CONGRESS. PHILADE L P H I A. HOUSE OF REPRESENTATIVES, TUESDAY, February 21, 1792 IN COMMITTEE OF THE WHOII. On the Militia Bill. [concluded] A MOTION by Mr. Fitzfimons, to exempt per sons who are not able to arm and equip themselves, from any penalty on that account, while that disability continues, occalioned loine debate. Mr. Sumpter entered into a general considera tion of the fubjeiS—He denied thatCongrefs had any right to interfere vviih tlie regulations of the several dates in respect to the militia—their ■whole power refpecfts only the calling the mili tia into adhial service, in cases of invalion, infur redlion or rebellion—and when thus called into service, they may provide for the organizing and arranging them in companies, corps and battali ons—and it is the duty of the general govern ment then to provide them with the means of defence—but they have no right to fay that the militia previous to beingthus called out, (hall be at the expence of arming themselves. He hoped the bill would take a different direction,-and that Congress would not so far interfere in this bufi. ne(s as to defignat-e the persons who (hall bear arms, and tt> fay how they lhall be armed.—lt seems to be the opinion of foine gentlemen, ac cording to the observations which have fallen from them, that the militia service (hall be im posed on" a comparatively fin all part of the citi zens ; and this inequality is to be encreafed by obliging those persons to be at the expence of arming themselves.—He hoped that such injus tice would not take place. Mr. Niles adverting to the constitution, ob served that it appeared to him, that a provision for arming the militia was reserved to the ltates, io far as it refperfis the common defence—He considered the requisition in the bill as operating like a capitation tax ; and this species of tax he observed, was to be afleiled only in a certain way, agreeable to a particular clause in the -constitu tion He concluded by moving that the clause in the bill which contained this provilion for arming, should be struck our. This motion was negatived Mr. Fitzfimons withdrew his motion, which provided for a certificate from two jultices of the peace—to admit a fubltitute, which provides that they shall be excused if in the judgment of the comminioned officers to whose company they be long, theyare not able to furnHli thenifclves. This substitute was adopted. Mr. Kitchell moved that the clause should be struck out, which provides that the calibers of the guns should be of one bore. He observed that this provifioii was unneceilary, and in faifl impossible to be complied with. Mr. Sumpter alked what was to be done with the arms which the militia now have in their Jiands, are they to be thrown away r—-Befides, he thought the provision inconsistent with the actual state of the military force of the country, the laws for the regulation of which, contem plates the enrolment of rifle-men among the re gular forces of the country —Adverting to the expence which would attend this provision, he observed it was almott totally impracticable to .carry it into execution.—He hoped it would not be agreed to, as it would involve an enormous and unnecefl'ary expense. Mr. Murray offered Come similar remarks—he did not conceive that the excellency of the mi litia of the United States confuted in their being armed all with mulkets of the fame bore. He did not consider the bill in the light that some gen tlemen appeared to—it was in his opinion meer ly a provision to keep alive a military germ, that stall when occasion calls spring up and difFufe its influence among the people in such manner as to furnifhthe nioft competent means of defence. Mr. Wadfworth objected to the motion—he said this was one of the very few good refula tions left in the bill, and to strike oiu this w7>uld render the militia a fallacious reiource of defence and effectually destroy every idea of uniformity! Mr. Kitchell's motion was negatived. The motion to expunge the exemptions was seconded by Mr. Dayton. Mr. Boudinot opposed it—he urged in brief the several reasons which were offered on a for mer occasion in support of the exemptions. Mr. Dayton said it appeared to him unreason able to exempt persons from militia duty, and from paying an equivalent too who from their ilation in life are belt qualified to pay tliofe equi valents ; it appeared to him to be unjust and im politic. Mr. J. Smith opposed the motion—he observed that the experience of the eastern States where the militia is on at leaf* as resectable a footing a<s in nny part of the union, was againlt the fpi nt of the motion—there various exemptions aie made—and the prejudices of the pepple were in favor of the pra<ftice--many exemptions are neeef