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[Mar, 1798. skill could overcome; but this did not change was made in the neighborhood of Winnesborthe fact.
ough, while Lord Cornwallis laid in that town, After the fall of Charleston in 1780, the first upon the South Carolina militia, by a British action, and that fought by the militia, without regular force under Majors Wymes and McCarany aid from our regulars, was the action of thy, supported by two troops of cavalry, the Fishing Creek, where, without entering into a whole corps drawn together and formed for the minute description of all the circumstances at-purpose; after various charges made by the intendant on such an occasion, it will be sufficient fantry and cavalry, and after repeated repulses, to say, that the gallant Captain Rooke, who the enemy was totally repelled, their commandcommanded a squadron of Tarleton's legion, ing officer wounded and taken, together with a fell, and the whole force was beaten and dis- number of his corps, and the rest were dispersed.
persed. A few days after and here permit me, said On the return of Colonel Tarleton to Winnes Mr. S., to remark, that if my colleague does not borough another effort was made, and from the remember, and our historians have neglected to number as well as the nature of the troops emrecord the achievements of the militia, yet just-ployed, it was certainly intended to be effectual ice is in some degree done them by a British in driving the South Carolina militia from that historian, who was an officer in the British ser- part of the country; for it was Tarleton's legion, vice in that part of our country, and at the McCarthy's corps, and that part of the 63d, very time I am speaking of, who corroborates under Major Money, which troops were led to my facts-a few days after an attack was made the attack of the militia on the 20th of Novemby the militia on Rocky Mount, and Colonel ber; the result of this action is known to those Turnbull, who commanded the enemy's force, who do not wish to detract from the merit of and who is now in New York, I have no doubt the militia. The enemy's detachment consisted has candor enough to acknowledge, that from of 270 legionary horse, and upwards of 400 rethe contest he had with them, (although gular infantry, with two field-pieces; the milistrongly defended by well constructed works,) tia were between five and six hundred, without and which lasted ten hours, there is something (as indeed they were through all the actions I due to their bravery and the effect of their have described) a single piece of artillery. In arms.
the number of militia are included some GeorEight days after the affair on Rocky Mount, gians, who not only acquired honor to themselves an attack was made on the British at their posts from their exertions on that day, but did honor of the Hanging Rock. The force on this occa- to their country. The fate of the British cav. sion consisted of the same corps of South Caro- alry was then decided ; they had been formerly lina militia who had enterprised on the other unconquerable, but after that day they were occasion; they were in number about 600; they never known to be brought to act with either had been joined by a few of the militia from energy or effect. North Carolina, and it is a pleasure to reflect Knowing the ardor and firmness of the Southon the cordiality and bravery displayed by them ern militia, and not doubting but the militia of on this occasion.
the several States in the Union possess equal The enemy's force at this post was 1,200 ef-motives for their exertions, equal spirit and acfectives; yet the result was, after an action tivity, I cannot, said Mr. S., but rely on them which lasted through the greatest part of the as the natural and main support of our day, that Major Bryan's corps was totally de- national independence-& support fully effecfeated, the Prince of Wales' regiment extermi- tual without a recurrence to a standing army. nated, even its name has never since been re- These few cases, and it is stopping very short corded. Other detachments from the 63d and indeed of what the merits of the Soutbern mili71st, under the command of Major Carden, were tia deserve, tend to show that the charges also cut up, driven from their encampment brought against the militia generally are as unwith the entire loss of baggage, &c.; and, in founded as they are cruel to their feelings; the course of this action, Captain Kinlaw, with while, at the same time, they demonstrate, that a squadron of Tarleton's legion, arrived from if an invasion (which is a contingency by no Rocky Mount, made a desperate charge on the means likely to happen) should actually take militia, was repulsed by them, and filed to Cam-place, we may rely with confidence on the den, without attempting to renew the combat. manly exertions of the militia to meet the atIn this, as well as other actions, it ought to be tack, and to resist every effort, at least for such remembered how many field officers, brave cap- a period as until more effective aid shall be tains, and other officers, as well as valuable drawn down to their support, and more permacitizens, fell, or were wounded, while another nent measures adopted. nation had to regret in this action alone the loss The question for striking out twenty thousand of upwards of 800 men.
