the act of 1815, for reducing
the armv, and the 12th section of the act
of 1021 , for still further reducing it, hv
which the power to carry those laws in
to effect, was granted to the President,
in each instance, consists in this, that by
the former he wn« tn cause the ttrrunge-
mi Tit tn he made of the officers, non-com
missioned officers, musician*, and pri
vates, of the several corps of troops then
in the sen ire of the U. States, whereas,
m the latter, the term troops was omit
ted, It cnnriet be doubted, that that
omission Irul an object, and that it was
thereby intended to guard against miscon
struction in so very material and impor
tant a circumstance, hy authorizing the
application of the act, unequivocally, tn
every corps of the staff, as well as of the
litip. With that word, a much wider
the sanctions which were given hy
Congress, to the cniistro. Hon ot the law,
in llie reduction made under the former,
could not I,ill to dispel all doubt as to Ihe
extent ol thu power granted hy the l id
law, and of Ihe piineiples which ought
to guide, mid on which it was thereby
made the duty of thu President to ex
ecute it. With respect to the oilier ob
jection, that is, that officers ol thu same
grade, only, ought to have been transfer
red to them new offices, it is equally tin
loon.led. It is admitted, that olliceis
may he taken from ihe old corps, and
reduced, and arranged in the new, in in
ferior grade*, as was done, under the
former reduction. This admission puts
an end to the objection, in this ease ; for,
if an officer may ho reilnr.cd and ar
ranged from one cmq s to another, hy an
entire change of grade, requiring a neiv
commission, and a in w nomination to the
Senate, 1 see no re son why an officer
nuy not be advanced in like manner.—
In both instances, the grade, in the old
corps, is alike disregarded. The trans
fer from it to the new, turns on thn merit
of the party ; and n i« believed, that the
laim m this instance is felt hy all with
peculiar sensibility. Thu claim of col.
I’oivson is the stronger, because the ar
lodgement nl him to the office to which
lie now nominated, is not to one from
which any other has been removed, and
di which any other officer may, in an\
view of the cam, he supposed to have had
i claim. As colonel Gadsden held the
office of Inspector General, and, as such,
was acknowledged hy all to he belong to
the staff of the army, it is not peiceived
on that ground his appointment can be
objected to.
Ifsoch a construction is to be given
to thn act of 1821, as to coniine the
transfer of officers front the old to the
new establishment, to the corps of
troops, that is to the line of the armv,
the whole staff' of the army, in every
branch, would not only lie excluded
from any appointment in the new estab
lishment, hot altogether ihsbandfid from
Ihe service ; it would follow, also, that
all the officers of the staff, under the
now arrangement, must he filled by of-
lie- rs belor.giiigto Ihe new establishment,
alter its organization and their arrange-
nent in it. Other consequences not less
serious would follow. If the right of
the President to fill these original va
cancies, by the selection of officers from
any branch oftbe whole military estab
lishment, was denied, lie would be com
pelled to place in them officers of the
“ame grade, whose corps had been re
duced, and they with them. The effect,
therelore, ol the law, a® to those appoint
ment*. would he to legislate into office
men who had been already legislated out
ot office, taking from ttie President all
agency in their appointment. S.tcli a
The roesetges were severally read ;
and, on motion,
(.Wenif, Thai they be severally re
ferred t<* the C'oiimiilteu on Military
Affairs, to consider ami i iqmrl thereon
[J'jc lirporl uiut cone!anon iciUbt given in our
next J
VlVVGlU.r^.
IN SK.NVITI.
TuiiSDAlf, May 7.
The followiiii; resolution, olli-n tl )enter*
«! ty !*y Mr. IRnto.n, \Y.ntak< n up nml a
grccit I s ' i/< :
linolued. That tin* President of ihe Uni
ted States he ret|iiestetl to fttlilinoiilCMtu to
the Semte at the comuu’nivmciit of the
next session of Congress, any information
which may lie in the possession of the g"
\ eminent il it! veil from special agents ui
otherwise,'shewing tin* number, value, and
position of the copper mines on the souiIt
shore of lake Supei ior, the names of I lie In
dian tribes who claim them, the practicabili
ty of exiing.iisliing then’ title, and the pro
bable. advantage which may result to tin
Republic from the acquisition arul working
of these mines.
