\ CONGRESS. VTTILAV) E L P H I A HO USE 0 /■" R£PK E. 3 E NTATIVE $, » '-•> -•, February 21, 1792. IN .COM OF T9£.WKOLI. ' On thi fylilitia Bill. ' "Y/J~K.. Vi S\h 4H in file chair.—The fir It fee "*■ , l '°" ' n & »euJ ">lr. SiurgeS said that he conceived !oir.e anieacfcueiit was llijcetlary to this iediion, h appeai-s t:. confidcr the militia of ihe leveral Hates »>• he nilitia 01 the Union whereas the-constitution considers it as, belong ing to the respective itates—that the states alone aie to fay of what description of persons ihe mi ina fliail confilt, and who dial) be exempted from militia duty—Congress have only power to or ganize them, when thus designated. He there fore moved that the fecftion should be amended, by ttriking out the clause which he considered qs involving the principle he was opposed to. 11. -jeney observed, that the consequence of me gentleman's motion would be, to render the powei of Congress in organizing, arming, and dif ciplining the militia, entirely nugatory. Mr. Barnwell enlarged on the ideas fuggefled by Mr. Seney. °° Mr. Livermore made some general remarks on f e terms u(ed 111 the constitution, to designate the power ofCongrefc in refpec<t to the militia- He contended that they were the molt vague and indefinite that could pofiibly have been adopted. He agreed fubltantially with Mr. Sturges. It is the militia, laid Jhe, of the several Itates that ongrefs have power to organize, and provide a inode of difciphne for—lt is not a militia to be ormed, or created, it already exists—He there to,- thought it heft to leave it to the refpetfive Itates to tnake their own militia laws. Mr. Barnwell observed, that the consequence of the gentleman s proposition, would be a total want ot uniformity in the militia, and a clashing from different milit.a fyflems. That it was in vain to expeJt an effective militia, except Con g.e s should exercise the powers lb expressly de legated in refpeift to this business. Mr Boudinoc observed, that from the experi e""Co;frf las had in th e preceding feflions of the d,ftcuk.es attending this bufineft, he was ii y o opinion that a plan of conciliation alone would ever procure a patTage through the lature for a m.litia bill-He adverted to the pow ers of Congress in this business, and to those re ierved to the Rates—to the latter, he said was - expressly reserved the power of appointing the officers, and it they refufe ,0 do it" there fs 1 power 111 Congress to compel them. He there ticutXtl WUI ? - he gendema n Connec r!!l 111 °P lnioll ! tha t the law which Congress fliall pass, must be very fin,pie in ks ble. a " d ' efer C ° aS few ob as poffi! Mr. Hillhoufe controverted the sentiments ad vanced by Mr. Boudinot—He said the natural in.eience was that Congress poflblles no power « all >n the cafe ; for if what that gerXnan advances is true, no provision that Congress can [In,. ? . lllaC , Con g lefs virtue of the powers the .nil'itia r em r e 7° wered t0 organize the militia, to fay what descriptions, ages & c the nulitia ihall consist of-to form them' into cotnpan.es, Corps regiments, &e.-and tha t wl,e° this is done, the states are to appoint the officers for previous to Inch an organization, the states cannot exercise the power of appointing the of ficers. He hoped therefore thatUe would not be agreed to-but that the committee would proceed ... the business agreeable to the express powers of the conftuution, and when they came to the feOt.on making the exemptions, he hoped they would make thein on a very liberal f-a'e— that the militia Ihould confiit of fuel, persons as would be capable of rendering service. Mr. Wadfworth opposed the motion—He ob feryed that the bufmeli had been managed in fuel, manner, as to pare the bill „ ow under con Iteration, down to such an inadequate, defective fyfteui, that he did not feel much interested in its fate—ft,ll he hoped the motion would no prevail, for he considered it as better than no provision at all He said that the militia of the everal states ex,ft at the present moment more by general con fen t of the persons forming thein 111 the feyeral states, than in confequence of any laws of the particular states The people in f e ■veial states already avow the fentiinent, thatthev think that Congress alone has the power to form the ir.iliua. " Mr. Sedgwick enlarged on the ideas of Mr. Wadfwortli— lie further remarked that the a mendment proposed would operate extremely unequal—and would defeat the public expecta tions of an efficient military defence, fu'ch an one as was confident with a free government. Mr. St urges supported his motion —He was sur prized to liear