| to insert five thousand, was put and negativedPassing by a number of important and con- | 47 to 41. siderable conflicts which took place between the The question now returned upon striking out British regulars and the Southern militia, still twenty thousand to insert ten thousand. unsupported by regulars of our own army, said Mr. N. SMITH hoped this amendment would Mr. S., I come now to mention the attack which I not be agreed to. It was contemplated, when
[H. OF R. this reduction was proposed, that the power that the constitution has placed the training and should be given to the PRESIDENT for three disciplining of the militia in the several States, years; but it was now restricted to the recess and that Congress had power only " to provide of Congress. He did not himself think that at for calling forth the militia to execute the laws present there was any danger of an invasion, of the Union, suppress insurrections, and repel nor did he believe that imminent danger of an invasion; reserving to the States respectively invasion would exist, whilst the war continued the appointment of the officers, and the aubetween France and England; but, whenever thority of training the militia according to the a peace shall take place between those two discipline prescribed by Congress." powers, the question ought then to be taken Mr. SEWALL moved to fill the blank in this whether this country ought not immediately to section with $200,000. He supposed $50,000 go into preparations for war; and if Congress or $60,000 would be sufficient for purchasing were not in session at the time, the PRESIDENT | the accoutrements mentioned; the remaining ought to have the power of determining this $140,000 or $150,000 would be ready in the question. It will depend on several circum Treasury in case of emergency, for the other stances; on what kind of peace was made ; purposes of the act. This mode of proceeding upon what ground parties stood when peace was objected to. It was thought by some that was made; on the situation of France at the it would be best to appropriate only for the time ; on what kind of men are in power; on purchase of the articles specified, and provide the situation of this country; on what is the for the whole expense of carrying the act into state of parties here at the time; what is the effect in one sum, either in this law or some number of those who are opposed to the Gov- other; but it was finally carried as it stands, ernment: how many there are of those who and the blank was filled with 200,000 dollars. wish to lull the rest to sleep; and what is the The last additional section proposed for examount of spies in the country. All these will empting private soldiers from arrest for debt be important considerations to be decided at or contract, during their term of service, was the time, and if it shall then appear that im- then agreed to. minent danger does exist, will twenty thousand jnen be too large a number to raise ? He be
Friday, May 18. lieved not. The question for striking out twenty thou
Call of the House. sand, and inserting ten thousand, was put and The SPEAKER informed the House that the carried, 54 votes being in favor of it.
hour was arrived at which a call of the House The question next came up on agreeing to was ordered to be made, and that the clerk the section proposed by the select committee, would accordingly proceed to the call. for authorizing the PRESIDENT, from time to The call was accordingly made, when it aptime, as he shall deem it necessary, to call forth peared that 92 members were present, which, in rotation such portion, not exceeding at any with 13 members absent on leave, and 1 sick, one time the number of twenty thousand men, made up the whole number of members.* of the detachments of the United States, authorized by the act of the 24th of June last, as
Provisional Army. may be conveniently mustered together, and The bill authorizing the PRESIDENT OF THE cause them to be trained and disciplined by | UNITED STATES to raise a Provisional Army, their proper officers, either in their respective was read the third time; when States, or in one corps, to be drawn from two Mr. MoDOWELL moved to postpone the quesor more adjoining States, for a term not exceed- tion on the passage of this bill till Tuesday next. ing — ; for which time the officers and men Information had been received from Europe, shall be considered as in actual service and be and was entered on the Coffee-House books of paid and governed accordingly.
this city, that our Commissioners had been reAfter some discussion, in which constitutional ceived by the Executive Directory; and that objections were urged against this provision, the the persons who had held authorized convercommittee rose without taking a question upon sations with them on the subject of bribes, &c., it, and the House adjourned till Monday. were imprisoned. He could not say that this
information was true; but, if it were, our dif
ferences with the French Republic may probably MONDAY, May 14.
be amicably accommodated, and there may be Provisional Army.
no necessity to pass this bill at all. He hoped, The House again resolved itself into a Com- therefore, the postponement would take place. mittee of the Whole on the bill for authorizing Mr. SEWALL should be sorry if a motion of the PRESIDENT OF THE UNITED STATES to raise a this kind were to receive any attention from provisional army; when, the question being put the House. If negotiations were opened with on the section providing for the calling out 20.000 militia at a time, to be trained and dis-The call was made with a view to the final vote on the ciplined, it was negatived, there being only 11 Provisional Army Bill, and the way in which the absentees Totes for it.
were accounted for-one sick and the rest on leave-was This section was objected to on the ground I highly creditable to the members.
