FEB. 15, 1837.]

Burning of Public Buildings--Trade with Belgium, &c.

[SENATE.

After a few remarks on Mr. EwWING's amendment, by the Senate yesterday, he had promised to ascertain from Messrs. BAYARD and PRESTON,

The Senate adjourned.

WEDNESDAY, FEBRUARY 15.

BURNING OF PUBLIC BUILDINGS.

The bill to alter and amend the act of 1790, for the punishment of certain crimes against the United States, being taken up--

Mr. PRENTISS said he was so much opposed, in principle, to the provisions of the bill, the punishment imposed by it appeared to him to be of so sanguinary a character, so much behind the spirit of the age, that he felt constrained to resist it, and record bis name against it in every stage of its progress. The bill not only inflicts the punishment of death upon any person who shall maliciously burn, or procure, command, counsel, or advise any one to burn, any public building, but it contains no limitation upon the prosecution of the offence; so that a person may be arraigned and tried at any distance of time, however remote, when he may be wholly unable, by lapse of time, to avail himself of the testimony necessary for his defence. It was to be further observed that the bill was not confined to the burning of the public offices, containing the public records, but extended to the burning of any public building, such as an engine-house, a wood-house, or even a watch-house.

the Department the comparative state of the Dutch and American tonnage, as employed in the Holland trade during the past year. He had done so; and it appeared from the result that the amount of Dutch tonnage was increasing rapidly on the American. He did not know whether this was owing to the discriminating duty imposed by the Dutch Government in favor of their own vessels in Dutch ports, or not; but if such was the fact, then the provisions of the act of 1824 should be promptly applied by the Executive. Mr. B. then read the following statement:

In 1835,

In the year 1834, the amount of American tonnage in this
trade was (in round numbers) 17,000 tons.
15,000
8,500
on the contrary,

In 1836,

while the amounts of Dutch tonnage,
had proportionably diminished.

In 1834, the Dutch tonnage was
In 1835,
In 1836,

1,651 tons. 3,058 5,401

Mr. CLAY said that, when we saw, for three successive years, a regular diminution of American tonnage, and a regular increase of the competing foreign tonnage, there could be no doubt that both results proceeded from a common cause. The act of 1824 proceeded on the principle of entire and perfect reciprocity. That principle bad been departed from by the Government The punishment, under the existing laws, was confine of Holland, while Belgium was in union with Holland. ment to hard labor, and but one instance of the commis- There was much reason to believe that the present relsion of the offence had occurred in half a century. We ative condition of the navigation of America and of were now about to change the law, and substitute the Holland was the result of that departure. Under those punishment of death for confinement at hard labor; and circumstances, it seemed that, though the Senate could we were doing this at a time when England and many not well refuse to pass the present bill, which did nothother Governments in Europe were engaged in reforming but put Holland and Belgium on the same footing, ing and ameliorating their criminal code. The bill put the offence on the same grade with murder and treason, the highest crimes known to law.

The object of punishment was the prevention of crime; and all experience showed that the certainty of punishment was much more effectual than the severity of punishment in the prevention of crime. The burning of a public building was undoubtedly a very high offence, but it was well known that the difficulty of conviction was always increased in proportion as the punishment was aggravated. If there was absolute certainty in human testimony, the objection to the bill might not be so strong; but the reverse was true, for the history of criminal trials showed that many innocent persons had been convicted and executed. Mr. P. was opposed to the bill on the great principles of justice and humanity; he was opposed to it as destroying all just distinctions between crimes, as inflicting a punishment vastly disproportionate to the offence, and altogether inconsistent with the general spirit of our criminal code; and he felt compelled to ask for the yeas and nays.

The bill was then passed, by the following vote: YEAS--Messrs. Bayard, Benton, Black, Clay, Clayton, Cuthbert, Dana, Ewing of Ohio, Fulton, Grundy, Hubbard, King of Alabama, King of Georgia, Linn, Lyon, Morris, Mouton, Nicholas, Norvell, Page, Preston, Rob. bins, Ruggles, Sevier, Strange, Tallmadge, Tipton, White, Wright--29.

NAYS--Messrs. Buchanan, Davis, Ewing of Illinois, Hendricks, Kent, McKean, Moore, Niles, Parker, Prentiss, Rives, Robinson, Southard, Swift, Walker, Wall, Webster--17.

TRADE WITH BELGIUM.