gentlemen express their apprelien fions that we should have no militia at all Ad verting to the confutation, he explained what he considered the meaning of organizing, &c. it limply relates to forming, arming and arrang ing in a particular way, those materials which are furnifhed by the militia laws of the several ftates—ln reply to the objections derived frorn the inattention and aversion of the states, tofuch requilitions as Congress may make, he said it was not to be supposed that the states would be so inattentive to the means of their own preser vation, as to neglecft their duty in this refpetf. , Mr. Niles supported the motion. Mr. Murray observed, that in no particular point of view was the people to be considered as united for general purposes, more than in that of the general defence. The militia contem plated in the constitution, certainly does not mean an existing militia ; for many of the states have no militia nor militia laws—and therefore the clause mull refpecft a militia to be formed or created—He enlarged on the neceflity and wis dom of the pro"ifion—The appointment of the officers, he considered as being properly left in the power of the states. The motion was negatived. . O (TO pt COK'T tN U FD.) •The Jolkxu'tng are the refutations proposed by Mr. Fitzfimons, the aid inji. Resolved, that it is the opinion of this committee, lit. That the term for receiving on loan, that part of the domestic debt of the United States which yet remains unfubfcribed, be extended to the firft day of September next, on the fame terms as was provided by the act making provi fion for the public debt bf the United Sta es. 2d. That provision ought to be made for pay ment of the interest 011 the unfubfcribed part of the domestic debt of the United States, to the firft day of January, 1793, on like terins.as was provided by the acft aforefaid. 3d. That the holders of loan-office certificates, iflued between the firft day of Sept. 1777, and firft day of March, 1778, be entitled to receive interest thereon, at the fame rate as other non fubfcribiug creditors of the United States, with out being obliged to exchange such certificates. 4th. That the term for receiving on loan part' of the debt of the individual States, aflumed by the United States, yet unfubfcribed, be extend ed to the firft day of September next, 011 the fame terms as provided by the acS making provision for the public debt. sth. That a subscription for a farther loan in the debts of the individual States, be opened and continued to the firft day of September next, not ,to exceed in the whole millions of dollars, in the proportions following, that is to fay : In the debt of New-Hanipfhife, Maflachufetts, fthode-Ifland, Connecticut, New-York, New-Jer-' fey, Virginia, North-Carolina, South-Carolina, Georgia. -Provided, That the interest on such loan (hall not be payable before the day of : And provided, That when the sum, to be aflumed by any State, shall not be subscribed by the holders of any of the evidences in which the fame is made receivable, the State /hall not be entitled to receive interest on the residue. 6th._ That the fubfcriptioi>s to the aforefaid loans in State debt, be payable in such certificates, bills, notes, and evidences of debt whatsoever as shall have been ifi'ued by the respective States' and by, the several coinmiflioners of loans of the United States, 011 account of the excefles of the funis subscribed in certain States bey ond the sums heretofore aflumed for such States. Provided That no such certificates, bills, notes or eviden ces of debts of the refpedive States shall be re ceivable upon the laid loan which, from the te nor thereof, from any public record, acft or do cuinent, shall appear or can be ascertained to have been illued for purposes irrelative to com pensations and expenditures for Cervices or sup plies towards the profecuuon of the late war and the defence of the United States, or of some part thereof during the fame ; but this shall not be construed to exclude any certificate, bill, note or evidence of debt which shall have been ifTued 111 lieu or on account of any other certificate, bill note or evidence of debt which was itlelf ifi'ued' in relation to such compensations and expendi tures. J 7:h. 1 hat the debt due to certain foreign of ficers, the ,iitereft whereon is payable at the of Grand, in Paris, be discharged out of any monies obtained on loan, by the President of the United States, in virtue of the art making prov.fion for the public debt; which may now be unappropriated. Bth. That the interest on so much of the do nieftic debt as lias been or may be