Mr. Ames was also in favor of the motion : He thought confining the felccfiions for those com panies to the particular period mentioned, would deprive us of the fervicesof many of the soldiers of the late continental army, whose knowledge and experience would be highly ufeful. He I'ug gefted difficulties which would result from col lecting the persons of the above age, from differ ent parts of the country, in order to forming them into futh companies. Mr. Sturges observed, that he thought afiinple regulation, that all the militia ffiould be called out so many times a year would be fufficient : This general plan would leave thefeveral independent corps as they now are—and these particular com panies would be fele<fted as heretofore. Mr. Partridge was opposed to the amendment. The object of the bill being to dilcipline the mi litia, it feeined to follow of course, that persons of an age, the moll likely to learn, should not be ex cepted. Mr. Giles said, that gentlemen did not appear to take -a comprehensive view of the bill : One objedt of which is to establish a military school. In order to this the bill .proposes that persons should commence their military course at an ear- Jy age. Iffuch persons are called upon oftener than those of more than 25 years, it does not fol low that it is unequal—their military knowlege must befuppofedto be leis. He obviated the ob jection of the gentleman from New-York, by fay ing that as military knowledge is neceflary for all, it follows, tliat young persons of every size may be trained in one or other of these companies. Mr. Fitzfimons still fupporred his motion, and said the difficulty started by the gentleman from Maflachufetts [Mr. Ames] arising from local cir cumstances, had not been obviated Mr. Boudinot said the difficulty, on account of manufacturers, had not escaped the committee ; but it could not be avoided without defti oying a principal feature of the bill. He said the objec tion might however be in fomemeafure leflened, by altering the clause from 18 to 20. The question being taken, it pafled in the af firmative. Mr. Smith's (S. C.) proviso, respecting inde pendent corps, was read : It provided that com panies in the refpetftive States, incorporated by the Legislatures, should not be disbanded or in cluded in the militia, but retain their former station. Mr. Giles said he was disposed to think this proviso more extensive than gentlemen imagine: It may in its operation exempt all the companies in the United States. The expression is so gene ral, and indefinite, that it may not answer the pnrpofe intended, as those companies are,known by different denominations—while it may be pro du&ive of great difficulties from its want of pre cision. Mr Amci an account of the several inde pendent companies in Maflachufetts, particularly that known by the name of the Ancient and Ho nourable Artillery—a company which poflefled funds, and had for many years been in pofleffion of a charter from government: It had been con sidered as a military fcliool for a long time—it is conipofed of Generals, Colonels, and inferior of ficers, and other refpetfiable persons. This, with other independent companies, rendered essential services in the time of the infurredlion in that state ; and they prove, by their example, a ftiinu lous to the militia—they have incurred great ex penses to equip themselves, and it is supposed merit the privileges and diftin«Ttions they have long enjoyed. Mr. Sturges observed that the proviso was de fective, as it does not point out the duties which these companies ought to perform. Mr. Huntington said these companies were, he believed, under the orders of the regimental colonels ; at least that was the cafe in fonie of the States. Mr. Seney moved, that as there were indepen dent companies who are not incorporated, it would be proper to ftnke out the words incorpo rated by the alls of the federal States. He said, if this proviso fiiould pass without his amendment, it would give exclusive privileges to particular companies who happen to be incorporated •while the fame privileges will not be extended to other companies, equally meritorious, who do not happen to be incorporated. Mr. Smith's (S. C.) motion being put, was ne gatived. The le«fiion which provides that the militia shall turn out four times a year in companies, Mr. Hartley objected to. He said it would be too frequent. He did not consider the militia as a military school—and such frequent aflemblings of the people had a tendency to diflipate the manners of the people, especially youth. He moved that the claufc should be altered, so that companies and battalions ftould be »bliged to turn out only twice a year. Mr. Wadfworth suggested an alteration in the amendment, that the clauf'e fliould be altered to read once a year in battalion, and four times in companies Mr. Oilman moved another amendment, that the militia should turn out