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JAN. 20, 1830.]

The Judiciary.

[H. of R.

but I cannot, after the avowal of the gentleman in reference so good a lawyer, no man can be so good a judge of the to that system, and in support of his amendment, and lex loci, or statute law of a State, who is confined to the especially when I consider that the amendment itself is trial of appeals and writs of error at Washington, as one the same in principle with it, refrain from saying a word who presides on the trial of the cause in the inferior court, or two in regard to it. I should not have felt myself at where the law, and the decisions of the State in which it liberty to do so, but for the laudatory and unexpected prevails, are familiar to the profession of that State, who strain in which he has been pleased to speak of it. What, elucidate and apply it in argument in the court below. sir, was the system of 1801? It was the midnight system The great advantage derived from the present circuit of the elder Adams-ushered forth to the world in the last system is, that, by requiring each judge of the Supreme desperate paroxysm of a sinking party, who were pre- Court to preside with the district judge in the trial of monished by the public voice that they were soon to retire causes in the inferior courts, you make him familiar with from power; of a party who had lost the public confidence, the statute or local law within his circuit. And when the but who, by means of the majority which they still re- Supreme Court assembles in bank to try appeals and writs tained in Congress, seized upon the judiciary as the last of error, some one of the judges is always familiar with remaining fortress in which they hoped to save themselves the law upon which the decision of the case may depend, and perpetuate their principles. The act of 1801 was and by this knowledge is enabled to abridge the labor of passed, and, it is well remembered, lasted put a single his associates, and afford them facilities in examining the year. It met with a decided reprobation of a majority of case, and in arriving at a just conclusion. What judge the people of the United States: and as it was the last des- permanently located at Washington, however vigorous his perate expedient of our administration, to entrench itself intellect, and however profound his knowledge of the in the judiciary, and to secure in that co-ordinate branch fundamental principles of the law may be, but who never of the Government a continuance and (as they hoped) a presided over the trial of an ejectment in Kentucky or perpetuity of the principles of that administration, so its Tennessee, if left to grope his way unaided by the argurepeal was amongst the first acts of the succeeding ad- ment of counsel from that quarter of the Union, can ever ministrations; and I think I am warranted in saying, that understand or properly expound the intricate local laws of such is the well grounded and settled hostility of the peo- these States? What judge can understand the lex loci of ple of this country, and such their prejudices (if gentle- Louisiana, where the principles of the civil law obtain? men please to call their opinions by that name) against In a word, what one man, wholly relieved from the trial of the system, that they cannot, they will not, and ought not, causes in the court below, can or will ever understand the with composure, to remain silent, and see it resuscitated separate and distinct codes of these twenty-four States? and revived. It was doubtless believed, when the act of Even by the present circuit court system, in those States 1801 was passed, that the judges, whose appointment it to which it has been extended, no single judge has an acauthorized, could not be constitutionally removed in any curate knowledge of the statutory codes of all these States; other mode than by impeachment; and that, holding their but when assembled in the Supreme Court, they bring tooffices for life, they would be beyond the reach of the gether an aggregate of legal information, which no one political party who were shortly to succeed those who singly possesses, and which could not be possessed by enacted it. In this they were mistaken. After Mr. Jeffer-any, if they were withdrawn from their circuits. If the son came into power, the repeal of the system was resisted, judges of the Supreme Court are required to preside only upon constitutional grounds. It was, however, repealed, in the Supreme Court, they will have nine or ten months and, as I have already stated, in noticing the judicial histo- of leisure in the year, which they can, and probably will, ry of the country, the judges were legislated out of office. employ in more pleasing pursuits than in poring over What, sir, let me inquire, is the amendment of the musty volumes of statutes. It has been often justly regentleman from New York, so far as the Supreme Court, marked that constant employment on the bench, and being as a mere Supreme Court, is concerned, but a re-enact- constantly thrown in collision with the profession, makes ment of the system of 1801? It proposes to withdraw the the best judge; or, as it has been aptly expressed, "the judges of the Supreme Court from their circuit duties, judge who tries the most causes is the best judge.' The and to constitute them a permanent appellate court. So gentleman from New York thinks that there is not much in did the act of 1801. It provides that the circuit courts the argument, that the judges upon the circuit can acquire shall be abolished, and that the district courts shall possess legal information that will be useful to the Supreme Court the jurisdiction and powers of the present circuit courts. assembled in bank; and he puts a case. Suppose, says he, If the amendment offered had gone on to provide for the the court to consist of nine judges, and each to perform appointment of two additional judges in each circuit, to circuit duties. One of these judges presides on the trial hold the courts with the respective district judges, it would of a cause at New Orleans, and there is a writ of error to have been precisely the system of 1801. This is the only the Supreme Court; one judge will understand the_munidifference. The amendment has only this to recommend cipal law of Louisiana upon which the case depends; the it, which that system had not, that it does not increase the remaining eight do not, but must investigate it for themnumber of the inferior judges, and does not enlarge the selves. The case put by the gentleman illustrates and patronage of the Executive. enforces the argument which I have stated. Suppose the When we contemplate the system proposed by the gen-ninth judge had not presided on the trial at New Orleans-tleman's amendment, in the most dispassionate manner, then the whole court would have been without the necesthere are many and irresistible objections to it. Some of sary legal information. Did it not occur to the gentleman in these have already been stated by the gentleman from the case stated by him, that it was better for one to possess Pennsylvania, in his general remarks in the opening of this debate. If the judges of the Supreme Court are confined exclusively to their appellate duties in bank, there is danger--indeed, it is almost certain, that they will cease to employ themselves, in the recess of the Supreme Court, in the dry, laborious, and uninteresting employment of The gentleman from New York has urged that the judges reading the statutory codes of twenty-four States, and the of the Supreme Court should not be sent upon the circuits, judicial decisions of the State courts founded upon these because, he says, the circuit court duties are merely codes, scattered through a hundred volumes, and all of incidental, and not such as the judges of this high court which it is necessary they should understand. No man, should be required to perform. Whether the duties upon with the most unremitted application and study, can be the circuits be incidental or principal, I shall not under