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[May, 1798. the French Republic, they might not very soon of that House could add to the high sense the be concluded. What appearance would it have people of the United States already entertained to the nations of Europe, if, after all the insults of the integrity and talents of that gentleman; and injuries we have received from the French and because it did not belong to the occasion for Republic, the moment Congress heard in an in- | the House to express any opinion as to the condirect, uncertain way, that they had deigned to duct of the gentleman during the time he was receive our Ministers, they stopped their pro-employed abroad. That the design of the resoluceedings in all measures of defence. A more tion he had to submit, was simply to negative upfavorable appearance, in his opinion, could an implication which possibly might be made, not take place. It onght to be recollected that that, as the constitution certainly did contemthe army proposed to be raised was a provisional | plate cases in which Ministers might be allowed army, and would not be raised, if the contin- | to receive presents, the House were induced, gencies therein named, did not take place. by reasons connected with the conduct of this
The question for a postponement was put and gentleman, to refuse the liberty to accept the negatived; there being only 29 votes for it. prexonts; whereas he was perfectly satisfied,
The question on the passing of the bill was from the declarations of gentlemen who opposed then taken, and stood-yeas 51, nays 40, as fol- the permission, who had all taken occasion to lows:
testify much esteem for the character and enYEAs.—John Allen, George Baer, jr., Bailey Bart-tire approbation of the conduct of Mr. Pinckney lett, James A. Bayard, David Brooks, Stephen Bullock, while in office, that their opposition arose from Christopher G. Champlin, John Chapman, Joshua principles of general policy, which led them to Coit, William Craik, Samuel W. Dana, John Dennis, think that, in no case should presents be allowGeorge Dent, William Edmond, Thomas Evans, Abiel ed to be received. Nay, they had said, that the Foster, Dwight Foster, Jonathan Freeman, Henry purity of this gentleman's character, and the imGlenn, Chauncey Goodrich, Roger Griswold, William portance of his services, furnished a happy opporBarry Grove, John A. Hanna, Robert Goodloe Har
tunity of establishing an invariable rule precludper, Thomas Hartley, William Hindman, Hezekiah L. Hosmer, James 81. Imlay, John Wilkes Kittera,
lah ing the acceptance of these presents, which no
era, merit hereafter should induce the House to depart Samuel Lyman, James Machir, William Matthews, John Milledge, Daniel Morgan, Lewis R. Morris,
from. The subject, however, was of so delicate Harrison G. Otis, Josiah Parker, John Read, John
and tender a nature, that he conceived it a piece Rutledge, jr., James Schureman, Samuel Sewall,
of justice on the part of the House to state exWilliam Shepard, Thomas Sinnickson, Samuel Sit- plicitly the grounds upon which their decision greaves, Nathaniel Smith, George Thatcher, Mark was made, in order to preclude the possibility Thomson, Thomas Tillinghast, John E. Van' Allen, of any mistake as to their motives. He should Peleg Wadsworth, and John Williams.
rely, therefore, with perfect confidence, that NAYS.—Abraham Baldwin, David Bard, Lemuel the following resolution would be unanimously Benton, Thomas Blount, Richard Brent, Nathan adopted : Bryan, Dempsey Burges, Thomas Claiborne, William
Resolved, that this House, in refusing to allow Charles Cole Claiborne, John Clopton, Thomas T. Thomas Pinckney, late Minister at the Court of LonDavis, John Dawson, Lucas Elmendorph, William
don, and Envoy Èxtraordinary to the Court of MadFindlay, John Fowler, Albert Gallatin, James Gilles
rid, to receive the presents usually made by the said pie, Andrew Gregg, Carter B. Harrison, Jonathan
Courts to foreign Ministers on taking leave, were inN. Havens, Joseph Heister, David Holmes, Walter duced to such refusal solely by motives of general Jones, Matthew Locke, Matthew Lyon, Nathaniel Macon, Blair McClenachan, Joseph McDowell, An
policy, and not by any view personal to the said thony New, Thompson J. Skinner, William Smith, Richard Sprigg, jr., Richard Stanford, Thomas Sum
Mr. GRISWOLD moved the postponement of ter, Abram Trigg, John Trigg, Philip Van Cortlandt,
this resolution till to-morrow. Joseph B. Varnum, Abraham Venable, and Robert The question on postponement was put and Williams.
negatived-41 to 34.
The question on agreeing to the resolution MONDAY, May 21.
