H. OF R.] · The Militia. I hope we have shown that we have strong reasons to suspect that the present militia system is not the best that can be devised. We have shown this from the best testimony in our power from the adoption of the constitution to this day. From the communications of the President of the United States to Congress, and from State Governors to the State Legislatures, it may be seen that the subject has almost always been introduced and recommended to the consideration of the Legislatures. If this is not the best system that can be adopted, I am will-youth, and can confide in him. ing that any gentleman should propose a better. Let us see any other system, we will examine it thoroughly and act with our best judgment on it. This is a time when the whole United States are in danger, and some modification of our present system must be made. (JANUARY, 1808. always be found peculiarly qualified to conduct their companions to the fight-young men of high standing and weight of character. The soldiers, having themselves choice of their commander, will choose one out of many candidates, as there always will be, in whom they can confide. I presume, young men of first talents and enterprise will have preference. Let them have a man to command them of their own age. They will say one to the other, I know this man; I have known him from my Towards the close of the last war the militia began to fight very well. In Kentucky the fighting men were numerous. After the attempt of the army at the close of the war, to turn their arms against their country, Government placed their soldiers when out of service on the frontier, with the natives on their borders, with whom we were then at war. Virginia gave lands to her soldiers which were in the background. Why? Because it would not do to ⚫ fix these men of seven or eight years, standing among the body of the people. We will give them this land, said the officers of Government, and let them go and fight the Indians. The reason was, that they had served seven or eight years in the regular army. This fungus, a standing army, was applied on our frontiers as a breastwork and safeguard, to keep off the savages; we wanted to keep them out of the way. We could have burnt up the Indian towns and put an end to the whole race immediately; but we did not wish to do it; we wished to keep our old soldiers fighting till they cooled off from the habit of inactivity acquired by service in the war. We have endeavored to show that volunteers will do but for a moment, and that when there is nothing to do, and they can have both male and female waiting upon them. They cannot be relied on in war. They are not the kind of troops for service when invaded by a powerful enemy. Volunteers may do for sailors or marines, if they choose to go to sea. We have endeavored to show that classification is the only mode by which they can be relied on for the real service of their country; that old men are not the best for service; that young men under twenty-one ought to be kept at home till they get enough of experience to serve them through life; and that young men, over twentyone and under twenty-six, have a propensity to be in action, to serve their country and to acquire fame. Some gentlemen make objections to the mode of officering. I have no doubts upon that subject; the thing will work well-this the constitution has reserved to the States themselves. When officers are wanting, young men can As a reward for the services of these young men, after a campaign is ended, let them keep as their own property the arms with which they fought, which will be handed down from father to son: "This is the piece I fought with." Let it be engraven on the barrel, this belongs to such a one, he earned it by serving his country at such a time. After men have served one year, sufficient numbers will be found to replace them, who will be anxious to see the country, and travel over the Union, emulous of fame: and when they have served a tour will long to return to their kindred loaded with an honorable pledge of the service done their country. It is certainly a desirable thing that the phy cal strength of the country should be applied in the most advantageous manner to the protection of the country. We admit that some men marry early. In this case let them hire men as substitutes from their own class. This substitute may serve out his time and retura By that time another young man may have married, and his substitute, being accustomed to service, may go out a second term. By the adoption of this principle of classification you get the best blood of the country, that which you can rely upon. You will not see your hospitals filled with old men disabled by the rheumatism and gout; nor will you see chil dren in the ranks, trembling at every leaf that falls around them, not sufficiently hardened to lie out upon the ground covered with ice and snow. If we go on in the same bungling matner as heretofore, we shall never have an effcient militia; you will annually receive the President's Message recommending the subject to your consideration. I hope gentlemen will think with me, and not impute impure motives-the fact is, I have two sons that will soon be twenty-one, and I love them as much