T. e following resolution, submitted yes-
ter I y hy Ml*. I'akkutt, was also taken uj
and agreed tu :
Resolved, That the President of the Uni
ted States he requested to cause to hr laid
before the Senate at the commencement
of the next flesfhon of Congres-*, tlie amount
of all sums of ooney, collected, under the
authority of any law, or laws, of the stab
of IJcorgia, (tn which th»* assent of Congres
may have been given,) imposing a tonnag*
duty on ships and teasels in the ports of
Savannah and Sr. Mary’s, and the irrmc
in whieli such sums of money have been •
pended.
Wf.on f.sd tr. May ft.
The Senate continued engaged on E
eculive business till half past 2 o'clock.
The Senate, appointed on Us part M.
Maco$ and Mr. King, of N. V. to wait on
tlie''President to state that it was ready !•»
Hiljnmh, if he had no further eoinmnuica
(inti unmake ; and tin* committee -non attei
reporting that the President, had nothing
further l«» com nutiicale,
The Senat adjourned si tie die.
HOUSE OF REPRESENT VTIVES.
Fill DAY, M > d.
Till* following message was received lion,
the President of the United Stales :
To Ihe House of UeprcscntaliC.cs of the i 1 . Sfa'rs .
I hetewiih transmit to Omig.vtw eopi*--* «>i
'letters received at the Dep.nmeni ol Stall
from the Minister ot Ureal Hritam on tie
subject of the duties, discriminating bet wee-
imported rolled and li.unmn. d non.
i recommend them particularly to th-
consideration of I \mgi ess, belie % mg that, al
though there may he ground for coutrovei
sy with regard to Hie application of the » n
gagenlents of the Treaty to tile case, yet a
liberal construction of those eng ige-i.eii' v
would he compatible at once with a concili
atory and judicious policy.
J.\ *IKS MONROE.
tt r nshinpion % May I, IttiJ.
The message, with the accompanying do
cmnents, was referred to the committee ol
Ways and Means, and ordered to bn printed
Having nt the r imvncnri merit of my »>er-
ice in this high tru*U, consideictj p a did) to
\pn ss tin opinion, that, the United Mates
u not piissi -i tin* power in question, and to
oggcht, lor the consideration of t •. ugn ss,
to* pmpricly of n commending to the states
an ameridmciit tn the constitution, to vest
the power io the Unit oil Slnleii, my attenti
on h is been oltcn drawn to the subject siocr,
in consequence whcrefif I have on nsiohally
nnmill* d my scnimn ntb to paper respect
ing it. The form which this exposition has
hsuined, is not such,.as I should have giv»*i
it, had it been intended lor Congiess, not U
it coneliuh d. Nevertheless, as it contains
ny views on this subject, being one. which I
h < m (d* very high importance, and which, in
many of its hearings, has now become pecu
liarly urgent, I iull communicate it to Con
gress, If in in) power, in the. course of the
day, or Cfitaiuly on .Monday next.
J A M MS MONROE.
Washington, May \fh % I lit l,
Mr. Ta yluk unwed that the message, and
ihe hill he I .ml on the table, which was car
red—aves ft 2.
i:VLM \ (i SITrrXG—nn o'clock.
S U P V l.E M K N T A /l Y V KTO.
The Speaker laid before the House
the following communication, which was
delivered to the House by Air. liouver*
neur, as follows—
4 To the House of Representatives:
“ I transmit the paper alluded to, in the
message of thin day, on the tiuhject of inter
nal improvements.
“JAMES MONROE.
Washington, May I, I0JJ.
Thn above document, (which consists
of 104 page# of fol foolscap) was or
dered to he piinted.
T i snWi May 7.
I Mr. F Jolioit n callml for ’be- i •.«osiderntion
J nt t!tf rcsoltil intui some lime ago subii.it I * U by
I liim ; end tlie Home agreed l*» consider Hie
me—UO to d4
The that iCM»lnti< n was read in tlio fdlouiu.
..rd«:
the practice which lot* oh
if. Ill' es ill I}»ih cil \. ( f :t .t
nim! 1*or 10 oh I c'l mi--
lity of my offfirr, i-
yuu. AI ilii> 11.■ -1
i 11 mil. |n mill ini: in
i-liqi amt ^mni li i ! r
|>ri ss llii' Hiiri iv (!(
I.tilt) tile toils < I' !*•
ii i-ifi'.' and luq>|iy c
'-sine ; Ol, III ioy fin .,
”1 to you nil, |
■ire, Hi it, iqii'ri r , t,,,
'. v no may ti i
. ; file liubuio.
yum rexpertiu- Im il.