the information, than that none should? Did it not occur to him that the judge who had the information might afford facilities to his associates, by pointing them to the authori ties which would throw light upon the questions to be decided?

H. of R.]

The Judiciary.

[JAN. 20, 1830.

take to decide; but whether they be the one or the other, refer, has told me that seven are enough--that nine or ten they are just such as the judges of this court have been are too many; that, if we advance beyond the present required to perform ever since the organization of the number, we are travelling upon untrodden ground; that judiciary in 1789, until this time, with the single excep- there is no limit; and he asks, where are we to stop, and tion of the year during which the act of 1801 was in force. may we not appoint twenty or a hundred, and would not By withdrawing the judges of this court from the view of this be too many? Sir, the answer is, appoint the number the people, and constituting them a corporation of digni- required by the exigencies of the country, and no more. taries at the seat of Government, clothed in the robes of Ten will be sufficient to do the business in his day or mine. office, with immense power, holding their offices for life, The extreme cases put by him can never occur, and rewith no direct responsibility to the people, and only liable quire no answer. I have never discovered what magic to punishment for gross crimes and misdemeanors, there is there was in the number seven, or what peculiar adapta danger that public confidence in their integrity may be tion there was in that number for this court over any other weakened-that they may become odious, and their deci- convenient number. I agree with the gentleman, that sions cease to be regarded with that respect and submis- this court should not be a political court. A judge should sion which it is desirable they should be. Of the increased not be a politician, I mean a partisan. I would not deprive danger of corruption, if they were permanently located him of the rights of a citizen. But has the gentleman here, constantly subject to be operated on by the federal shown that the increase of the number from seven to ten influence concentrated here, and constantly inhaling the would produce that consequence? He has not. Then the vapors of this district, I can add nothing to what has been argument has nothing in it. If the gentleman will take a said by the gentleman from Pennsylvania. But I will say, short retrospect of the present court, which he wishes so that the tendency of this court to enlarge, by construction, much to preserve with its present number, that it may not the powers of the Federal Government at the expense of be distracted by political factions on the bench, he will the State sovereignties, is already sufficiently strong, and find that some of the judges of this favorite number of his I fear, if they were permanently located here, that ten-were found, at no very remote period, mingling in politics, dency would be increased. It is the nature of man to have and in party politics. They did not take them on the power, and he seldom fails to exercise it when he can. I bench with them. I only mention this to show that, in have as much respect for this court as I ought to have, and any view, this argument of the gentleman proves nothing. no more. They are but men. I will not repeat the lan- Some gentlemen seem to have great apprehensions, if this guage used by the gentleman from Pennsylvania, which court is increased by the appointment of additional judges seemed to be so offensive to the ear of the gentleman from from the West, that it will be inoculated with western New York, that there is danger, if you withdraw these opinions and western doctrines. And are gentlemen prejudges from the circuits, that the time may come, when, pared to say that the opinions, the legal opinions, if genfeeling power and forgetting right, "they may fulminate tlemen please, and the constitutional doctrines of the West their decrees from the dark and vaulted chamber which are less authentic, or more unsound, than the opinions of they occupy in this capitol," wholly concealed from the other portions of the Union? No one has said so in terms. public view; but I will say, that the system which has the No one will say so. Then