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Fort at Oak Island,

$60,000 For pay of the army and subFortifications in Charleston, 25,000 sistence of officers, $1,063,909

at Mobile point, 90,000 Forage and subsistence, 341,719 Jackson, 85,000 Clothing,

156,774 Pensacola, 130,000 Medical and Hospital DepartContingencies and purchase of


28,000 a site for a fort,

15,000 Quarter-master's Department 407,000 Military Academy, .

24,163 The bill making appropriations Contingencies,


360,000 for the Engineer, Ordnance and National arınories,

Arinament of fortifications, 100,000 Quarter-master's Department was Current expenses of ordnance taken up in the House, March service, .

56,000 Arsenals,

90,000 30th and continued under exami

Recruiting service,

8,377 nation the next day and also April For arrearages prior to 1817, 6,000 first and fifth. An appropriation

of 1828,

270 of $150,000 for arming the new The appropriations for the Infortifications was stricken out by dian service, an expenditure up

unthe House — yeas 130, nays 43. der the supervision of the War

, A motion made by Mr Crocket Department, for 1830 were, to strike out an appropriation

For the expenses of the Indian of 2,500 dollars for erecting a Department,

$87,975 military laboratory at West Point For presents to the Indians


Expenses of distributing Indian was negatived : as was also a

annuities and of holding conmotion to strike out an appropria

ferences with them,

21,849 tion for a military road in Arkan

Of blacksmith shops,


To carry into effect subsisting sas, and one for the purchase of treaties,

143,799 five and a half acres of land in Expenses in holding Indian trea


. 14,022 Springfield for the use of the national armory.

When the bill appropriating The bill was amended in the these last items came under conSenate and the House concurred sideration, Mr Vance moved an in two of the amendments. From amendment to the clause giving the other amendment it dissented pay to Colonel M'Neill, so as to and the Senate receding from it, preclude him from receiving pay the bill passed and became a law. both as an officer of the army and

By this act appropriations were as a commissioner to hold a treamade

ty with the Indians.

Mr Miller asked if the officer For barracks,

$69,064 " store-houses,


alluded to had received his pay 66 armories and arsenals, 47,700 as an officer and was about to re« miscellaneous, .

49,452 ceive the pay as a commissioner.

Mr Vance said he did not know The military appropriation bill the fact, but he knew what had for 1830 was taken up on the been the practice. The officer 22d of February, and was sanc- now at the head of this governtioned by both Houses without ment received his full pay as an opposition. It made the follow- officer, and also as a commissioning appropriations :

er for holding treaties.


66 roads,

Mr Cambreleng asked if there plied understanding that in the were not some incidental

ex- present case such would be the penses.

result. He stated the practice to Mr Vance said, that could not have been that an officer who effect the item under considera- was employed in the civil service, tion.

should not receive pay as an offiMr Wickliffe said he should cer at the time that he was revote for the amendment.

ceiving pay for those civil services. Mr McDuffie suggested that There was a rule in existence General M'Neill should have his under the old Congress which option, either to take his pay as prevents such double pay; and an officer or his pay as a com- no gentleman had produced any missioner,

law showing a contrary practice. Mr Vance then modified his We are, however, promised a amendment so as to make its milennium of retrenchment; and phraseology correspond with the so we had been promised from wishes of Mr McDuffie.

year to year. He hoped such The amendment was agreed to. would be the case, and that abuse The bill was then reported to the after abuse should not be permitHouse, when

ted until we became bankrupt by Mr Miller objected to the precedent. He would have given amendment as to the pay of Gen- this officer his double


if such eral M'Neill.

was the contract made with him, Mr Buchanan also took excep- but not under the idea that there tion to this amendment, on the existed any implied understandground that however just the ing in consequence of any existprinciple that the Government had ing law tolerating such construcan undoubted right to the whole tion. services of their officers, it was Mr Polk made some observanot correct to apply the principle tions in reply, in which he exin a case where the officer must pressed himself content with the have accepted the duty under amendment. the implied understanding that Mr Vance disclaimed any idea the old practice was to be con- of introducing party feelings, as tinued. He suggested that the was intimated by the last gentleCommittee Retrenchment man. He thought that although should report a bill to prevent he did not belong to the Committhese double allowances.

tee on Retrenchment, he had Mr Wickliffe stated that the supposed he night offer someCommittee had reported such a thing like a bit of retrenchment. bill.

He stated that he had always Mr Burges spoke in favor of been an enemy to those double the amendment, and asked gen- allowances; and had determined tlemen from what law or practice to take the first opportunity of reofficers received extra pay for sisting them. In this case the civil services. If there was none officer was perhaps less entitled such, then there could be no im- to this double pay than any, be


cause he commanded a post in M'Neill had entered on the duties the immediate neighborhood of of commissioner under the implied these Indians, and as the comman- understanding that he was entitled der of the post he had double ra

to double pay. tions and extra allowances. He Mr Barnwell made some redid not wish to introduce partymar's in favor of the double alconsiderations. He had indeed lowance to General M'Neill. He referred to a distinguished individ- contended that where, by an erual who had received double pay; roneous construction, officers had and if the gentleman wished to received more than the sums to draw back money from those which they were entitled, it was who had received double allow- unjust to compel hii wbo had ances it will operate as severely rendered the service, to refund. at head-quarters as anywhere. The fault is in those who have He asked for the yeas and nays put the false construction on the on this question.