Tlie 1 louse llien ailjournid fine dir.
unvKUbv.
... f 1 > tr. TQa, 11.
\\ i* hxv. oor Ai. n t r f.oouou l*iq i n
the noth March, and l.iv« r|iool |nqHv> lo
the tut of A.|)riI, !>y the Atury nml .Viutii.
Some of the Condon Gditnra are quite
diafressed that they cainiet |;et iqi a
upon the Continent—all the report* of hos
tilities having commenced, are nucceubivel/
einitiadieled, and their liopi M appear now
to rentra in the report of the Kiiq;’» intend
ed marriage tv il II a Continental I'linces*-,
for which the preparations are said to ho
already making. This, they expect, will
create u aide for some of their half apuikd
“ Stamps.”
Mr. llATimr.a gentleman of fortune at
the west end of file town, ondeitook, on the
■201 li of March, for a In l of .uj novel tipjs,
to run ten miles in Ml minutes—the eroi/i d
chosen, on which to perform this In k, vnw
two miles upon (he Kdgcwaru road, 'flu
pi deslrian stal led at 7 oTIm I, in Ihe uivin-
in-, and won hy ten acconds only, auuni.
plishioij the distance in Mi minutes and .Cl
second. Laige sums of money arestal.fi
to hav e changed hand.- on the uci avion—bet*
at starting were 0 arid 7 to s, in tuvor of
lime.
A late Pari* paper Matin that the Queen
of Thibet has iutrodun d ihe t alholic reli
gion into her Suites, and retpe Med ;\Ji>
He®, and lint in conn quener five Capm liii .
seln.il in l'ehi iniiv hot for Teglioi n, hi or-
iler to proceed lu Tliihc t.
The compenseliini hill was called up—.nifi
construction ivould not only he fiibver-1 art motion of Mr. .S' niters, it was ordered to
sive of the ohvions principles of the con
stitution, but utterly inconsistent with
the sj ip t ol the livv iti-ell : since it
onl.r provmn ^a., ... V j.. ,
grade, and fix every member of that
grade in those offices at n time when
every other grade was reduced, mid a-
mong them generals and other officers of
the highest merit. It ivould also defeat
verv object of selection, since colonels
of infantry would be placed at the head
of regiments of artillery, a service in
which they might have had no experi
ence, ami lor vvhuh they might in conse
quence, be unqualified.
Having omitted, in tlie message to
Congress at the commencement of the
session, to state the princcplc* on which
this low had been executed, and hiving
imperfectly explained them in the mes
sage to the Senate of the 17Ji January
last, I deem it particularly incumbent on
me, as well from a motive of respect to
the Senate, as to place my conduct in the
duty imposed on me by that act in a clear
point ol view, to make this communica
tion at this time. i lie examples tinder
the law oi 1815, whereby officers were
reduced and arranged from the old corf
he laid on the table, without a division, hy .
large majority.
Saturday, May l
The billowing message was recso’- • *'■■
uri'sHieiii "i me i estate* ;
7'i the. House of Representatives :
Having duly considered the hill, entitled
“ An act for the preservation and r- pair of
the Ciiuibeiland Ifoad,” il I* vvi Ii deep re
gret, approving, as I do, the policy, that I
urn compelled to object to its passage, and
to return the hill to the House of Repi
tallies, in whieli it originated, under a
viction that Congress do not posses 1
power, under the constitution, lo pass such
a law.
A power tn establish turnpikes with gates
<itid toll®, and tn enforce the collection ifi'lhe
tolls hy penalties, implies a power to adopt
and execute a complete system of internal
improvement. A riglil to impose duties to
he paid hy all persons, passing a certain l oad,
and on horses and carriages, as is done hy
thi® hill, involves the light to take the laud
from tlie proprietor, on a valuation, and to
pas.® laws lor the protection of the road from
injuries—and, it it exist as to one road, it ex
ist.® as lo any other, and to as many roads
a* Congress may think proper to establish.