as any man can, and perhaps can say what few can. The first prop erty I gave each of them was a gun; and have enjoined it on them in my will, that it I was given them to defend that country which their father had assisted in delivering from bondage. My son's gun will impress on his mind that he must fight when his country calls for his services; it is his fortune. I hope gentlemen will take a serious view of the subject that every man will lay his shoulder to the wheel, and rise up to the East and West, South and North, to prepare for the JANUARY, 1808.] protection of his domicil. You may exercise your militia from the age of eighteen, till they arrive at forty-five, and after the whole twenty-seven years mustering they will not know the manual. My object is not to call out any man until he is wanted; and when they are wanted, to call them out, and in one fortnight they will be ready for service, and in a month may take the field, already soldiers-comparatively speaking. There will attend this system no expense in time of peace. I have seen a number of projects for taking legions into camp for six months at a time. The project will not do. When you take your men to the field, let them think of nothing else but fighting-not even of women. These half-way soldiers, half regulars and half militia, would be of no account. They would be a heterogeneous mass, fit for neither the one thing nor the other. * WEDNESDAY, January 20. OLUTIONS. The Message from the PRESIDENT OF THE Some days previous to your resolutions of the thirteenth instant, a Court of Inquiry had been instituted at the request of General Wilkinson, charged to make the inquiry into his conduct which the first resolution desires, and had commenced their proceedings. To the Judge Advocate of that court, the papers, and information on that subject, transmitted to me by the House of Representatives, have been delivered, to be used according to the rules and powers of that Gentlemen have said that this was a new project, that it will create confusion now, when the service of our militia is most wanting. It is because of the crisis that I have at this moment brought the matter forward. The present system is acknowledged to be defective; we wish to make it as efficient as possible-that our countrymen may know who must march at a moment's warning. In Virginia, during the last war, young men, merchants, lawyers, and doctors, went out to battle, stayed two or three weeks, took sick, and went home. As long as every door was open, the hand of every man giving them friendship, and caressed by every woman, they stood their ground; but when dependence was placed on them for service, they were off. I recollect a circumstance of some new militia just come into camp on the eve of a battle. The time of battle soon came; these men were placed in front; but no sooner did the redcoats, as they called the English, come within one hundred yards, than they threw down their arms and ran as though their lives depended alogether on their THE PRESIDENT'S ANSWER TO THE HOUSE RESheels for preservation. When they were asked, where are you going, boys? Did you ever see the like, said they, we cannot stand them. When the red-coats come now it will be just the same. Substitutes towards the close of a war become good soldiers. I know that substitutes are objected to by some gentlemen, they wish every man to stand in his own place, all to stand on the same footing. In my humble opinion this would be bad policy, because all men have not the same gifts. Some cannot fight, from religious principles-others cannot fight for the want of nerve. The bill has made provision for such, if they cannot fight let them furnish a substitute. We know all men The request of a communication of any information which may have been received at any time are not gifted alike: the strength of some lies since the establishment of the present Government, in one way, and in others another; Samson's touching combinations with foreign agents for dislay in his hair. Now on this floor, some gen-membering the Union, or the corrupt receipt of money tlemen of strong minds, who think a great by any officer of the United States from the agents deal, never talk; while some who talk inces- of foreign governments, can be complied with but in santly, appear never to think at all. It cer- a partial degree. tainly would be a great economizing of public It is well understood that, in the first or second time and money, for some to think more and year of the Presidency of General Washington, intalk less. I am not in the habit of public speak-formation was given to him relating to certain coming, not being mechanically bred to it; I nevertheless offer my mite in support of the proposed system. It is a great project; and although not fluent of speech, yet I am willing to be tested by my votes and actions, from the year 1776, the time I commenced my political career, to the present day; and I defy any man to say that I ever gave other than a republican vote, or did any other than a republican act, while acting as a public man. I know the word republican is with some a hackneyed word; but I mean the true electric principles of Republican Government. I went young into the army myself, I was never out of