what is there in this argument sanction of long experience, ought not to be exchanged but a chimera of the imagination, calculated rather to for one, the tendency of which may be to render this court alarm our fears than to inform our judgments? The gen obnoxious, and, if corrupted, possibly dangerous to the tleman from New York must have exhausted his resources constitution. There is another objection to the system in seeking for objections to this measure of justice, of proposed by this amendment, which I will briefly state equal justice, which the West asks. He imagines that he before I take leave of it. It proposes to invest the pre- has found a difficulty in procuring proper judges residing sent district judges, and all who may hereafter be appoint- in the new circuits, if the number should be increased. ed district judges, with the powers and jurisdiction at He has stated that usage, if not law, requires that the present possessed by the circut courts. Causes of great judge should be taken from the circuit to which he is to magnitude are to be tried by these single judges, and their be allotted; and, when appointed, he must reside there. decision in civil cases, under a given amount, is final and Sir, this is a matter, if the bill should pass, within the disconclusive. They will have jurisdiction over criminal of-cretion of the Executive. He may select the judge from fences against the United States affecting the life and liberty whatever quarter of the Union he chooses, but, when apof the citizen. The salary of the district judges is small; pointed, he must reside within his circuit. Sir, the genand I mean no disparagement to those now in office, when tleman need not be alarmed. His apprehension of diffi I say, that, as a general rule, gentlemen of the first legal culty upon this point pays but a poor compliment to the attainments have not been willing to accept of the office intelligence and legal learning of the new circuits profor the compensation afforded; and yet this proposition is posed to be established. No one of these circuits is so to give to them, in many cases, final and conclusive juris-poor in legal learning, but that some one man may be found diction. Will this satisfy the country so well as if a judge residing within it possessing sufficient qualifications (if of the Supreme Court, eminent for his talents and distin- the President shall think proper to select one in the guished for his legal acquirements, were required to pre- circuit) to entitle him to a place upon the bench of the side in the circuit courts with them? I think it will not Supreme Court. There is one other objection to the exand should not. Whatever, therefore, may be the fate of the bill, I trust that this amendment may be rejected.

The great objection urged against the extension of the present system to all the States, has heretofore been, the increase of the number of the judges of the Supreme Court. It has been repeatedly said, that nine or ten judges will make the court too numerous for the convenient despatch of business, that it will become a political body, and that there is danger that factions and party politics may make their way into this court. All these have been again repeated by the gentleman from New York; but it seems to me, when they are properly examined, they will be found to be rather ideal than not. The gentleman from New York, to whose remarks I have had occasion so often to

tension of the judicial system which we propose, that I will briefly notice before I conclude. It is said that the representative principle should not obtain in this court. agree that there should not be a representation of factions, political or sectional; but there should be a representation of legal knowledge, of that description of legal knowledge of the local enactments or municipal regula tions of the various parts of the Union, which can only be acquired by a judge, by presiding in the circuits where they obtain. To this extent, I maintain that the represen tative principle should obtain.

I feel, sir, upon this subject, and therefore speak, as a Western man; though sure I am, if it were viewed with the liberal eye of a statesman of enlarged views, it would

JAN. 21, 1830.]

[Here the debate closed for this day.]

THURSDAY, JANUARY, 21, 1830.

WEST POINT ACADEMY.

West Point Academy.

