The Debates and Proceedings in the Congress of the United States, Seventeenth Congress, First Session, [Volume 2] Page: 1,309
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1309
HISTORY OF CONGRESS.
1310
March, 1822.
Military Establishment.
H. or R.
is contrary to the express provisions of the Constitu-
tion, and one which this House cannot sanction, have
no hesitation in rejecting the official statement of the
proceedings in the case as evidence of the right of the
sitting member to a seat in this House."]
The report having been read, Mr. Caosden rose,
in opposition to the report of the Committee, and
in support of his own title to his seat, and delivered
an argumentative speech of considerable length ;
after he concluded,
Mr. Reed addressed the House until about a
quarter of an hour before four o'clock, when
Mr. Sloan moved that the Committee rise and
report progress, which was agreed to; and then
the House adjourned to Monday.
Monday, March 18.
Mr. BateMan, from the Committee on the Post
Office and Post Roads, who were instructed by
resolution, on the 11th ultimo, to inquire into the
practicability of facilitating the means of discov-
ering thefts, destruction of, or opening or mutila-
ting letters, committed by deputy postmasters, their
agents; and mail contractors; and, also, into the
propriety of enacting severer and other penalties
against those who may be convicted of such of-
fences, made a report, in part, thereon; which was
read, and ordered to lie on the table.
Mr. Sterling, of New York, from the Com-
mittee on the Public Lands, reported a bill mak-
ing provision for the survey and disposal of the
public lands,in the Territory of Florida; which
was read twice, and committed to a Committee of
the Whole.
Mr. Walworth, from the Committee on Mili-
tary Affairs, made a report on the petition of Ste-
phen Howard, Jr., accompanied by a bill for his
relief; which bill was read, and committed to a
Committee of the Whole.
Mr. Mebcer called for the consideration of a
resolution laid by him on the table on Friday
last, proposing to alter the standing rules of the
House, with a view to limiting the length of de-
bates in the House. On the question being taken
thereon, the House refused to consider the same—
ayes 47, noes 55.
Mr. Cannon called for the consideration of a
resolution submitted by him some days since, fix-
ing a time for the adjournment of Congress, but
the House refused to consider the same—ayes 49,
noes 73.
Mr. Tucker moved for a reconsideration of the
vote just taken, but the House refused to recon-
sider the same, without a division.
Bills from the Senate of the following titles, to
wit: An act for the relief of James H. Clark;
an act to amend the act, entitled "An act to in-
corporate the subscribers to the Bank of the Uni-
ted States an act to define admiralty and mari-
time jurisdiction ; an act to amend the laws now
in force, as to the issuing of original writs and
final process in the circuit courts of the United
States within the State of Tennessee; and an act
supplemental to an act, entitled "An act authori-
zing the disposal of certain lots of public ground
in the city of New Orleans and town of Mobile;"
were severally read twice and referred; the first,
to the Committee on Naval Affairs, the second,
third, and fourth, to' the Committee on the Judi-
ciary, and the fifth, to the Committee on the Pub-
lic Lands.
MILITARY ESTABLISHMENT.
Mr. Cooke moved that the House do come to
the following resolutions, viz:
1. Resolved, That the act of the 2d of March, 1821j
to reduce and fix the Military Peace Establishment of
the United States, was not intended to authorize the
President of the United States to dismiss officers then
in service, and introduce others of the same grade
into the Army.
2. Resolved, That the dismission of Brevet Briga-
dier General Daniel Bissell, Colonel of the 1st regi-
ment of infantry, and of Joseph L. Smith, Colonel
•of the 3d regiment of infantry, as supernumerary,
and the creation of three new Colonels, to wit: Tow-
son, Fenwick, and Butler, on the 1st day of June,
1821 ,was not authorized by the terms or by the spirit
of the act of the 2d of March, 1821.
3. Resolved, That the appointment of Colonel
James Gadsden to the office of Adjutant General of
the United States Army, and the dismission of Colo-
nels Butler and Jones from that office, was not justi-
fied by the act of the 2d of March, 1821.
4. Resolved, That the transfer of Lieutenant Colonel
Lindsay from the seventh regiment of infantry to the
third regiment of artillery, after the 1st of June,
1821, was contrary to the regulations for the govern-
ment of th&Army of the United States, and not au-
thorized by the terms or spirit of the act of the 2d of
March, 1821.
5. Resolved, That it is the duty of Congress, upon
national principles and considerations, to protect each
officer and soldier of the Army in the enjoyment of
his legal and Constitutional rights.
Mr. Cocke thought that the subject embraced
by the resolutions was one which involved the
interest of the country, and he therefore moved
that they be laid on the table and printed.
Mr. Wright said the House had business
enough before it to occupy its time without inter-
fering with the appropriate business of the other
branch of the Legislature, which he thought the
resolution was calculated to do. He wished each
planet' in our system to keep within its proper
sphere and move in its assigned orbit, and he did
not feel willing to become an organ of censure to
another body.
The Speaker remarked that the motion to lay
on the table was not debateable, and was about to
put the question, when
Mr. Cooke expressed an opinion that he had a
right to lay a resolution on the table, and that
such was the course he had originally proposed.
Mr. Walworth observed that the subject em-
braced by the resolution was now before the Mili-
tary Committee, and he believed a member of it
was at that moment employed in drawing a re-
port upou it. .
The Speaker observed that he thought it was
proper on this occasion to put the question of con-
sideration, and he was about to put the question,
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Gales and Seaton. The Debates and Proceedings in the Congress of the United States, Seventeenth Congress, First Session, [Volume 2], book, 1855; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30366/m1/33/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.