A right to legislate for one of these purposes,
is a right to legislate for Ihe others. If is a
complete tight of jurisdiction and sovereign
ty, for all the purposes ol' inte n il imp.
tiolreit, 'Cm'
nl hi the p i
iiiling to Iiiim
ni.ig, rtioJ c'n«iti. 1 ■'!' ■ ilirei! ill
the evi iiuii;.) i- im unv • ■ it ut to
have lei uie-v to llai sari in Ile’lll.
sellable tiller.<inn In
The tnnft explicit
no eiirt'fwi.i: g ,he I
r.l it is... , is c
i lock
al nr'iei
an Ii. i i
.uti.'lin;
and positive informs
ilaiiw s I inctn Tor
"Utaiiu ,1 in the follow
f flo i.old.n, (
it r
h vuld In. ip
I a lie® all w,
and Ihat III,
The qv
wilhuui I 1 !•
i,v ». iiinjonl
1 Ilf -erf)I
pnJlt
such nilcuii
.1 l.v l.l
hi lo be .11
'I n •),, thi« IT. 1,1 WHS 11lk• I. I».
fit in (
y • i* JO or M) v. lt*« | v, c*.
•I resolution w ts rend in the ful • in tl
t- ) ia 1
ttui^ win* n
lli.M llBSJniiv
CJM
if the Vn
.*■»{*<• t* 11 v i;
.,.)!* War,
n*r tl.to i
of active anti
•iJiitautSf thm
fbitics«if theu*
t|tii-.
eu l ut tent t
fitw'w/, Tlmt tlv- Pr-i icut
SlHie-* be t ctpie-let! to cu. i - r *he
i i* thnt $ of rvate. i the I rcHSiit
!li** N iv ., ami the P«> tr..asi.*rGc
i i tin- il . r, 'ii the secoii«) d.
session of Congress, th, number
Well qualified Clerks, nml ,
will be iic ce-.Hrx t<> perl »un Ui«*
•-pm tm O lie’s and DtqvtitmeiiN, |,-
lilt: n rcaHoimbly constant) and ill5
Tin- re*. Ini ion wn« ncrerrl to by about tli»
-aim! mnj'»ril; n- tiie fusi.
I’lie thud Jtm! tomlb resolution^ were modi
fieri by ilm mover %<» as to r ml a- fo biws :
R’.cnlvtd, I hat the nunther t l r.lii.-i rs \u :
spHMieonf the Navy ofil.e United :5 ales oti^i 1
to he limited b> law
Resolved, riiat tlie P e-ib ut of thn United
^tn'e- b.- rf-que«li.*(l t.. <• t ,s. t.> be laid !,t !..n
Mii» House, oi* the «ee-uf! day of the next e
si‘)ii of Cont're**Sin | ian for a Pea, 1,*• at>11-!»
merit of the \av\ of the United Stales, and al
<0 of the Marine Cm ps.
These 1 esulvcs were aUo a. reed !ol», abou
ip tcrritoi)
l'n/j,<>i d:ua
, . . i I ment, and nut merely thu right of applying
0 10 inferior grade's, fully ju«ti- money, under Hie power vested in Congress
ly ;dl that lias been done under llie law to make appropriations, under whieli pooer,
have no riplit, under the rnii-»fitufion, to! 1 ,ln ^ n K«ven lo the art ol 1815, on
impose any restraint, hy law on the j ^ u> rr 'flnefion whieli (lien took place,
pow er -granted to the Freaiderit, so t,»i ,,n ^ rr la**t net. The omic«ion
prevent liifi tauking a free sanction oi l 1,1 '‘ ie ucl > togeathcr with all
of 1821. Ifthe power lo arrange, utulei
the former law, authorized the removal
of one officer from a particular Motion,
and the location of another in it, reduc-'
ing the latter from a higher to an in
terior grade, with the advice and consent
ofthe Senate, it surely justifies, under the
Inter law, the arrangement of these offi
cers, with a like sanction, to offices ofnetv
creation, from which no one had been re
moved, and to which no one had a just
claim. It i9 on the authority of these
examples, supported hy the construction
which I gave to the law, that I have act
ed, in Ihe discharge of this high trust.—
I am aware that many officers of great
merit, having the strongest claims on
their country, have been reduced, and
others dismissed ; lint, under the law,
that result was inevitable. It is believ
ed that none have been retained, wlm
had not, likewise, the strongest claims
to Ihe appointments which have been
conferred on them. I n discriminate
between men of acknowledged merit,
especially in a way to affect so sensibly
and materially their feelings, and inter-
ests for many of whom I have person
al consideration and regard, litis been
a most painful duty ; jet, 1 mn consci
ous that I have discharged it with the ut
most irnpartiallily. Had I opened the
door to change, in any case, even where
error might have been committed; against
whom could I afterwards havu rlo«ed it,
md into what consequences might not
such a proceeding have led ? The same
remarks are applicable to the subject,
its relation to the Senate, to whose
calm and enlightened judgment, with
these explanations, I again submit the
nominations which have been rejected.