The House proceeded to the consideration of the resolution moved by Mr. BLAIR, of South Carolina, on the 14th instant, and laid on the table; which he now modified so as to read as follows:

[H. of R.

not be regarded as a sectional measure, but as one deeply so reluctant was he, as a general rule, to put any obstacle affecting the whole Union, and one addressing itself to in the way of an inquiry, directed to one of the executive the magnanimity and justice of the whole Confederacy. I departments, that any member should see fit to suggest. trust, in the consideration we are giving it, it will be so This military academy is one of those establishments that regarded. We do not wish to take from the East any of has been probably more closely watched than any other the advantages which she now enjoys. We do not ask her within the range of our legislation; and there have been, to give up any thing that she now possesses; but we ask from time to time, so many searching resolutions sent to her, not as matter of favor, but of justice and of right, to the War Department on its account, that there is hardly a put us on the same footing--to extend to us the same advan- spot left which we may wish to touch by a resolution that tages. The West might appeal to Maine, and say, you has not been covered by some previous call. These inquiare the only one of the younger members of the Union to ries, so far as they had fallen within his observation, have which this system was promptly extended upon your ad- been, in every instance, promptly and fully responded to mission into the Union. We will not deprive you of it, by the department under different administrations; volume but we ask of you, after such long delay, to extend the after volume of reports are sent to us, printed, bound, same system to us. We say to the East generally, that and placed upon the shelves of the library, not, sir, it whether you view the Western country in regard to its would seem, to be opened by us, for whose benefit, and territorial extent, its salubrity of climate, its fertility of at whose beck, but not at whose expense, they were placsoil, its present population, or its ultimate destiny, you ed there, but to be followed by other fresh volumes, emfind the sure presages of a great and a powerful people, bracing the same facts, and sent to every new Congress, whose pride it will ever be to draw still closer the union in reply to the requisition of some honorable member, to that binds us to the elder members of the Union. Will whom, as a matter of course, we extend the courtesy of you still keep us without the pale of your judicial system' our votes. This practice, he thought, was going too far. Sir, permit me to say, before I take my seat, that if we Why repeat these drafts upon the department, when, by can get nothing more, I will vote for this bill. It is not all looking at our own documents, we can find, ready print that we ask, but it is better than what we have. I trust, ed, the very information for which we are looking else however, that it may yet be amended so as to do that full where? But, to come to the resolution now before us: it justice to the Western States which they have sol ong asked asks for a list of cadets who have belonged to the acadeat your hands without success. my since 1802, noting those who have been commissioned in the army, and those who have left without commissions. Now turn to the volume of documents for 1824, and we shall find a very full and lucid report from the then Secretary of War, (the present Vice President,) bringing the required information up to that period. It gives us the number admitted in each year; the number who have completed the regular course of studies; a list of those who have received commissions, and those who have been dismissed, or permitted to depart, without commissions, from "Resolved, That the Secretary of War be requested the first establishment of the institution, under President to furnish this House with a Register, exhibiting, in each Jefferson, to the then present time. But this is not all, nor and every year, the names and number of all the cadets a tenth part of what we have drawn from the departthat have been received into the Military Academy of the ment in relation to it. In 1822, the House, in answer to one United States from its first establishment until the present of its resolutions, was furnished with a list of all the catime. Also, the names and number of applicants reject- dets who had left the academy without entering the army, ed; the States from which they came respectively; distin- and the amount of money paid to each during the five preguishing between those who have graduated and received ceding years; also, a list of such officers as have been educommissions, and such as have withdrawn, or have been cated there, and who served during the last war. dismissed from the institution; how many have been in said more can you reach by this resolution (in regard to these academy, whose fathers and guardians were, or are now, particulars) than you already have, for the time, covered members of Congress, or other officers of the General by the sereports? Subsequent reports, and the blue book, Government, or Governors of States, and how many such which is put into the hands of every Congress, and which are now there; what the monthly pay of the cadets, and will be in a few days upon our tables, bring the informawhether they are supplied with rations, fuel, quarters, tion up to the present time. Besides, we had a report at &c. at the public expense, or are furnished by themselves; the last session from the gentleman then at the head of the stating also, as far as practicable, what proportion of them department, [General PORTER] which gave us the number (if any) were in circumstances too indigent to be educated of cadets commissioned since 1820, designating those now on their own means, or those of their parents; the names in the army; and his predecessor, [Mr. BARBOUR] in the and number of those graduates now in the army of the session before, sent us, in answer to a call, a particular United States; also, the names and number of the profes- statement of the expenses of the institution, from year to sors, instructors, and all other officers employed in said year, ever since it was organized. What else do we now academy, with their pay and emoluments-adding thereto ask for? Why, that the Secretary of War would tell us the entire aggregate expense of the institution, annually, how much the monthly pay of a cadet is. What, sir, after with such remarks as may explain and elucidate the whole." having made a law ourselves establishing the pay, shall we Mr. INGERSOLL said, a call for information is one of send elsewhere to be informed as to the wages we ourthe last things which he ever permitted himself to oppose. selves allow? Shall we, who are a part of the legislative Nor did he rise now so much to interpose an objection to branch of the Government, send to an executive departthe call, as to refer the honorable mover of the resolution ment to learn the tenor of our own laws? This would be to several reports from the War Department in the libra- an anomaly in legislation. If you wish for such informary of the House, which will be found to contain nearly all tion, open your statute books, would be a very proper anthat is sought for by the proposed inquiry. If, after look-swer of the Secretary to such an inquiry. But, as if to ing into these documents, the gentleman from South Caro- render this part of the call doubly useless, we have been lina should still wish to urge the passage of his resolution, furnished, for nearly fourteen years past, with a minute although he [Mr. I.] might deem it in the main unneces-statement, in the blue book, of the names and number of sary, yet he could not say that he should vote against it, all connected with the academy, whether as teachers or