it, after I entered it, until the conclusion of the war. have been thirty-two years in public life. mention this to show that I am entitled to claim a knowledge of mankind. I I court. binations with the agents of a foreign Government binations had taken place before the establishment for the dismemberment of the Union; which commation, however, is believed never to have been deof the present Federal Government. This inforposited in any public office, or left in that of the since been adopted in practice by all the States, except in the classification of the militia and the estimate of volun * This is a sensible speech, and its recommendations have teers. Experience-that of the war of 1812, and the late war with Mexico-has since proved that volunteers may be relied upon for all active service in the United States, either at home or abroad; and that, with the facilities of railroad transportation, such accumulated masses may be thrown upon any point as to crush any invading force. In fact, with railroads and volunteers, the idea of invasion has become obsolete, and the word never mentioned except from habit and past associations. President's Secretary; these having been duly examined; but to have been considered as personally confidential, and therefore retained among his private papers. A communication from the Governor of Virginia to President Washington, is found in the office of the President's Secretary, which, although not strictly within the terms of the request of the House of Representatives, is communicated, inasmuch as it may throw some light on the subjects of the correspondence of that time, between certain foreign agents and citizens of the United States. [JANUARY, 1808. all to the corrupt receipt of money by any officer of the United States; consequently they respected what was considered as a dead matter, known to the preceding Administrations, and offering nothing new to call for investigations, which those nearest the dates of the transactions had not thought proper to institute. But In the course of the communications made to me on the subject of the conspiracy of Aaron Burr, I sometimes received letters, some of them anonymous, some under names true or false, expressing suspicions In the first or second year of the Administration and insinuations against General Wilkinson. of President Adams, Andrew Ellicott, then em- only one of them, and that anonymous, specified any ployed in designating, in conjunction with the Span-particular fact, and that fact was one of those which ish authorities, the boundaries between the Terri- had been already communicated to a former Adtories of the United States and Spain, under the ministration. treaty with that nation, communicated to the Executive of the United States papers and information respecting the subjects of the present inquiry, which were deposited in the Office of State. Copies of these are now transmitted to the House of Representatives, except of a single letter and a reference from the said Andrew Ellicott, which, being expressly desired to be kept secret, is therefore not communicat-ing General Wilkinson with the corrupt receipt of ed; but its contents can be obtained from himself in a more legal form; and directions have been given to summon him to appear as a witness before the Court of Inquiry. A paper "on the commerce of Louisiana," bearing date the eighteenth of April, one thousand seven hundred and ninety-eight, is found in the office of State, supposed to have been communicated by Mr. Daniel Clark, of New Orleans, then a subject of Spain, and now of the House of Representatives of the United States, stating certain commercial transactions of General Wilkinson, in New Orleans; an extract from this is now communicated, because it contains facts which may have some bearing on the questions relating to him. The destruction of the War Office by fire, in the close of one thousand eight hundred, involved all information it contained at that date. The papers already described, therefore, constitute the whole of the information on these subjects, deposited in the public offices, during the preceding Administration, as far as has yet been found; but it cannot be affirmed that there may be no other, because the papers of the office being filed, for the most part, alphabetically, unless aided by the suggestion of any particular name which may have given such information, nothing short of a careful examination of the papers in the offices generally, could authorize such an affirmation. About a twelvemonth after I came to the administration of the Government, Mr. Clark gave some verbal information to myself, as well as to the Secretary of State, relating to the same combinations for the dismemberment of the Union. He was listened to freely; and he then delivered the letter of Governor Gayoso, addressed to himself, of which a copy is now communicated. After his return to New Orleans, he forwarded to the Secretary of State other papers, with a request that, after perusal, they should be burnt. This however was not done; and he was so informed by the Secretary of State, and that they would be held subject to his orders. These papers have not yet been found in the office. A letter therefore has been addressed to the former