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occasion, in particular places, to some degree of discontent. But it is satisfactory to know that this disposition yields to proper explanations, and more just apprehensions of the true nature of the law. And I entertain a full confidence that it will, in all, give way to motives which arise out of a just sense of duty, and a virtuous regard to the public welfare. "If there are any circumstances in the law, which, consistently with its main design may be so varied as to remove any well intentioned objections that may happen to exist, it will comport with a wise moderation to make the proper variations. It is desirable on all occasions, to unite with a steady and firm adherence to constitutional and necessary acts of government, the fullest evidence of a disposition, as far as may be practicable, to consult the wishes of every part of the community, and to lay the foundations of the public administration in the affections of the people."

The answers of the two houses noticed, briefly and generally, the various topics of the speech; and, though perhaps less warm than those of the preceding congress, manifested great respect for the executive magistrate, and an undiminished confidence in his patriotic exertions to promote the public interests.

Among the first subjects of importance which engaged the attention of the legislature, was a bill " for apportioning representatives among the people of the several states according to the first enumeration." The constitution, in its original form, had affixed no other limits to the power of congress over the numbers of which the house of representatives might consist, than that there should not be more than one member for every thirty thousand persons; but that each state should be entitled to at least one. Independent of the general considerations in favour of a more or less numerous representation in the popular branch of the legislature, there was one of a local nature, whose operation, though secret, was extensive, which gave to this question a peculiar interest. To whatever number of persons a representative might be allotted, there would still remain a fraction, which would be greater or less in each state, according to the ratio which congress should adopt between representation and population. The relative power of states, in one branch of the legislature, would consequently be affected by this ratio; and to questions of that description, few members can permit themselves to be inattentive.

This bill, as originally introduced into the house of representatives, gave to each state one member for every thirty thousand persons. On a motion to strike out the number thirty thousand, the debate turned chiefly on the policy and advantage of a more or less numerous house of representatives; but with the general arguments suggested by the sub

ject, strong and pointed allusions to the measures of the preceding cou gress were interspersed, which indicated much more serious hostility to the administration than had hitherto been expressed. Speaking of the corruption which he supposed to exist in the British house of commons, Mr. Giles said that causes essentially different from their numbers, had produced this effect. "Among these, were the frequent mortgages of the funds, and the immense appropriations at the disposal of the executive."

"An inequality of circumstances," he observed, " produces revolutions in governments, from democracy, to aristocracy, and monarchy. Great wealth produces a desire of distinctions, rank, and titles. The revolutions of property, in this country, have created a prodigious inequality of circumstances. Government has contributed to this inequality. The bank of the United States is a most important machine in promoting the objects of this monied interest. This bank will be the most powerful engine to corrupt this house. Some of the members are directors of this institution; and it will only be by increasing the representation, that an adequate barrier can be opposed to this monied interest." He next adverted to certain ideas, which, he said, had been disseminated through the United States. "The legislature," he took occasion to observe, "ought to express some disapprobation of these opinions. The strong executive of this government," he added, "ought to be balanced by a full representation in this house."

Similar sentiments were advanced by Mr. Findley.

After a long and animated discussion, the amendment was lost, and the bill passed in its original form.

In the senate, it was amended by changing the ratio, so as to give one representative for every-thirty three thousand persons in each state; but this amendment was disagreed to by the house of representatives; and each house adhering to its opinion, the bill fell; but was again introduced into the house of representatives, under a different title, and in a new form, though without any change in its substantial provisions. After a debate in which the injustice of the fractions produced by the ratio it adopted was strongly pressed, it passed that house. In the senate, it was again amended, not by reducing, but by enlarging the number of representatives.

The constitution of the United States declares that "representatives and direct taxes shall be apportioned among the several states which may be included within this union according to their respective numbers ;" and that "the number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representa

tive." Construing the constitution to authorize a process by which the whole number of representatives should be ascertained on the whole population of the United States, and afterwards "apportioned among the several states according to their respective numbers," the senate applied the number thirty thousand as a divisor to the total population, and taking the quotient, which was one hundred and twenty, as the number of representatives given by the ratio which had been adopted in the house where the bill had originated, they apportioned that number among the several states by that ratio, until as many representatives as it would give were allotted to each. The residuary members were then distributed among the states having the highest fractions. Without professing the principle on which this apportionment was made, the amendment of the senate merely allotted to the states respectively, the number of members which the process just mentioned would give. The result was a more equitable apportionment of representatives to population, and had the rule of construing that instrument been correct, the amendment removed objections which were certainly well founded. But the rule was novel, and overturned opinions which had been generally assumed, and were supposed to be settled. In one branch of the legislature it had already been rejected; and in the other, the majority in its favour was only one. In the house of representatives, the amendment was supported with considerable ingenuity.