What

H. of R.]

West Point Academy.

cadets, the States from whence they come, and an accurate account, in dollars and cents, of the sums paid to each. Other calls and other reports, similar in kind, might be referred to; for there has hardly been a session during the last ten or dozen years, that a paper shot has not been aimed at West Point from this or the other branch of Congress.

But a few words as to another item; the resolution asks for a list of officers now in the army, who were educated at the academy. Precisely this list was furnished but one year ago by the late Secretary, and is with the rest carefully bound in one of the volumes of documents of the last Congress: surely it cannot be necessary to send again to the department to have the names written by one of the clerks, when we have them in print, at the command of every gentleman who wishes to see them.

[JAN. 21, 1830.

do you want proof of it? Look at the estimate made by our own officers, and laid upon our tables. They are put for this year at twenty thousand dollars more for this House than has been appropriated hitherto; and those of the Senate are put ten thousand dollars higher than they have heretofore required. This is not the fault of the officers of this House, or the other House, nor of any others out of Congress; the fault is here. It is a sober truth, that, while we are sending forth speeches on the subject of reform, we practice but little of it in these concerns; like the charity of some, it does not begin at home. We point out the rough path to others, but are not found in it ourselves. As one step towards the true path, he would dis continue the practice to which he had adverted, of sending for and printing books of reports on subjects about which our library is already filled with volumes.

Mr. TUCKER expressed his regret that there should be any objection to the resolution. He thought the inquiry should take place; and, if there were no grounds for com

contrary, partiality had been shown in its management, it was time it should be known.

