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 . »