The bill respecting the discriminating duties on Dutch and Belgian vessels and their cargoes coming up on its passage-

Mr. BUCHANAN said that, when this bill was before

the Executive was bound to enforce the provisions of the act of 1824 to both Governments. He trusted this would be done.

Mr. DAVIS, who had not been present when the bill was introduced, was desirous that the bill should lie over for one day, in order that he might have an opportunity to look a little into the returns stating the existing con dition of the trade, with a view of judging of the true cause of the present state of things. Possibly this act might be construed as an evidence that this Government was prepared to extend the relaxation of the provisions of the act of 1824, though he was very sure the Senator who introduced the bill had no such intention.

Mr. BUCHANAN concurred in the views expressed by the Senator from Kentucky, and explained that the proviso in this bill had been introduced with an express view to enable the President to apply the provisions of the act of 1824 to both Holland and Belgium.

Mr. CUTHBERT contended that the true standard by which to judge of the existing indulgence to Holland was not the immediate effect of it on the comparative navigation of the two countries, but its effect as an example and a precedent, which was likely to induce other nations to pursue the same course which had been adopted by the Dutch Government.

The question was then taken, and the bill was passed.

CUMBERLAND ROAD.

The Senate proceeded to the further consideration of the bill to continue the Cumberland road in the States of Ohio, Indiana, and Illinois.

*On motion of Mr. CLAY, the appropriations were so amended as to allow Ohio $190,000 in addition to the unexpended balance, Indiana $100,000, and Illinois $100,000; making an aggregate of $390,000, besides unexpended balances.

The remaining amendments, made as in Committee of the Whole, were severally considered, and, after a re

Pay of Volunteers--Increase of the Army.

of extravagance, designed chiefly to expend the money in the Treasury for objects not only unnecessary but pernicious. He went into some general observations on the corrupting tendency of the present course of policy, and then observed that every change that had been made in the army had gone to destroy its morale. He had not the least confidence that the proper materiel would be selected in the bestowment of the many prizes which this bill proposed to create. All must remember what bad been the history of the regiment of dragoons in this respect. Who had been appointed to command in that corps? In many instances cadets who had been discharged for misconduct in the Military Academy. Persons of this cast had been set over those who had gone through the whole course in that institution in a manner most highly creditable. The effect had been demoralizing, and he feared that the results of this bill would prove still more so. Mr. C. then proceeded in a course of general objection to all measures calculated to increase the powers of the General Government; dwelt on the central tendency of our system; the necessity of dimin ishing and generalizing the action of this Government, as our population increased. He compared the Government to a partnership. While there were but few partners, the regulations might be minute and particular; but when they were numerous, and amounted to hundreds, the system must be more general.

[SENATE.

and file, because it increases the general staff, and because it increases the expense of the army. It also further so happens that his report and his speech are not only on the same subject, but actually on the same measure! for the peace establishment of 1815 was authorized by a law which retained a force of 12,656 men; and this bill is to raise the present force of the army to about 12,500. The two establishments, then, are practically the same; the object of the present bill is to revive the establishment of 1815, with some diminution in the general staff, but, as establishments, they may be considered as the same. The Senator from South Carolina [Mr. CALHOUN] opposes the present increase, and opposes it in all its branches-rank and file, general staff, and expense; and he opposes it upon all the grounds which can be assumed against a standing army in time of peace-unnecessary, unwise, dangerous, contrary to republican maxims, only tending to expend public money without public advantage, alarmingly increasing the patronage of the Government, multiplying the sources of corruption, and endangering all that is dear in the eyes of the patriot, the sage, and the statesman, and preventing a distribution of the surplus. Very good, (said Mr. B.) Fine charges, these, against the 12,500 men proposed to be re-established by this bill! Let us see how they will be answered in a report in defence of the same establishment, when in fact they were 12,656; and when the population of the country was only half what it now is, and its frontier much less; for Florida was not then acquired.

Mr. B. then read:

Our chief arm of defence was the navy. This was exterior in its character, and less dangerous on the ground of patronage; and it would be his policy to increase this arm of the national force, and to render it respectable in the eyes of foreign nations. Then, this "In compliance with a resolution of the House of Rep. Government needed a sound Judiciary and a well-regu-resentatives, passed the 17th of April last, (1818,) lated Post Office; and beyond this he would not advance one inch. He concluded by remarks of a general character on the state of the Treasury, and the determination to expend the surplus, that it might not be returned to the people.