We now come to those parts of the resolution which propose new topics of inquiry, and to those he had not the slightest objection, if any gentleman wished them they are as follows: How many of the cadets were in in-plaint, it would be a credit to the institution; but if, on the digent circumstances, extending the inquiry back to 1802 How many have been the sons of members of Congress? Who have been applicants for admission, and have been Mr. BLAIR, of South Carolina, then addressed the rejected? As to the first, who of the cadets have been House, and said, it had then become necessary that he indigent, or what has been the pecuniary condition of should state his reasons for offering the resolution; and, their parents? This question might be very difficult for in answer to the gentleman from Connecticut, it was suffi the department to answer. There can be nothing in the cient to say, that any document or report we have ever department which can show the pecuniary condition of had in relation to the Military Academy, was quite deficient the parents of those who have been educated; nor can the in details, and altogether silent as regarded several importSecretary gather that information for us without establish- ant items of information called for by the resolution. He ing an inquisitorial examination in the different States, had examined those documents, [he said] the most ample hardly compatible with the free institutions to which our of which was the report made in 1828, and it was, as he constituents have been accustomed. Any partial informa- had stated, quite deficient. He thought full and entire tion would be invidious, and more calculated to mislead information in relation to that very expensive, if not import than to enlighten us. The next inquiry, how many have ant institution of our country, would have been desira been sons of members of Congress, might be much easier ble, not only to the Military Committee, of which he was answered, and he would go heart and hand with the mover a member, but to Congress generally, and to the nation. of the resolution to ascertain how this had been. But he He, therefore, had not been disposed to make a speech in could not but think that even this was an inquiry that support of a mere call for information. He thought he could be more properly answered among ourselves, (for it should be regarded as bestowing a poor compliment on concerns us and those who have gone before us,) than by the intelligence and honest intentions of that House, were sending to the Secretary of War. Our own officers, the he to offer reasons or arguments in support of such a proclerk of this House, by comparing the rolls of the cadets position; and believing there could be no reasonable objec with the registers of our members, aided by such information to the adoption of the resolution, he had been disposed tion as he could obtain here, could soon furnish us with to submit it to the decision of the House without a single the requisite list, without going after it beyond our own comment. He certainly had not [he said] anticipated the walls. If, however, others preferred having it from an opposition to the resolution which it now seemed destined executive department, be it so, he should not coinplain. to encounter. Some of the senior members of the House, Again, as to the list of candidates who have been re-[he said] to whose examination it had been submitted be jected, he had not the slightest objection to the call in this fore it was presented, thought it ought to pass, and would particular. But why not carry the principle out to its full pass, as "a matter of course." Surely [said Mr. B.] it extent? why not go at higher game, and, instead of limit- cannot be the policy of this House to suppress information, ing the inquiry to the boys who have tried to get in at full and entire information, as to the utility and operation West Point, ask also for the list of men who have been of one of the most expensive establishments of the Gounsuccessful applicants for other offices in the civil depart-vernment, particularly when it is well known that jealousy ments of the Government? Such a document might make and prejudice exists against the institution to a very great a pretty thick book, but it might be useful, and certainly extent. Suppressing or limiting the information now would be more sought after than most of the documents called for, would not [he said] lessen the jealousy, or obvithat are spread before us. It was not, however, to these ate the prejudice of which he had spoken. Many well points that he had risen; for had the resolution contained meaning and well informed men [said Mr. B.] regard this nothing but these inquiries, he should not have uttered a military academy as the hot-bed of a military aristocracy. word. But it was the loose practice which has been in- They view it as a dangerous excrescence of the Govern sensibly growing upon us, of calling for information that ment that ought to be cut off. In its original organwe have already in our hands, that he protested against. ization, under the administration of Mr. Jefferson, it He could not consent to have document after document, was intended only to educate a few military engineers, containing no new facts, piled up before us till these to construct, when necessary, military fortifications, &c. bureaus are nearly buried under the wet paper that the But it has been perverted from its original and legitimate messengers put upon them every morning, and the half of object, and changed, by "piecemeal," into what it is at which no one thinks of reading. It is time that this prac- present, and what, originally, would have been regarded tice of the House was reformed, for, with its growth, our as highly inexpedient on account of its expense, and quite contingent expenses have grown also. It is notorious that unauthorized by the constitution on account of its objects. these expenses have increased, are increasing, and, he It is believed, too, that the public utility resulting from it, thought, ought to be diminished. They are increasing; if any, is far outweighed by its cost; and although it is

JAN. 22, 1830.]

West Point Academy.

[H. of R.

Mr. B. said further, if the inquiry was permitted to be made to the extent he proposed, he thought it would be found that the patronage, favors, and benefits of the institution were principally bestowed upon those least in need of them; he meant the sons and favorites of the wealthy-my, without their names; how are the people, or how are men possessing office and authority; who would be educated if the Military Academy had never existed--and who, not being absolutely dependant on arms, or any other profession or business, generally preferred their ease to a continuance in the public service; and, indeed, if they continued in service, we would soon have more officers than

men.