JAMES MONROE.
TV’.vsniN«TON, April I2tl», 1^22.
A bill *o relit ve I hr. people, pf {
Florida f. otn. tho operation of t; t
ci’s, was read u lliird time Mini j.,
H cdii.- f dau. Ainu R.
At 10 o'clock the Ht*u-<t .is-t inlded, ai.t
continued io session, with ol*( a*i«iiial i»
cessed, until all the business \v!i h was ti’aus
acted yesterday was put in form, and th.
ncccf>sar\ messages interchanged hctweei
111* I'resident and the two Houses.
possession.
»* chances will n!»
« 0 |*j .‘b.tU'lities \\ ill at Mtie
jl> lor peat c as tin ) will ut
* • • ‘‘ tHo coulradit lory
1 . !• (.* sen ct of no in.*•
pe. It I y pr« served ; ;)Till
• i • iingtit be justified
‘ • in a M ildfii t.trn
foal!) j.ifctificd tills
, ! "" 'I 11 f V l" t'fi"" pCI'C.
j I" oo ii.voli..Lion has thiaai t,. ! rn m
I m •« h ii'ir ert, ini), so imu li delay, «o mtniy
c.intradictoi j rumours, a* dun.A t|, t .
t'alion Infillri n Bo, : and Tu.kej . Affe'irs
limn .er, t ,ve rcacln d th.fi point uliuj all
unci itaint} must c. a-..
I wo lbiwcrs have been earnestly cn-
deiv.iiii ; g j.rnd ve an airie.hle adjust'
im.iit—Au.'.triii and Gie.it Britain. A.,d
ivr,;].| we gii. all po-'ihle erectil tu the z* si
"■.I tali nts el ihe Aii*nian Alaiister, wi-
7‘ ■ t he p. rmilti il to * ,y that Herd Sti.,
|..id has ia g.-ly added lo h'* own reputas
fio.i, nhils! lie l.ss aequlie.l for hi* eoiiiiti V
a.hliliooal rl.iiui to n„ gratitude of nian-
|\.mI. Ii i* doe also, to tin ehaiaiter of tin*
I .Oipeior Alexander, to ®aj . that from tlio
! ” polling he ha* hern anxious to presel lu
peace, and has exhibited little cage ness tfr
ions.miniate file .mihdu.ii.* lieu* of
i.lo nne. a; the moment when every cimi .-
" 111 ' * .f'l'ifd to lender that consuininu-
H", ■ y a'.fi iinnii di.de.
r I 'i'.o kvj lias iirit.il.le and jealous*
"dhout bring deemed too prone u>
-■ I " am. rulg l mile convened
t....,i* were nut solely suslauivd l.y ll.w
. ooo n.iisi.i ss ol tin'll
■. use uf (in jr mvn n i.
diminish tlm®e
irritahihl y—to
inure a.
. iiunrils-
nwgie®, or llm
ii ii. "iiga. Tu reiiiui e er
Mlspiciuii to snfieu that
1 render her more langit-
■ !'■, to ratio, al ami p ml. ut
’ .no easy task. It was I; .-*
file course of tile day, the foliowiue ^ ' n 1 ”e I. . 'poo.l . Iiauge* m tlie To. 1;-
j I *! i .Ministry
lin rt Inn *■ i
pa. file and
incidents took ph.e
Mr S.nith. ol ill,1. delivei
follow
with the consent of the slates throng!] which
tins road passes, the work was originally
commenced, anti lias been so for executed.