Mr. BENTON replied to the Senator from South Carolina, [Mr. CALHOUN,] and congratulated himself on the easy task which he had to perform in answering all his objections to this bill; for he had nothing to do but to bring the gentleman who was Secretary at War under Mr. Monroe's administration, to answer the gentleman who was now Senator in Congress from the State of South Carolina. The quondam Secretary would answer the Senator most completely; and to enable the Senate to make the full application of what he should read, he would first remind them of the circumstances under which the former Secretary at War had made the report, which was now to be produced as an answer to the Senator's speech.

directing the Secretary of War to report, at an early period of the next session of Congress, whether any, and, if any, what reduction may be made in the military peace establishment of the United States with safety to the public service,' &c., I have the honor to submit the following report:

"Pursuing the subject in the order in which it has been stated, the first question which offers itself for consideration is, whether our military establishment can be reduced with safety to the public service, or can its expenditures be with propriety reduced, by reducing the army itself.

*

*

*

*

"The military establishments of 1802 and 1808 have been admitted, almost universally, to be sufficiently small. The latter, it is true, received an enlargement from the uncertain state of our foreign relations at that time; but the former was established at a period of profound quiet, (the commencement of Mr. Jefferson's administration,) and was professedly reduced, with a It would be remembered, (said Mr. B.,) that at the view to economy, to the smallest number then supposed close of the late war with Great Britain, the war estab- to be consistent with the public safety, Assuming these lishment of the army was reduced to a peace establish- as a standard, and comparing the present establishment ment, and that this peace establishment was still further with them, and taking into comparison the increase of reduced in 1821, when the Treasury, from a dream of the country, a satisfactory opinion may be formed on a inexhaustible surplus revenue in which it had been in-subject which might otherwise admit of a great diversity dulging for a few years, was suddenly waked up to the of opinion. Our military peace establishreality of empty coffers, unavailable funds, and unrelia- ment is limited, by the act of 1815, passed at the terThe aggregate of the peace establish- mination of the late war, at 10,000 men. The corps of ment of 1815 was 12,656. In the year 1818 it was pro- engineers and of ordnance, by that and a subsequent act, posed in Congress to reduce that number; and to enable were retained as they then existed; and the President members to act with full information on the subject, the was directed to constitute the establishment of such Secretary of War, then happening to be the present portions of artillery, infantry, and riflemen, as he might Senator from South Carolina now objecting to this bill, judge proper. The general orders of the 17th of May, was called upon to report whether, with safety to the 1815, fix the artillery at 3,200; the light artillery at public service, any reduction could be made, either in 660; the infantry 5,440; and the rifle 660 privates and the rank and file of the army, or in the general staff, or matrosses. Document A exhibits a statement of the in the expense of the establishment itself. The Secre- military establishment, including the general staff, as at tary answered upon all three points; and it so happens present organized; and B exhibits & similar view of those that he has spoken to the same three points this day. He of 1802 and 1808; by a reference to which it will aphas objected to this bill because it increases the rank pear that our military establishments, at the respective

ble resources.

SENATE.]

Increase of the Army.

[FEB. 16, 1837.

"In fact, no part of our military organization requires more attention in peace than the general staff. It is in every service invariably the last in attaining perfection; and, if neglected in peace, when there is leisure, it will be impossible, in the midst of the hurry and bustle of war, to bring it to perfection. It is in peace that it should receive a perfect organization, and that the offi cers should be trained to method and punctuality; so that, at the commencement of a war, instead of creating anew, nothing more should be necessary than to give to it the necessary enlargement. In this country, particu. larly, the staff cannot be neglected with impunity. Diffi cult as its operations are in actual service every where, it has here to encounter great and peculiar impediments, from the extent of the country, the badness and fre

periods, taken in the order of their dates, present an aggregate of 3,323, 9,996, and 12,656. It is obvious that the establishment of 1808, compared with the then population and wealth of the country, the number and extent of military posts, is larger in proportion than the present; but the unsettled state of our relations with France and England at that period renders the comparison not entirely just. Passing, then, that of 1808, let us compare the establishment of 1802 with the present. To form a correct comparison, it will be necessary to compare the capacity and necessities of the country then with those of the present time. Since that period our population has nearly doubled, and our wealth more than doubled. We have added Louisiana to our possessions, and with it a great extent of frontier, both maritime and inland. With the extension of our frontier,quently the want of roads, and the sudden and unex. and the increase of our commercial cities, our military posts and fortifications have been greatly multiplied.