fary and many characters in society cannot and ought not to be compelled to bear ters of the gospel, &c. To combat thele preju dices, he said, would belittle better than attack ing a windmill. .several other gentlemen-spoke on the fiibjecft, The motion was finally negatived. The third fedlion being read, Mr. J. Smith moved that'thefe words, after the word " companies—ln fitch manner as the Prep dent of the United Slates Jha// fee proper to direct," (hould be (truck out. He observed, that as the President of the United States has (by the Con rtitution) no command over the militia till they are called into adtual service, he cannot with any propriety be inverted with this power—it lays with the legislatures of thefevera! states, said he, to make the provision requisite in this cafe—The executives of the several (lares mud be more competent to determine the number of regiments, &c. into which-their refpedtive militia's should be divided. Mr. Lawrance said the conrtitution, by invert ing Congress with the power of organizing the militia, appears neceflarily to have included the power in question. Mr. Livermore said he was in favor of linking out the words, on iwo accounts—He did not know how the power could b& exercised—and he was opposed to retaining phrases which, how ever founding and pompous they may be, con tained no meaning—this he conceived to be the cafe in refpecfi 10 the words in question—For they propose to invest a powei in the President, which, said he, I do not fee how he can exercise ; or if he can, certainly not with so much propriety as the legislatures of the several states. Mr. Hillhoufe was opposed to striking oat the words—He said he could conceive of no disad vantage which would result from giving the Pre sident the power of making a uniform arrange ment of the militia—lt appeared to be neceflary, in order to his being able to determine how to call them into service, Ihould public exigencies require it, in such proportions and draughts as {hall be most equal to the people, and molt con ducive to the public service. Mr. Page observed, that it appeared neceflary to retain the clause, in order to effecting the ob jetsfc of uniformity—for if the power is inverted in fifteen different bodies, or individuals, it can not be expeifted that they will ever agree in one uniform plan.—Nor did he conceive that this re "illation would in the least interfere with the es sential powers of the several states—He was as much averse as any man from abridging any of the powers of the several states, but this regula tion would not interfere with those powers, in any manner whatever. Mr. Seney was in favor of striking out He thought it was a fufficient reason to rejedl the clause, that the President could not be supposed so competent to the business, as the authority of the federal llates. 1 Mr. Snmpter was in favor of striking out—The scope of his observations was, that the United States have power only to fay how the iniliiia shall be organized, but it must be left to the se veral states to carry the plan into execution. Mr. Lawrance stated the difficulties which would result from want of uniformity, in cafe of the militia's being called into actual fei vice. Mr. Niles, observed that the relative bounda ries of towns, Hates and districts, rendered the uniformity contended for, impracticable ; and therefore the clavife is nugatory—a great varie ty as to numbers, in the companies and regimen:s of the continental army, atftialTy exiftedduring the late war, and yet no difficulty occis>r«d from that circnmftance. The motion for striking out was carried. It was then moved to insert in (uch manner as the legislatures of the refpe&ive states fliall direct"—this was agreed to. Mr. Gilman moved, that the clause in the 4th fe<9ion, which provides that the Aids Ihall be tak en from the line, and the words " with the rank, of major," should be struck out He observed, that in the regular service, on the principles of economy this arrangement takes place but he conceived this would be unneceflary in the mili tia, if not injurious to the service. " This amendment was agreed to. The 6th fedion, which fpecifies the times of muttering and training the mi'itia, fovs that the artillery, light infantry, troops of horse, See. (hall rendezvous four times a year, and the reft of the militia twice a year. Mr. J. Smith rose to enquire the reason of the diftintftion between the coriDanies. Mr. Barnwell moved to add a proviso, author izing the (tates to pass laws enjoining musters as oiten as they may fee proper. Mr. Boudinot answered Mr. [.Smith's enquiry —He (aid the obje<ft was to form a nursery of oincers for the militia, whenever detachments (nail be suddenly called into atftual service. 