Mr. SEWALL had some doubts as to the proPresents to Ministers.
priety of the determination of the general quesMr. BAYARD said, he had a resolution to offer tion, as he believed, by that determination, the to the House, which he trusted would meet House had parted with an advantage placed in with no opposition from any quarter. It was them by the constitution. He thought the best intended solely to explain the grounds upon way of settling this business would be to reconwhich the House proceeded when they refused sider that question. He knew one gentleman to consent that Mr. Pinckney should receive who had voted upon it through mistake, and the presents usually made by foreign Courts to there might be several others in the same situaMinisters upon taking leave, and which had tion. been offered to him by the Courts of London The question on agreeing to the resolution and Madrid. He had purposely avoided in the was put and carried unanimously. resolution any expression of approbation of the conduct of Mr. Pinckney during his missions,
Naturalization Lau. because he perfectly knew that no approbation ! On motion of Mr. SEWALL, the House wen
[H. OF R. into a Committee of the Whole on the bill sup- countries from whence they came, and if this plementary to, and to amend the act to estab- bill passes in its present form, they will for ten fish an uniform rule of naturalization, and to or twelve years to come be without citizenship repeal the act heretofore passed on that sub- in any country. He hoped, therefore, some exject.
ception would be made in favor of the descripMr. SEWALL moved to fill the blank specify- tions of persons which he had named. ing the length of time necessary for an alien to One reason which led him to mention this give notice of his intention to become a citizen, circumstance was, that there are a great numbefore he can be admitted, with “five years." ber of persons in the State of Pennsylvania, and Carried.
many in the district from whence he came, who, The blank declaring the length of time neces- though they are not citizens of the United sary for an alien to reside here before he can States, really believe they are. This mistake be admitted a citizen, Mr. S. moved to fill with | has arisen from an error common to most of “ fourteen years."
the districts of the United States) a belief that Mr. MODOWELL hoped this blank would not an alien's being naturalized by the laws of a be filled with so long a time. The residence State Government, since the act of 1790, made now required from foreigners before they can him a citizen of the United States. The Mayor become citizens is five years. He would not of Philadelphia, till the year 1795, admitted object to an increase of the length of this term citizens under the State law, who afterwards to seven years; or, if the committee thought considered themselves as citizens of the United nine better, he would not object to it. He did States. He always thought that construction not wish to discourage an emigration to this to be wrong-Congress having the power to country of respectable foreigners, by barring pass, and having passed an uniform naturalizathem from the rights of citizenship. The policy tion' law, which, in his opinion, excluded the of this country had always been different, and idea of admission to citizenship on different he did not wish entirely to change it. When terms by the individual States. But he knew persons come here from foreign countries, it the contrary opinion till lately generally prewas our interest to attach them to us, and not vailed. Indeed, he knew that at the late elecalways to look upon them as aliens and stran tion in this city, the votes of respectable mer
chants, who had obtained American registers The question for filling the blank with “four-for their vessels, on a presumption of their beteen," was put and carried-41 to 40.
ing citizens, were refused on this ground. The Mr. SEWALL moved a clause providing that no same mistake had extended to other parts of alien who comes from a country at war with the Union. It may be said that, since the year as, shall be admitted to citizenship while such 1795, these persons might have gone to any of war continues. Agreed to.
the courts and have become citizens. In this Mr. GALLATIN wished to know whether the city, and in others, he supposed persons had provisions of this act are intended to extend to generally done so; but where people are two persons who were in this country previous to or three hundred miles distant from the Disthe passing of the law of January, 1795, which trict Court of the United States, they had not requires a residence of five years before an alien always an opportunity of doing it, especially on can become a citizen, but who have neglected account of a construction of the act of 1795, to become citizens, as well as to all those aliens which had prevailed in some counties of Pennwho have come to the country since January, sylvania, and which made it doubtful whether 1795; although they may have made the de- any court in the State out of the city, could adclaration by that law required three years be- minister the oath of citizenship. Mr. G. supfore they can become so, of their intention of posed that since the year 1790, from ten to becoming citizens of the United States. The fifteen thousand emigrants had come into the law of January, 1795, had made an exception State of Pennsylvania, two-thirds of whom in favor of all aliens then in the country. believed, till lately, that they were citizens of
As the bill stands at present, Mr. G. said, it the United States, from their having been nawould have a retrospective effect on three de- turalized by the laws of that State. It has now scriptions of persons, viz: all those aliens who been discovered that they are not citizens; but were in this country prior to the adoption of since that discovery was made, they have not the present Constitution of the United States, had an opportunity of being admitted accordand who were not naturalized under the State ing to the law of the United States. If some laws before the act of 1790; in the next place, limited period was given to these persons to it affects all those who, under the law of 1790, come forward to be naturalized, and they did might have been naturalized, and all those who, not become citizens in that time, he should be under the law of 1795, might hereafter be na- willing to exclude them. He thought, indeed, turalized, provided they have made the neces- provision should be made for all these persons, sary declaration of their intention of becoming but he would not move any amendment until citizens. From the year 1795, many persons, he had heard the opinion of the committee on with a view of making themselves citizens of the subject. The amendment just adopted, for this country as soon as the law would allow excluding their enemies from citizenship, would them, have renounced their allegiance to the do away any objection which could be urged
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(MAY, 1798. against a provision of this kind. Indeed, the that such omission would lay the citizens under persons he alluded to generally came from the the suspicion of not acting openly and can. territories of the King of Great Britain, and didly. three-fourths of them from Ireland.