pun-haled for the United States, or as lhall be paid into ihe 3 86 Treasury, and f 0 much of the sum appropriate,! for the payment of the interest on the ioreia and domelhc debt as fliall be over and ,k g what may be fufficient for the payment of f°7 inrerett, fhal Ibe appropriated in tlie firft place ' the purchase of tl.e part of the public debt whirl'! bears an lnterelf of three per cent, per a'n„, A ' ul the part of the said debt, the interett where of ;s deferred until the said fund, with s uch ' ' dmons as may be made to it, (hall amount tor®, per centum of the public debt, hearing a it.terefl of fix per cent, per ann. until the wh„ (hall be redeemed. _ And thenceforth to be • n plied to the pnrchal'eor redemption of whatever part of the public debt may remain uudifchari; / until the whole (hall be extinguished The f I funds to be applied to .he purposes aforefJd U the comniiuioneis hereafter mentioned under the approbation of the President of the't/niied States. 9 th. That be cominiffioners for the purposes aforefaid ; and that a nrecT account of all the debts redeemed, and of all purchases by them made, be laid before the ] e giflature within months after its firlfc meeting in every year. , • TUKSDAY, March 27 Ayes and Noes on Mr Giles's morion for infti tunngan enquiry into the causes of the laie defeat : '[Sie lajl Gazette.] AYES. MelTrs. A {he, Boudinotj Clark, Findley, Giles Goodhue, Heifter, Kitchell, Lee, Macon, p aj r e ' arker, Schoonmaker, Seney, Sumpter, Sylvester' Thatcher, Tread well, yenable, Ward, Willis—2l! Mefl'rs. Ames, Baldwin, Barnwell, Benfon S. Bourne, B, Bourne, Brown, Fitzfimons, Gilhi'an Gordon, Gregg, Griffin, Grove, Hartley, Bj|)l lioufe, Huger, Key, Learned, Liveru.ore, Madi son, Mercer, Moore, Muhlenberg, Murray NiJes Sedgwick, j. Smith, I. Smith, W. Smith,'Steele' Sterrett,Sturges, Vining, Wbit£, Willia,nfon- 3 s Ayes and Noes on xMr. Ficzfinvons' motion on the fame fubjedt : Meflrs. Afhe, BaUwin, B. Boiirne, S k Bourne, Brown, Clarke, Kinilley, Firzfimons, Giles,; Gil man, Gordon, Gregg, Griffin, Grove, Hartley, Heifter, Huger, Key, Kitchell, Kittera, Lee, Li vermore, Macon, Madison, Mercer, Moore, Muh lenberg, Murray, Niles, Parker, Sedgwick, Seney, J. Smith, Steele, Sterrett, Sturges, Sylvester, Tread well, Tucker, Viuiug, Ward, White, Wil liamfon, Willis— 44. N O E S, Messrs. Ames, Barnwell, Benf'iu, Goodhue, Hillhoufe, Page, Schoonmaker, 1. Smith, W. Smith, Sunipter,— 10. A committee was accordingly appointed, con filling of Mefll Fitzfimons, Giles, Steele, Mercer, Vijiing, Clark, and Sedgwick. WEDNESDAY, March 28. A report from the Secretary of the Treasury, was read, containing an abftradt of the exports of the United States, and alio of the impoftand tonnage duties, during one year, ending with September laft.—Referred to a feleift committee. Mr. Fitzfimons, from the committee on the specie account of tiie Treasurer of the United States, made a report, which was read, and laid on the table. Mr. Madison moved, " that it be an instruc tion to the committee of seven, appointed yester day, to consider the enquiry committed to tliein, as confined tofuch circumstances, connected with the late unfuccefsful expedition under Major- General St. Clair, as may be requisite for the in formation of the House." The queflion, on this motion, palled in the ne gative. A message from the Senate, was delivered by Mr. Secretary Otis, notifying that they had con curred with the House in palling the bill for fi ni/hing the light-house 011 Bald-Head, at the mouth of Cape-Fear River, in the Hate of North- Carolina. A second mefiage informed the House, that the President of the United States had notified l ' ie Senate of his having this day approved and figneil an A<ft, supplemental to the late Ac r t for the de fence of the Frontiers. Purfuanr ro die order of the day, (lie House re folded itlelf into a committee of the whole— (Mr. Seney in the chair) oil the report of i' ie Secretary of the Treasury on the public debt. T he firft of the resolutions proposed on the 22a inft. by Mr. Fiizfimons, being taken into con!' - deration—the word " September', was Itruckouf, leaving a blank to be afterwards filled up. Mr. Mercer moved further to amend the pro portion, by striking out the words " on the font terms," &c. to the end, and fubfliiuting iliefe " And all persons, so subscribing, fliall receive flock of the United States, for the pnncipaHuni so subscribed, bearing an interest payable q» terly of five per cent, per annum—and (lock of the United States, for ihe inteiell due 011 noes, A Y E S.
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