Chief Clerk, who may, perhaps, give information respecting them. As far as our memories enable us to say, they related only to the combinations before spoken of, and not at No other information within the purview of the request of the House, is known to have been received by any Department of the Government, from the establishment of the present Federal Government. That which has been recently communicated to the House of Representatives, and by them to me, is the first direct testimony ever made known to me, charg money; and the House of Representatives may be assured that the duties which this information devolves on me, shall be exercised with rigorous impartiality. Should any want of power in the court to compel the rendering of testimony obstruct that full and impartial inquiry, which alone can establish guilt or innocence and satisfy justice, the legislative authority only will be competent to the remedy. JANUARY 20, 1808. TH. JEFFERSON. The said Message, together with sundry documents accompanying the same, were read, and referred to Mr. JOHN MONTGOMERY, Mr. NICHOLAS, Mr. UPHAM, Mr. SMILIE, Mr. TAYLOR, Mr. G. W. CAMPBELL, and Mr. JEDEDIAH K. SMITH, with instructions to report thereon by bill, or otherwise. [The following are the documents communicated with his Message by the President:] WAR DEPARTMENT, Jan. 2, 1808. In compliance with a request from Brigadier-General James Wilkinson, the President of the United States has directed a court of inquiry to be instituted, for the purpose of hearing such testimony as may be produced in relation to the said General James Wilkinson's having been, or now being, a pensioner to the Spanish Government, while holding a commission under the Government of the United States. Colonel Henry Burbeck, as President, Colonel Thomas H. Cushing and Lieutenant-Colonel Jonsthan Williams, as members, are hereby directed to meet at the city of Washington, on Monday, the 11th day of the present month of January, as a court of inquiry, for the purpose above stated; and, after a full investigation of such evidence and circumstances as may come to their knowledge, the court will report to this Department a correct statement of its proceedings, together with its opinion on the amount of testimony exhibited. Walter Jones, Esquire, District Attorney for the District of Columbia, will be requested to act ss Judge Advocate or Recorder to the court. H. DEARBORN, Secretary of War. Col. HENRY BURBECK, President Court of Inquiry. General Wilkinson. RICHMOND, May 31, 1790. reservedly, and in the most confidential manner, give you my opinion on the same subject. the treaty concerning limits will never be accomI have powerful reasons to believe that the part of SIR: The enclosed copy of a letter from the Spanish Governor of New Orleans to a respectable gentleman in Kentucky, was handed to me by Mr. Banks of this city. As the subject of this paper appears in-plished; and for that reason so little has been said on what otherwise should be detailed concerning the teresting to the United States, I have taken the liberty to forward it to you. I am, with the highest respect, Your most obedient servant, BEVERLY RANDOLPH. subjects and citizens of both countries. The State of Georgia is as much displeased as you express yourself, and several petitions have already been presented to Congress against the treaty. In the time that the treaty was signed, the political affairs of Europe determined our Court to do any thing to keep the United States in a perfect neutrality, and thereby destroy a new plan that was forming to renew and continue a destructive war. The treaty with England had a different object. It was to at NEW ORLEANS, Sept. 16, 1789. SIR: General Wilkinson having represented to me, that you had it in contemplation to settle in this province, and that your example would have contract the Americans to their interest in such a mansiderable influence on many good families of your ner as to have still in her power to keep them decountry, I think it my duty, in order to forward the pendent; the plan has fallen through, and the British intentions of my royal master, to inform you that I will no longer deliver the posts. Our treaty that shall receive you and your followers with great pleas-was made to counterbalance that, will suffer equal ure, and that you have liberty to settle in any part of Louisiana, or any where on the east side of the Mississippi below the Yazoo river. In order to populate the province, His Majesty has been graciously pleased to authorize me to grant to the emigrants, free of all expense, tracts of from two hundred and forty to eight hundred acres, in proportion to their property; and in particular cases of men of influence, who may aid these views, I shall extend the grant as far as three thousand acres. To all persons who actually become settlers, liberty is granted to bring down their property in the produce of your country, duty free; but the King does not agree to take your tobacco, and, of consequence, you must depend upon the common market of this city, as the province makes more than the quantity which the King allows me to take. I mention this particular to prevent disappointment. You will be exempt from taxation, and will be allowed