| Mr. SITGREAVES remarked, that if his col. Mr. SEWALL said, this subject was before the league's objection only went to the words “susselect committee, and it was the opinion of a pected person,” his motion went too far. majority of that committee that no exception The question was put and negatived-37 to ought to be made, but that the bill should pass 36. in its present form. His own sentiments were Mr. GALLATIN then proposed an amendment decidedly against any alteration. As to the to the following effect: Irishmen whom the gentleman from Pennsyl- “Provided that any alien who was resident within vania has mentioned, as they have neglected to the limits, and under the jurisdiction of the United avail themselves of the privilege of becoming States, before the 29th of January, 1795, and any citizens, he supposed they did not place any alien who shall have made a declaration of his intenhigh value upon it. They are now permitted tion of becoming a citizen of the United States, in to hold lands; and from the present distracted conformity to the provisions of an act establishing & state of the country from whence they have uniform rule of naturalization, passed on that day, emigrated, he did not think it would be prudent may be admitted to become citizens of the United to make them eligible to hold seats in the Gov. States, according to the provisions of that act." ernment after a residence of five years. He be- Mr. ORAIK was disposed to go much further lieved the liberty which the United States have than is proposed in this bill in restricting aliens given in this respect heretofore has been unex- from becoming citizens of this country. He ampled, and it was high time the evils which should have no objection to say, that no forhad arisen from this imprudent liberality should eigner coming into this country after this time, be remedied. The present distracted state of shall ever become a citizen; but he believed if the world, and the attempts made to disturb this law was to have a retrospective operation other governments, showed the necessity of the on all those foreigners now residing within the proposed regulations.
United States, who have neglected to become Mr. S. did not consider the persons who had citizens, it would be very unjust. There was a been mentioned as laboring under any disadvan- large class of persons, he said, in the country tages. Considering what they have left, and from which he came, who are not naturalized what they receive here, their situation is vastly under any law, and many others who had been improved by the change which they have made, naturalized under the State law; about the without giving them any chance of becoming legality of which, as had been stated, there is members of our government, for they would much doubt, though in Maryland and Virginia have had little chance of becoming members of foreigners are still naturalized by the States, the government which they have left. He did notwithstanding the law of the United States. not suppose they came here with a view of In deciding upon this question, Mr. O. said, getting into the government, but to acquire it would not be proper to take into consideraproperty, and to enjoy peace and happiness, and tion emigrants from any particular country. this they might do independent of citizenship. Many of the persons he alluded to, are Germans, As he saw no good, therefore, to be derived to and well entitled to every privilege that can be the country from admitting these persons to given them, and whose neglect to become citicitizenship, but much danger, he hoped the bill zens was probably owing to their ignorance of would be agreed to as reported.
our language and laws. He should, therefore, Mr. GALLATIN said, if the bill was proceeded be in favor of this amendment, especially as far with, he would prepare an amendment in favor as it respects those aliens who were in this of those classes of persons he had mentioned. country before the year 1795.
The bill was accordingly proceeded with; Mr. BAYARD said, though foreigners were and coming to the fifth section, where it is pro- prevented from becoming citizens of the United vided, that if an alien shall continue to reside States until they have resided fourteen years in here, and shall refuse or neglect to make a re- the country, in many of the States, they are port of his residence, and receive a certificate entitled not only to vote for filling the offices thereof, he shall forfeit two dollars, and shall be of the State Governments, but also for filling liable to be arrested as a suspected person those of the United States. Therefore, the only
Mr. GALLATIN moved to strike out the words privilege which they are denied, is the capacity printed in italic. It was sufficient, he said, that of becoming members of the Federal Governauch a person should pay a fine. It was a new ment; which was a denial, he thought, recomthing to punish a man by imprisonment, not mended by sound policy. And he did not see for delinquency, but because he was suspected. why the restriction should not extend to the A conduct of this kind had been highly con- aliens now within the United States, as to those demned in another country, and he hoped it who shall hereafter come here. If aliens residwould not be adopted here.
| ing here had any right to expect an exception, Mr. SEWALL said, it was the intention of the it must be on the ground of compact. He did committee to show the nature of the offence of not, however, consider naturalization laws in omitting to make the proper report; to show that light. Aliens cannot be considered as