in companies three timei, and once in battalion. Mr. Jackson regretted that one principle of the bill was struck out, refpecfting light-infantry companies. He did not suppose (that though we are obliged to have some ltanding troops) we were to depend upon them. - He should regret the time when this country would depend on a standing army. He enlarged on the importance of disciplining the militia : This, said he, is con fident with the ftridteft principles of republican ism. He believed.the preservation of liberty very much depended oil a good militia:. He thought four- times a year would not be too bur thenfome, and he was pretty sure it was little enough to answer any eflential purpose. Mr. Sherman was in favour of four times in companies at least, and in battalion as might be found convenient. Mr. Wadfworth observed, that less than four times would answer no purpose at all. Indeed, it is said, nothing is to be expeifted ; if that is the cafe, let us give up all thoughts of a militia bill—but what then becomes of your national defence ? Mr. Hartley's motion was loft Mr. Sherman moved that the clause be amend ed, to read, that regiments turn out once a year— Carried. On motion of Mr. Wadfworth, the times of rendezvoufingin regiments and companies is to be regulated by the officer commanding the brigade. The clause which provides for a Commissary of Military Stores for each State, Mr. Parker moved should be struck out. He said the several States are competent to taking care of their own mili tary property. This motion was agreed to. Mr. Wadfworth moved that the Adjutant Gen. fhoukl have the rank of Brigadier, instead of Lieut. Col. as proposed by the bill. Mr. Sherman observed, that according to the last regulations of the army, no ftafF officer was to have any rank. Mr. Wadfworth replied, that the regulation which the gentleman had mentioned, refpeifted ftaff officers only who never have any command —but an officer of such importance as the Adju tant General, on whom so much depended, and who might be inverted with a very important command, he conceived ought to rank higher than a Lieut. Col. This motion was adopted. Adjourned. TUESDAY, Dec. 21. Militia Bill flill under confideralion. The 9th, 10th and 11 feiftions were read. Mr. Bloodworth said, that in his opinion the house had entered too much into minutiae of the business, and in a great measure were about depriving the Itates of the power granted to them by the constitution. The general govern ment ought only to organize the militia, and di reift the mode of difciplipe. The militia, he ob served, was only under the direction of the gene ral government when called out in the acftual ser vice of the United States ; the different states had the appointment of officers and the right of trainingthem : but owing to themany particulars attended to in the bill, he could fee but little room left to the dates for the exercise of their power. He thought that endeavouring to establish a perfedt uniformity in fines, would render that part of the system very defective ; as the fame fine might bejuftly complained of as heavy in one part of the country, and at the fame time be conlidered so trifling in another part as to ren der it ineffectual ; he therefore wished that this part of the business be left to the states to per form. He moved for ttriking out a number of clauses, containing several of the particulars he objected to, not carried. The 12th, 13th and 14th fecftions were read. The two firft pafled without alteration ; the third was ftruckout. Mr. Madison said, he conceived it would be ne ceflary to pass a law, authorising the President of the United States to call out the militia, as the constitution only fays, that he {hall be comman der in chief of the militia when in the ferrice of tW? United States, without giving him the pow er of ordering it out. Mr. Fitzfimons wiihed a clause inserted in the bill, granting the President that power. Mr. Boudinot conceived it was not the inten tion of theconftitution thathe (hould bepoflefled of such a power. It could only be granted to him by afpecial acft of Congress. Mr. Smith read a law palled last feflion, and still in force, giving him that authority. The t 6th fecftion (providing penalties for those not performing n.ilitia duty, and pointing out exemptions) being read, Mr. Sherman moved to have it struck out. It was, he said, an absolute poll tax, and not levied according to the number of inhabitants, which was in violation of theconftitution. Mr. Burke said it was contrary to the interest of the militia to eftabliih so many exemptions as had been provided. He gave notice, that when the report came before the house, he would move for their reduction, and give his reasons fully. 