the private exercise of your religion without molestation from any person whatever, and will enjoy all the rights, privileges, and immunities of His Majesty's other subjects. difficulties; for the circumstances being altered, so will be the conditions on every side. Spain made a treaty with the Union; but if this Union is dissolved, one of the contracting parties exists no longer, and the other is absolved from her engagements. It is more than probable that a separation of several States will take place, which will alter the political existence of a power that could influence on the balance of that of others; therefore Spain, being deprived of that assistance which could arise from her connection with the Union, will alter her views. This is the political situation of things with regard to the treaty; besides that, there are other insurmountable difficulties with respect to the Indians, which render impracticable the execution of the part concerning limits; therefore, even when no change should happen in the United States, the treaty will be reduced to the navigation of this river. Laying aside every obstacle, and only guided by the same principles that have affected you, I have already represented in the strongest and most enerIn order to cultivate an amicable connection with out a solution from Court, it will be out of our power getic manner on the subject of real property; withthe settlers of the Ohio, His Majesty has been gra- to fulfil the contents of the treaty. When I told you ciously pleased, at the same time, to give liberty to that your property should not suffer in this Governthe inhabitants of that country to bring down their ment, it was founded on all these principles, and seveproduce to this city for sale, subject to a duty of fif-ral others that are not vanished. I have constantly teen per cent. on the value here; but to prevent imposition, and to distinguish between the real settler and the trader, the former, on entering their produce at the custom-house, will be obliged to subscribe to the conditions mentioned in the proclamation, of which General Wilkinson carries a copy for your information. Though unknown to you, General Wilkinson has taught me to respect your character. It is, therefore, I subscribe myself, with great esteem, your most obedient and humble servant, ESTEVAN MIRO. BENJAMIN SEBASTIAN, Esq., Kentucky. Attest: S. COLEMAN, A. C. C. NATCHEZ, June 17, 1796. MY DEAR FRIEND: I received your favor of the 12th instant, in which you give me a proof of your sincere friendship by opening your heart, without reserve, on the interesting subject of the treaty. Following the same sentiments that have dictated to you the confidence that you have in me, I shall un been a friend to the country, and in this critical moment will not neglect its interests. Be sure, and assure all your neighbors, that I will do the needful, and that my exertions at all times shall be in proportion to the exigency. With regard to the debts of this Government, they will continue to be paid in the manner prescribed; however, I shall act in such a manner as to have them cleared much sooner than what is expected. Every individual of this Government is just now attending their crops of cotton, that promise very advantageously; therefore in this critical moment they must not be disturbed, or they will suffer essentially. I am waiting anxiously for Mr. Dunbar to regulate several things in which he has had, and is to have an interference. I really believe that the Baron has him employed. I do not know for certain when the Baron is to go to the Havana, nor do I believe that he knows it. The first packet may perhaps throw some light on the subject. The return of our Court to Madrid will be productive of some very great change in the administration of our affairs; therefore I wait that moment with impatience. Governor Miro, a weak man, unacquainted with the American Government, ignorant even of the position of Kentucky with respect to his own province, but alarmed at the very idea of an irruption of Kentucky men, whom he feared without knowing their strength, communicated his wishes to the Intendant that the guard might be removed from the boat, P. S.-In the other letter I express the reason of which was accordingly done; and a Mr. Patterson, my new regulation, &c. DANIEL CLARK, Esq. Extract from a paper on the commerce of Louisiana, supposed to be referred to in a letter from Mr. Daniel Clark to the Secretary of State, of the 18th April, 1798, and written by him. who was the agent of the General, was permitted to take charge of the property on board, and to sell it free of duty. The General, on his arrival in Orleans some time after, was informed of the obligation he lay under to the merchant who had impressed the Government with such an idea of his importance and influence at home, waited on him, and, in concert with him, formed a plan for their future operaAbout the period of which we are now speaking, tions. In his interview with the Governor, that he in the middle of the year 1787, the foundation of an might not seem to derogate from the character given intercourse with Kentucky and the settlements on of him by appearing concerned in so trifling a busithe Ohio was laid, which daily