390 Mr. J. Smith objected to Mr. BarnWil's p. so—He conceived that the dates already j poflsffed this po»er. . The proviso, after farther debate, was nerj. tived. Saturday, March 31. A bill, in,addition to the art providing f ttrr rle| le government of the territory North-Well 0 f the river Ohio, was twice read, and made the order of the day for Wednesday nexr. A resolution for indemnifying the ftaceof Ma ryland for a certain funi of money advanced to discharge a contracft made by N. 11. Moore,' for the purchase of a number »f horses for the ser vice of the Ut.ved States duringtlielatewar was referred to a felecft committee. ' A bill was reported by the committee to whom the petitions from the tmftees of fiindry acade mies had keen referred, and read the fn ft time. A memorial and initrudlions from the legifla! ture of the cdmmon wealth of Massachusetts, re fpecfting the afiurrvprion ofthe residue oftheftate debts,were read, ->nd laki 011 the table. Mr. \V. Smith laid on the table a rel'olutionef the two houses of the legiihture of the state of Sonth-Carolina, on the fame fubjecl. The amendments of the Senate to the militi* bil'. were read—and on motion, ordered, that one hundred copies of the bill and the amend, ments, be printed for the use of the House. In committee of the whole, on the report of the Secretary of the T reafuary on the publicdebt. The fifth refolntior., in the following words, leaving out September, was agreed to, after con fide' able debate—33 to 2j—viz. That a subscription for a further loan in the debts of the individual states, be opened and con tinued to the firft day of September next, not t« exceed in the whole millions of dollars, in the proportions following, chat is to fay : In the debt of New-Hampfbire, Maflachufetts,Rhode* Island, Connecticut, New York, New-Jerfey,Ma ryland, Virginia, North-Carolina, South-Caroli na, Georgia. < Provided, That the interest on such loan shall not be payable before the day of : And provided, that when the sum to be afTjtned by any state, (hall not be fubferib ed by the holders of any of the evidences in which the fame is made receivable, the state shall not be entitled to receive interest on thereGtiue. The sixth and seventh resolutions were agreed to without a division. The eigh'h resolution is in the following words That the interest on so much of the doniefiic debt as has been or may be purcbafed for the United States, or as {hall be paid inu> the Trea« fury, and so much of the fuin appropriated for the payment of the interest on the foreign and domestic debt as (hall be over and above what may be fufßcient for the payment of such inter est, {hall be appropriated in the fi r ft place, to the purchase of that part of the public debc, which bears an interest of three per cent, per annum. And the part of the said debt, the interest where of is deferred, until the said fund, with such ad ditions as may be madeto it, {hall ainounttorwo per centum of the public debt, bearing a prefait interest of fix per cent, per ann. until the whole shall be redeemed. And thenceforth to be ap plied to the purchase or redemption part of the public debt may remain undercharg ed, until the whole (hall be extinguifted. The said funds to be applied to the purpufcs alorf faid, bv the comnnlfioners hereafter mentione > under the approbation of the Present ot t e United Stares. , , Thi* resolution being read, ecca.Wied a ueoare till after 3 o'clock, when the con>niniee ro without taking the final queftiou, ai.U me »ou adjourned. MONDAY, April 2 The report of the committee 011 ("■- Treasury's report, containing n 1 a ~, c ° of of the duties on impotts . nage, also amount of die <expm' s '. Unireti Stares, wIU«^ propofcV thar f.l a e „ of the amounts of the duties, and o 1 c. rre >arf should be pobli/hed— t ie should be directed to report to the :', u '.- )ec . quantities and value of the exports f ' |' u; j ()|) (1) tive (hues, any thing in a former u- o_ • ' the contrary, notwithftandmg, wa confiderption, and agreed to. United A meflage from the President 0 t )e States, by Mr. Serret»ry Leai. mOl House that the President has approved • An atffc for finiihiug the lig 1 " ' oJ ' e Head, at the motith of Cape teai ' C . ecre , ar jr A raefTage from the Senate, by ' p. c fident of Otis, informed the Howfe that the the United States has approved anfl 11, d,O bill, entitled, an a(ft to eftabln.ia i- » regulate the coins of the United .•! ?• - ecre[3 rf in committee of the whole, on t■ • j e bt.— of the Treasury's report on the T P'' j nC ocoi- The Bth refoJution. was read, andtak fideration. ■ ,j,;c res* Mr. Madison moved an alteration 1 >f ; lution, by ftrikingout the words which . »
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