nominally a military school, open to all, yet it is, in fact, a After some further remarks, he proposed to amend the school only for the great and the wealthy, where none but resolution by striking out, 1st, "names and" where they the sons or favorites of men possessing power or popular- occur the first time; 2d, how many have been in said ity can be entered-most of whom, after being educated academy, whose fathers or guardians were, or are now, at the public expense, retire to private life, while, at the members of Congress or other officers of the General Gosame time, the expenditures of the establishment (as was vernment, or Governors of States;" 3d, “also, as far as well known to all) were drawn from the pockets of the practicable, what proportion of them (if any) were in cirpoor as well as the rich. He knew it would be said the cumstances too indigent to be educated on their own poor were received into the Military Academy, as well as means, or those of their parents." the opulent. Well, [said Mr. B.] this is one thing among Mr. BLAIR replied, that he would have no objection many others that I wish to ascertain by the resolution to any amendment that would make the inquiry more have offered. The fact is doubted--or if a few instances broad, or render the desired information more ample and can be adduced where poor friendless cadets have been complete; but the amendment proposed would have the nurtured by the institution, they only weigh as the "dust opposite tendency, It would, if adopted, render the rein the balance" against those of the opposite description; solution almost a nullity, make it quite useless. Indeed, and if not dismissed for incompetency--as it rarely hap-[[he said] he should regard the adoption of the proposed pens that a poor, friendless lad can obtain credit even for amendment as tantamount to a rejection of the resolution a little common sense--they are retained only in a few so- itself. The names [he said] were essential for the purlitary instances soon merely to "save appearances." pose of showing how the patronage of the institution had been bestowed, and to what class of society its benefits had been confined. For example, [said Mr. B.] suppose that ten cadets, from South Carolina, Maryland, or any other State, have been dismissed from the Military Acadewe, to ascertain to what rank of society they belong? Without their names it would be impossible to determine that point. He disclaimed every thing invidious, or calculated to reflect censure on the members of Congress; or to attach criminality to those who had recommended applicants for admission into the Military Academy. In that respect, [he said] he presumed all, or nearly all, Sir, [said Mr. B.] all those objections, and all those were equally guilty. He himself had, on one occasion, doubts and suspicions are entertained by a respectable made such a recommendation, and it had been successful. portion of the community. He, therefore, thought the He again repeated, he meant nothing invidious, and was friends of the institution (if indeed those doubts and sus- not disposed to wound the feelings of any one, or to hold picions were unfounded) ought to encourage a full and them up as objects of scorn or derision; and he was sure complete inquiry into all those matters. If the operation the report called for by the resolution could not have that of the institution had been as beneficial and impartial as effect, in as much as the cause of dismission was not reits friends seemed to imagine, they had nothing to fear quired. But the names being necessary to show how the from the inquiry. If [said Mr. B.] they have done well patronage of the institution had been bestowed, he hoped in fixing upon us this extensive establishment, I hope they they would not be stricken out. It was true [he said] will not refuse to exhibit its results. "They ought not that some small part of the information called for might to keep their candle under a bushel." If [said he] the be found in reports made heretofore; and that the pay, institution has operated impartially and for the public &c. of the cadets was fixed by law. But all this was scatgood, a development of its merits will make it more popu-tered-little as it was, it was scattered through various lar. If, on the contrary, it is partial and exclusive in its documents; and those who might have an opportunity to operations-carrying with it some latent danger-and is, peruse the report, might not have it in their power to exat the same time, more expensive than useful, the sooner amine the law. But few of the people could ascertain it can be known the better--and it ought to be known the laws of Congress on any subject; and his object was both in and out of the House-it ought to be generally to have the whole of the information, contemplated by the and universally known. He hoped, therefore, the resolu- resolution, in one document, that members might not be tion would be adopted. The information it contemplated, under the necessity of hunting through half a dozen offiwas altogether desirable; as a member of the military com-ces, and plodding through twice that number of documittee he asked it; as a member of that House he request-ments, for a few items of information about the Military ed it; and as one of the American people he demanded it. Academy. Mr. B. concluded by offering a modification, by adding after the words "members of Congress," all other officers of the General Government, or Governors of States. Mr. DORSEY said he hoped the gentleman would accept a verbal amendment which he was about to offer. He professed himself a friend to the institution. He wished to see it flourish-he wished to allay all prejudice against it. It had been his uniform temper and disposi- The House resumed the consideration of the resolution tion to encourage resolutions for inquiry, and he should moved by Mr. BLAIR, of South Carolina, on the 14th not object to it on this occasion. But he could not con- instant, the question being on the amendments moved by sent to a resolution which would emblazon to the world Mr. DORSEY, yesterday. The first amendment was rethe names of juvenile delinquents, who might now be use-jected; and the question being on the second, ful members of society and ornaments of their country. Mr. CROCKETT, of Tennessee, hoped the amendHe could not agree to harrow up the feelings of fathers and ments would not be agreed to. He labored under a confamilies, by publishing the names of such as may have siderable responsibility respecting this academy; he himbeen expelled or discharged for boyish indiscretions, self was opposed to the school; and as it was possibly for which the individual guilty of them may now deeply de- the want of knowledge, he wished to have all the informa plore. He asked what earthly good could result from it?mation he could get respecting it. His responsibility arose VOL. VI.-70

Mr. JOHNSON, of Kentucky, followed with some remarks on the subject of the resolution; but, before he had concluded, he was reminded that the hour for the consideration of resolutions had nearly expired.

FRIDAY, JANUARY 22, 1830.

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