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.