Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. MADISON saw no necessity for referring this subject to a select
committee. If it was suggested that the official information which was
before them was inaccurate, and that a more full explanation of the
situation of things was necessary, there would be some ground of
reference; but he did not find that this was the case. The Secretary of
War stated facts, and referred to documents to prove "that the Indians
had greatly perplexed and harassed, by thefts and murders, the frontier
inhabitants of Tennessee, had shown themselves in considerable force,
and killed at two stations fifteen persons." If this was a state of
facts, and it could not be doubted, the words of the constitution on the
subject were clear: "No State shall, without the consent of Congress,
lay any duty on tonnage, keep troops, or ships of war in time of peace,
enter into any agreement or compact with another State, or with a
foreign power, or engage in war, unless actually invaded, or in such
imminent danger as will not admit of delay."[6] There could be no doubt,
therefore, Mr. M. said, but this expedition came within the meaning of
the constitution. In many cases, he said, it was difficult to determine
betwixt offensive and defensive operations, as it was sometimes
necessary, when acting on the defensive, to use an offensive measure. He
had no doubt on the subject, and thought the expense of the expedition
should, by all means, be paid.
Mr. DAYTON (the Speaker) said, that he was not prepared to adopt the
resolution which was moved by the member from Tennessee, nor even to
decide finally upon it, unless he could be persuaded that the gentleman
from Virginia (Mr. MADISON) was correct in saying that the report before
them contained all the information which it was possible for them to
obtain. He was convinced that there were other official papers and
documents which would throw additional light upon the subject, and
therefore, ought to be in possession of the Committee of the Whole
before they took any decisive step. He alluded to the confidential
communications from the PRESIDENT, in December, 1792, which gave rise to
lengthy discussion, with closed galleries, upon the measures that ought
to be adopted in consequence of the hostile acts and threats of those
very south-western Indians, who were the objects of the expedition for
which they were called upon to pay. The House of Representatives then
decided that they would neither declare war against those nations of
Indians, nor authorize the PRESIDENT to carry an offensive expedition
into their country, if, in the recess of Congress, he should deem it
proper, in consequence of their continuance in hostility. As the acts of
Congress upon this very application would operate in future as a
precedent and kind of commentary on that part of the constitution which
limited the instances in which a State might levy troops and act
offensively, without the previous assent of the General Government, they
could not, Mr. D.
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