1 am of opinion that Congress do not pos
ses* this power—that tile stales, individual
ly, cannot grant it—for, although they may
assent to tile, appropriation of money ivithm
their limits for such purposes, they can grant
no power of jurisdiction or sovereignty, hi
special compacts with the U. Stales. Tin*
power can lie granted only hy an amend
ment to the constitution, and in the mode
prescribed by it.
If the. power exist, it must lie, either be
cause it has been specifically granted to |. .
United States, or that it is incidental to mine
[imver which has been specifically granted.
If ive examine the specific grants of power,
wc do not find il among them ; nor is it in
cidental to any power which Inis been speci
licnlty granted.
It has never been contended that the pow
er was specifically granted. It is claimed
only as being incidental to some one or more
of llie power* which are specifically granted.
Tiie following are the powers from v. hicll it
is said to be derived :
1st. From the right to establish Post Offi
res and post road®. 2,1. From file right tu
declare war. fid. To regulate commerce.—
kill. Tu pay the. debts and provide for the
common defence and general welfare, hili
From the. power to malic all iaws necessary
mil proper for carrying into execution all
tile powers vested by file eonstitllti.m ill III.
government of fi.e United States, or in an)
department or officer thereof, fiih, and last
ly- Fr on the power to dispose of, and make
all 'needful rules and regulations respecting
the tei.itory and other property of the U.
Stales.
According to my judgment, it cannot In
d.'lived from either of those powers, nor
from all of them united, an i in coiitequencc
it does out exbt.
Having stated my objectiom to the bill, 1
should m*w cheerfully communicate nt larg.
the reasons on which they are founded, it i
had time to reduce them to such form as to
include them in Ibis paper. The advanced
t't igo of the sersion renders that impusubl-.
mg r.’|>..it from the Committee of Way
and Means:
Tlie Committee of Ways and Means (■>
which was referred the President’s message
of the -hi inst. communicating several |.-tt• is
from Mr. Bigot, Mr. A.itn.lm?, and Mr
Cauni g. in which they remousi.ale on tiu
part ofthe British governmenl, again-) tin
duty imposed on rolled bar iron, a* a viol.,
lion nl llie convention made liotw ceil the
United States and Great Britain,
Itcport, That the committee regret that
the f w days remaining of the s, * .. ,., ,|„
not’alT'ird lime sufficient to giie the subject
that consideration which it* importance* in-
quirt s. I'hey therefore decline to express
any opi, inn on its inriils, and recommend
file subject to lie early consideration of tin
lions,■ at tin* next session.
This report was read and ordered to lie on
the table.
On motion nfMr. Mali.art, (NTT.iy-
LOR, living temporarily iri the eliair.) il was
Iir.r,!re.it, unanimous/1/, Tlmt the (hank* of
this (louse he preien.eti lo the linn. I’lunc I*
8ai,noun, for the assiduity, promplitanje, uml
ability, n'llii which lie l.a* luhniiiifipi-t'Ll llie
fl.ilie- of (he chair during llie proseifi session.
Mr. H ■!.!., and Mr. Little, were appoint
ed In announce to the President tlmt the
House had got through their business, and
were ready to adionro.
The cimiuiiltee having :i liltle before three
o’elock stated to the House, that the J’r. -i
ib nt *,ad informed them he laid no furlhei j
commutiicaiiuii to make ;
Mi. Speaker Barbovr rose and ad.Ires |
sed file Mouse as follows :
“ Gentlemen : At the commencement of'j
file present session, w hen I u a* nnexpcctcdlv
call* * I hy you to the cli.iii, I e® pressed fin
profound sense of gratitude wh i . I felt |V,r
ihat distinguished mark of yo .r e ■■'lidence.
At file close of the session, 1 have to ae
k i.>iv ledge a new and increased weight ol
obligation, arising from the resolution w hich
you have this day adopted.
” 1 should not under any circumstance®,
have In nil vaincnntig!) tnsuppo-e tli.it I cild
have passed through file long and lahorion*
session w hich is just about tu be terminate^d,
without falling into some error ; ®lill I, *-
could I Ii .*m- tiupril for it, limit v tin* con-*ci-
ousuf’RH which I f* It of my inexpeiirmv is,
relation to the HulicMfif im office ; 11 ho*v«
ver, 1 libivc erred, | tnut it’has hf»i»n iu point-
not niatciial ; I kno« it Ivis been unnitcu-
ti»>naI ; tmd the approbation u hit'll you lui\*
tu-day exprcsFctl of my condtict, nfftiids uv
a gratify ir.p; proof, that u liiUt yon have "iu i
me n "(.’ijenms ciedit for the purity o! in)
i jnlivcs ; wliilst you have, wi|h a kind it*-
diligence, nvcrlonked my d* o-cls, yo i have
done more, than justice to my be&t efi’orts I «>
merit your £ooti opinion.