682 It was contrary to the confutation, he also ob served/ to lay a tax upon certain clafles of citi zens ; it was not consonant with the principles' ofjuftice to makethofe conscientiously scrupulous of bearing arms pay for not a<fting against the voice of their conscience. This, he'Jl'aid, was called the land of liberty, in it, we boasted, that no one fuffered on account of bis conscientious scruples—and yet we are going to make a respec table class ofcitizens pay for a right to a free ex ercise of their religious principles : It was con trary to the confticution—it was contrary to that found policy which ought to diretfl the house in establishing the militia. Mr. Jackson said he certainly fliould oppose the principle started by the gentleman lalt up. Who was to know, he asked, what persons were really conscientiously scrupulous There was no tribunal erected to make them swear to their scruples. If the principle was adopted, lie con ceived, very few would be found, if their own word was to be taken, not conscientiously scrupu lous. There are, he said, other fetfts, befidesthe society of Quakers, averse to bearing arms. If the principle was adopted of requiring no c'om penfation from the exempted, it was laying the axe to the root ofthe milkifi, and, in his opinion, the bill might as well be postponed altogether. He did not chufe to enter into the fubjetfl fully at this time : He would wait until the bill cnme before the house. The 17th fecftion (providing infpedlors of the militia) was read. Mr. Seney said, Maryland he thought should have two infpecftors, itiftead of one, as provided by the fe<stion : That state, heobferved, was divi ded by a wide and sometimes dangerous bay, which could not at all times be eroded. Two infpetftors were agreed to for Maryland, one to reside on the eastern, the other on the western shore. Mr. Lawrance fawan impropriety in providing the fame allowance for all the infpedors,without regard to the quantum of duty to be performed. The duty, he observed, of an infpecitor in the State of Rhode-lfland, could not be near so great as that of the infpecftor in the State of New- York. He moved that their different salaries be fixed and fpecified in the bill. It was agreed ; and the blanks lefcto be filled with such sums as shall be deemed proper, kvhen the honfe (hall take that part of the bill into con flderation. Mr. Sherman was of opinion that some of the duties, by this fetflion to devolve on infpejftors, to be left te the States to exercise. Their duty should be confined to fuperintenrling the excrrife and nictnocuvrec. Mr. Bloodworth was averse to appointing an officer to be directed by state laws. He ftiould be appointed, said he, by the state. Mr. Wadfworth said, in his opinion, he ought to be a continental officer, and conduct himfblf in his office in conformity to the laws pafled by the States. Mr. Smith moved that that clause which leaves the appointment of this officer to the president be struck out, and that it only be fpecified that such an officer shall be appointed. Mr. Boudinotconfidered this officer as appoint ed to affilt the President : It was necessary that the commander in chief should be acquainted with the state of the militia, tliroiigli-rit ti'.i con tinent; it was impoflible for him to gather this information without aliiltance, the officer was ap pointed for that purpose, he should be consider ed as a continental officer, and as such was to be paid by the general government. Mr. Smith (aid, if his motion prevailed of ha ving this officer appointed by thejftates he would also move that his salary be paid by them. Fe was to all intents and purposes, a militia officer, and as such was in the appointment of the States' Mr. Lawrance wiflied thp clause {truck outj and the power of the dury of infpe«slor left to the adjudantggeneral .• In New-York this is the cafe. Mr. Boudinot fa>d, he thought the duty too great, and the {alary such an officer would require more than the states would consent to give, the officer would not be appointed, and the President could not receive the neceflary information. The infpertor was not a militia officer ; but appointed to collect the information the President {hould want, for the benefit of the union. Mr. Fitzfimons gave it as his opinion, that the officer fliould be under the appointment of the President. Mr. Sherman said, there appeared to be a di£ trufl of this infpetfior, unless appointed by the President ; he thought there could be no just foundation for entertaining this opinion, if he should be appointed by the slates. He was cer tainly appointed for the good of the union ; but if the leveral states did pay his salary, the expence would in the end devolve on the United Stares. It was agreed to leave the appointment to the states. Mr. Stone moved that the clause giving to in fpeftors the rank of lieut. col. be struck Out. He observed, thatfince the appointment of those of ficers was left to the states, the house could not with propriety fix the rank.
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