After an earnest debate, however, it was disagreed to, and a conference took place without producing an accommodation among the members composing the committee. But finally, the house of representatives receded from their disagreement; and, by a majority of two voices, the bill passed as amended in the senate.

On the President, the solemn duty of deciding, whether an act of the legislature consisted with the constitution; for the bill, if constitutional, was unexceptionable.

In his cabinet, also, a difference of opinion is understood to have existed; the secretary of state and the attorney general were of opinion that the act was at variance with the constitution; the secretary at war was rather undecided; and the secretary of the treasury, thinking that, from the vagueness of expression in the clause relating to the subject, neither construction could be absolutely rejected, was in favour of acceding to the interpretation given by the legislature.

After weighing the arguments which were urged on each side of the question, the President was confirmed in the opinion that the population of each state, and not the total population of the United States, must give the numbers to which alone the process by which the number of repre

sentatives was to be ascertained could be applied. Having formed this opinion, to a correct and independent mind the course to be pursued was a plain one. Duty required the exercise of a power which a President of the United States will always find much difficulty in employing; and he returned the bill to the house in which it originated, accompanied with his objections to it. In observance of the forms prescribed in the constitution, the question was then taken on its passage by aves and noes, and it was rejected. A third bill was soon afterwards introduced, apportioning the representatives on the several states at a ratio of one for every thirty-three thousand persons in each state, which passed into a law. Thus was this interesting part of the American constitution finally settled.

During this session of congress, an act passed for establishing a uniform militia.

The President had manifested, from the commencement of his administration, a peculiar degree of solicitude on this subject, and had repeatedly urged it on congress.

In his speech at the opening of the present session, he again called the attention of the legislature to it; and, at length, a law was enacted which, though less efficacious than the plan reported by the secretary of war, will probably, not soon, be carried into complete execution.

In December, intelligence was received by the President, and immediately communicated to congress, that the American army had been totally defeated on the fourth of the preceding month.

Although the most prompt and judicious measures had been taken to raise the troops, and to march them to the frontiers, they could not be assembled in the neighbourhood of fort Washington until the month of September, nor was the establishment even then completed.

* The following is the message which he delivered on this occasion. Gentlemen of the house of representatives—

I have maturely considered the act passed by the two houses, entitled "an act for the apportionment of representatives among the several states according to the first enumeration," and I return it to your house, wherein it originated, with the following objections.

First. The constitution has prescribed that representatives shall be apportioned among the several states according to their respective numbers, and there is no propor tion or divisor which, applied to the respective numbers of the states, will yield the number and allotment of representatives proposed by the bill.

Secondly. The constitution has also provided, that the number of representatives shall not exceed one for thirty thousand, which restriction is by the context, and by fair and oovious construction, to be applied to the separate and respective numbers of the states, and the bill has allotted to eight of the states more than one for thirty housand.

The immediate objects of the expedition were, to destroy the Indian Villages on the Miamis, to expel the savages from that country, and to connect it with the Ohio by a chain of posts which would prevent their return during the war.

On the seventh of September, the regulars moved from their camp in the vicinity of fort Washington, and marching directly north, towards the object of their destination, established two intermediate posts* at the distance of rather more than forty miles from each other, as places of deposite, and of security either for convoys of provision which might, follow the army, or for the army itself should any disaster befall it. The last of these works, fort Jefferson, was not completed until the 24th of October, before which time reinforcements were received of about three hundred and sixty militia. After placing garrisons in the forts, the effective number of the army, including militia, amounted to rather less than two thousand men. With this force, the general continued his march, which was rendered both slow and laborious by the necessity of opening a road. Small parties of Indians were frequently seen hovering about them, and some unimportant skirmishes took place. As the army approached the country in which they might expect to meet an enemy, about sixty of the militia deserted in a body. This diminution of force was not, in itself, an object of much concern. But there was reason to fear that the example, should those who set it be permitted to escape with impunity, would be extensively followed; and it was reported to be the intention of the deserters, to plunder convoys of provisions which were advancing at some distance in the rear. To prevent mischiefs of so serious a nature, the general detached Major Hamtranck with the first regiment in pursuit of the deserters, and directed him to secure the provisions under a strong guard.

The army, consisting of about fourteen hundred effective rank and file, continued its march; and, on the third of November, encamped about fifteen miles south of the Miamis villages. The right wing under the command of General Butler formed the first line, and lay with a creek, about twelve yards wide, immediately in its front. The left wing commanded by Lieutenant Colonel Darke, formed the second; and between the two lines, was an interval of about seventy yards. The right flank was supposed to be secured by the creek, by a steep bank, and by a small body of troops, the left was covered by a party of cavalry, and by piquets. The militia crossed the creek, and advanced about a quarter

Forts Hamilton and Jefferson.

+ In his official letter, General St. Clair says that the ground would not admit a larger interval.

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