law, and who alone should be reMr Drayton defended the prac- sponsible. tice of employing officers as com- Mr Davis, of Massachusetts, missioners to hold Indian treaties, rose and observed that, he should and moved to amend the amend- not detain the House but a moment of the gentleman from Ohio, ment, as it appeared to be anxby striking out all after the word ious to take the question. But

that,' and inserting words which he would join the gentleman from made the provision general and South Carolina (Mr Barnwell,) prospective.

in calling attention back to the Mr Vance said he had been real ground of discussion. The asked by a gentleman from Penn- bill provided for the reimbursesylvania if this had been the prac- ment of money paid by the Extice of Government, and he had ecutive, where no appropriation risen and said this was the prac- had been made, for the services of tice, and had referred to the only an ofiicer of the army holding by case within his knowledge. He brevet the rank of a Brigadier wished to be understood as hav- General, who had served as a ing had good reason for his refer- commissioner in making a treaty ence; and if he had misunder- with the Winnebagoes and others. stood the exact terms of the in- This officer, at the time of his terrogatories put to him he had appointment, was in the military merely made a mistake, and he service, and drawing his pay; and was willing to have it attributed the question is, whether he shall

, to him whether he had made his in addition to his pay as an officer, remark gratuitously or not. receive also the pay of a com

Mr Grennell replied briefly to missioner. the remarks of the gentleman The appointment, he said, was from South Carolina, as to the not a military command, which peculiar propriety of employing the officer was obliged to obey, officers as negotiators, and to the but a civil commission which he idea thrown out that General had his option to accept or de


cline, as he might think expedient. own election, placed himself on It was an appointment to another the same ground as other comservice of a totally different char- missioners, and it would seem acter, and to be rewarded in a hardly just to them to pay him different manner. He accepted twice as much as they receive that appointment and performed for their services.

for their services. He therefore the service, and it had been said hoped the amendment of the that the Government became gentleman from Ohio (Mr Vance) thereby bound to allow him his would so far prevail as to limit pay as a military officer, and also the principle to those bounds. the same amount in addition as Mr Clay suggested to the genthe other commissioners had who tleman from South Carolina to served in but one capacity. This, withdraw his amendment until sir, would be paying for service the other amendment should be by construction - because no- disposed of. thing is more plain than that he Mr Drayton withdrew bis would not render service to the amendment. the Government in both offices. Mr Buchanan then stated the

When he accepted the appoint- case of General M'Neill and adment as commissioner and enter- vocated the propriety of bis aped upon the duties, he ceased to pointment, and of the remuneraperform all duties as a military tion now made to him by the bill. officer and thereby ceased to The money had been received, have any right to pay unless we as appeared on the face of the mean to adopt the doctrine that bill, and it would be unjust to coma person shall have pay for ser- pel him to refund it. vices which he does not and can- Mr Coulter admitted that the not perform. He could not, he President might employ a general said, bring his mind to the belief of the army to negotiate, and it that the Government was under often occurs that, in consequence any legal or equitable obligation of this military character, he is a to make such an allowance, as negotiator. Á Governor of a the service as commissioner was State is often employed, but a the voluntary choice of the officer, Governor is not an officer of the and assumed by him with a full United States. A military officer knowledge that his military ser- in the pay of the United States vice must cease, and therefore has no claim to additional comhis pay ought to stop.

pensation for his civil service, and It has been said that prece- if he has received double pay, he dents exist. On this point he cannot, in conscience, retain it. observed he was uninformed : but He referred to the case of Com if such precedents existed it was modore Decatur, who negotiated now acknowledged on all hands a treaty with the Barbary Powto be an abuse, and there seems There was an officer emto be no reason why the injurious ployed by General Washington to practice should be further coun- negotiate a treaty. He was allowienanced. This officer, by his ed his expenses, but not double



He understood that the An appropriation was also expenses are allowed to General made for the partial settlement M'Neill.

of a claim of long standing, and Mr Sutherland spoke in favor which involved no slight political of the allowance in the bill and feeling. This was the claim for against the amendment.

the services of the militia of MasMr J. W. Taylor said the only sachusetts during the late war question is, if you will reimburse with Great Britain. This claim your contingent fund the money had been objected to because the which has been taken out of it. Government of the State had reIf you do, the contingent fund is fused to place the militia under made whole; if not, your contin- officers of the Federal Governgent fund is short. It is not a ment; and though in some inquestion if


will pay General stances their services were such M'Neill. He has received his as to render the claim undeniamoney; and if you direct the law ble, yet no distinction had been officer to institute a suit against made between the different classGeneral M'Neill, the general will es of claims, and the unadjusted produce the commission of the account had hitherto been the President - prove that he has subject of dispute. Now, howdone his duty, and no court will ever, an appropriation was made compel him to refund a cent. of four hundred and thirty thouHe thought, therefore, the amend- sand seven hundred and fortyment irrelevant and would vote eight dollars, for the payment of against it.

all claims for services where the Mr Sterigere now called for militia were called out to repel the previous question, which was invasion, either actual or where seconded by a majority of the good ground existed to apprehend House.

it : 2d. Where the calling out The previous question was then was recognised by the Federal put and carried (which supersedes Government : 3d. Where they all pending amendments,] and the were called out and served under main question was put, viz: on the requisition of the President of the engrossment of the bill, and the United States, or of an officer carried yeas 84, nays 52. of the United States. The sum of five hundred thou

Appropriations were also made sand dollars was also appropria- for the internal improvement of ted to carry into effect the bill pro- the country; but from the pecuviding for the removal of the liar importance which this subIndians. An account of this bill ject assumed towards the close has already been given in chapter of the session, it is deemed proper third.

to treat of this class of appropriCertain sums, being unexpend- ations in a separate chapter. ed balances, were also reappropriated

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