“ Thu recnllcction of llirsc fhin"<5 wil
lone; he chcj i^hed hy me as a rouh e of pk a
sure ; it will r.dil to a sense of duty a ue»
motive, to endeavor, hy every possible exe*
tio!i : to acij i t myr If of the high responsible
Wiilii
u extrai
k •' rilKe
i.,*i two iiiontltK^
.ary alli-rnli o * of
bittons. At one
time, a <;i-po*i(i,„, to concc.li—at anotr. r
1,11 u, '''" lh ?•’ alert;,m anv pruposil
1 ,!|1 1,1 gai, III,;, anil lb.on to the
iinddlt' ol last iiK.nlli, ci. ry t|,m n semi, d
aniiiiur.ee war. Orders, were gent utf
l.om i'.'ici*t)iirgli. for the mim to lie rea.iy
“” *■ it.'.bat" licit,. r . ; and that the Turk*
r.l ir I.qmrn: tic marching to tim-c pom’s
lh.it iv< iv likely to belli,. |3 ist objects of at-
i .vn. But the Divan, according to tin latest
account*, has shewn a ibqmsilmu to |,*t, n
pi "dviit coiiiiM.ts, I'ns'ia ha* net
in In i ilrin.mds and the (im k
I mger presents lo-lqnl alile olisla-
,s at Vienna, wc hear, that the Im -
*11,1 ss will he, nr lias been, Anility let Inin.
cl ; and ive are now taught tn U lieie that
war nil, he r.imih'tl, and the did', mires he.
tii.'c l.'u: two Powers he speedily undatn-N
to more
increase
cause no
lies. It
J 'ruin :
enrmnotit
liikcn | I
quenc.e
General
i ably adjusted.”
Disturbances at til. Salvador.
Captain Brace, who ha* arrived
I s ileot, in 57 day® Irotn St. Salvador,
cointnunicatf® the f, llov. mg mu lligeuccv
which is conlirnipil by the .,.,|iers he
brought to Fell. 28.
,e 17th to file 241h Feb. qrpa!
as ami immy hi a fili seem * I,, •
,e n! St. S.dvfidnr, m enn-r-
1 an arrival <d au European
n lake cotmnanil n* Gov< rnflr
-.lei iflilitary Chief. Supported by 11 ~
huropean Portugese troops, about . (,i')
io number, ami lie dcn.amlrd nl'theiWn®
/.b in c.mu.amler the resignation oHus
rt.itlim itv ; and tlie t itii r, snpjmrtrd by
HiG ii'ihvp troops arul popuhico, refu-'in
iht!y uoic lired upon in tin* Pidacu
S'jiirc, nml a o>n?ul(.riihlo number k;lic<3
un<l " ouitdcd.
i be Btazilinns i-ere compelled to
rclreal to fort San I’.-drn, where they
tctnaraed til) tlie 21-*. v ben tlipy pir.
f ' 1, .* t C‘l if, and refin'd to Hie country,'
leaving iheir enema• der a pri-ui'cr, on
Id prohahlj
trial. During tl
Hi .'/.fii,ms w cr* kfib'
about 30 of Ihe Kurf |
of the former w er.
| cace.tblv | - ing th
During tlio*e trails
a us suspetulr d at S'.
•cut t,
1 day
1 end ,
.'■au r
sin,!
site.
Enr.qn lor
, al., i,; 3< 9
, 'limit,!. i,<
mps. Many
ibnin, while'
* ion - n’t tme irrsi
Ii n!„r, the now-
bants and many i ft" r it.led itanl* *• r in-
retired to the shipping f, r safety.—
When Cup!. B. c.lli ,1 (27lh F. b.) tt n..
qutlitv "as in a gloat ue a-iiie te-tor.
mil husincM r,-timed, but i'. was ,v
ported ibo Brazilian* w m.ld seen 11 *• • i *
j m great f ree and attack tun pi • t
; bloody yvcit was antiedattd.