If, then, the military establishment of 1802 be assumed to be as small as was then consistent with the safety of the country, our present establishment, when we take into the comparison the prodigious increase of wealth, population, extent of territory, number and distance of military posts, cannot be pronounced extravagant; but, on the contrary, after a fair and full comparison, that of the former period must, in proportion to the necessities and capacity of the country, be admitted to be quite as large as the present; and, on the assumption that the establishment of 1802 was as small as the public safety would then admit, a reduction of the expense of our present establishment cannot be made, with safety to the public service, by reducing the army. In coming to this conclusion, I have not overlooked the maxim that a large standing army is dangerous to the liberty of the country, and that our ultimate reliance for defence ought to be on the militia. To consider the present army as dangerous to our liberty partakes, it is conceived, more of timidity than wisdom.

ence.

*

"The staff, as organized by the act of the last session, combines simplicity with efficiency, and is considered to be superior to that of the periods to which I have referIn estimating the expenses of the army, and particularly that of the staff, the two most expensive branches of it (the engineer and ordnance departments) ought not fairly to be included. Their duties are connected with the permanent preparation and defence of the country, and have so little reference to the existing military establishment, that if the army were reduced to a single regiment, no reduction could safely be made in either of them. To form a correct estimate of the duties of the other branches of the staff, and consequently the number of officers required, we must take into consid eration not only the number of the troops, and, consequently, the number of officers required, but, what is equally essential, the number of posts and extent of country which they occupy. Were our military establishment reduced one half, it is obvious that, if the same posts continued to be occupied which now are, the same number of officers in the quartermaster's, commissary's, paymaster's, medical, and adjutant and inspector general's departments would be required.

"To compare, then, as it is sometimes done, our staff with those of European armies assembled in large bodies, is manifestly unfair. The act of the last session, it is believed, has made all the reduction which ought to be attempted. It has rendered the staff efficient, without making it expensive. Such a staff is not only indispensable to the efficiency of the army, but is also necessary to a proper economy of its disbursements; and should an attempt be made at retrenchment, by reducing the present number, it would, in its consequences, probably prove wasteful and extravagant.

pected calls which are often made on the militia. If it could be shown that the staff, in its present extent, was not necessary in peace, it would, with the view taken, be unwise to lop off any of its branches which would be necessary in actual service. With a defective staff, we must carry on our military operations under great disadvantages, and be exposed, particularly at the commencement of a war, to great losses, embarrassments, and disasters.

*

"The next question which presents itself for consideration is, can the expenses of our military establish. ment be reduced without injury to the public service, by reducing the pay and emoluments of the officers and soldiers? There is no class in the community whose compensation has advanced less, since the termination of the war of the Revolution, than that of the officers and soldiers of our army. While money has depreciated more rapidly than at any other period, and the price of all the necessaries of life has advanced proportionably, their compensation has remained nearly stationary. The effects are severely felt by the subaltern officers. It requires the most rigid economy for them to subsist on their pay and emoluments. Documents marked F and G exhibit the pay and subsistence during the Revolu tion and as at present established; and document marked H exhibits the allowance of clothing, fuel, forage, transportation, quarters, waiters, stationery, and straw, at the termination of the revolutionary war, and in 1802, 1815, and 1818. By a reference to those documents it will be seen that, under most of the heads, the variations of the different periods have been very small, and that, on a comparison of the whole, the pay of an officer is not near equal now (if allowance is made for the depreciation of money) to what it was during the Revolution. I will abstain from further remarks, as it must be obvious, from these statements, that the expense of our military establishment cannot be materially reduced without injury to the public service, by redu cing the pay and emoluments of the officers and sol diers."

Having read these extracts from the report of the then Secretary at War, and now Senator from South Carolina, [Mr. CALHOUN,] Mr. B. said that every word of it applied with double force in favor of the bill which that Senator was now opposing. Every reason which he gave against reducing the military establishment in 1818 applies with double force in favor of raising it now to what it was then. That report was then sanctioned by Congress. It prevented the reduction of the army. Not a man was reduced at that time, nor for three years afterwards, nor until the exhausted state of the Treasury compelled reduc tions of expense at all practicable points, and included the army in the objects on which retrenchment fell. The report prevented the reduction in 1818; the emptiness of the Treasury caused the reduction in 1821; and now, when the Treasury is full again, and when the wants of the service are so urgent for an increased force, and