increases. Previousness as a boat-load of tobacco, hams, and butter, he to that time, all those who ventured on the Missis- gave him to understand that the property belonged to sippi had their property seized by the first command- many citizens of Kentucky, who, availing themselves ing officer whom they met, and little or no commu- of his return to the Atlantic States by way of Ornication was kept up between the countries. Now leans, wished to make a trial of the temper of this and then, an emigrant who wished to settle in Government, as he, on his arrival, might inform his Natchez, by dint of entreaty, and solicitation of friends own what steps had been pursued under his eye, that who had interest in New Orleans, procured permis- adequate measures might be afterwards taken to sion to remove there with his family, slaves, cattle, procure satisfaction. He acknowledged with gratifurniture, and farming utensils; but was allowed to tude the attention and respect manifested by the bring no other property, except cash. An unexpect- Governor towards himself in the favor shown to his ed incident, however, changed the face of things, and agent; but at the same time mentioned that he was productive of a new line of conduct. The arri- would not wish the Governor to expose himself to the val of a boat, belonging to General Wilkinson, load- anger of his Court by refraining from seizing on the ed with tobacco and other productions of Kentucky, boat and cargo, as it was but a trifle, if such were is announced in town, and a guard was immediately the positive orders from Court, and that he had not a sent on board of it. The General's name had hin- power to relax them according to circumstances. dered this being done at Natchez, and the command- Convinced by this discourse that the General rather ant was fearful that such a step might be displeasing wished for an opportunity of embroiling affairs than to his superiors, who might wish to show some re- sought to avoid it, the Governor became more spect to the property of a general officer; at any alarmed. For two or three years before, particularly rate, the boat was proceeding to Orleans, and they since the arrival of the Commissioners from Georgia, would then resolve on what measures they ought to who had come to Natchez to claim that country, he pursue, and put in execution. The Government, not had been fearful of an invasion at every annual rise much disposed to show any mark of respect or for- of the waters, and the news of a few boats being seen bearance towards the General's property, he not was enough to alarm the whole province. He rehaving at that time arrived, was about proceeding involved in his mind what measures he ought to pursue the usual way of confiscation, when a merchant in (consistent with the orders he had from home to perOrleans, who had considerable influence there, and mit the free navigation of the river) in order to keep who was formerly acquainted with the General, rep- the Kentucky people quiet; and, in his succeeding resented to the Governor that the measures taken by interviews with Wilkinson, having procured more the Intendant would very probably give rise to disa- knowledge than he had hitherto acquired of their greeable events; that the people of Kentucky were character, population, strength, and dispositions, he already exasperated at the conduct of the Spaniards thought he could do nothing better than hold out a in seizing on the property of all those who navigated bait to Wilkinson to use his influence in restraining the Mississippi; and, if this system was pursued, they the people from an invasion of this province till he would very probably, in spite of Congress and the could give advice to this Court, and require further Executive of the United States, take upon themselves instructions. This was the point to which the parto obtain the navigation of the river by force, which ties wished to bring him, and, being informed that they were well able to do; a measure for some time in Kentucky two or three crops were on hand, for before much dreaded by this Government, which had which, if an immediate vent was not found, the no force to resist them, if such a plan was put in ex- people could not be kept within bounds, he made ecution. Hints were likewise given that Wilkinson Wilkinson the offer of a permission to import, on his was a very popular man, who could influence the own account, to New Orleans, free of duty, all the whole of that country; and probably that his send- productions of Kentucky, thinking by this means to ing a boat before him, with a wish that she might conciliate the good will of the people, without yieldbe seized, was but a snare at his return to influence ing the point of navigation, as the commerce carried the minds of the people, and having brought them on would appear the effect of an indulgence to an into the point he wished, induce them to appoint him dividual, which could be withdrawn at pleasure. On their leader, and then, like a torrent, spread over the consultation with his friends, who well knew what country, and carry fire and desolation from one end further concessions Wilkinson could extort from the of the province to the other. fears of the Spaniards, by the promises of his good |