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CONGRESS.
Houfe of Representatives,
Frhn/ury ?.
DETACHMENT OF MILITIA.
'I lie Houle relumed the con
^deration of the report of the
committee of the whole on the
bill authorifing a detachment of
the militia of the U. S.
Mr. Dana obferved that the
bill provided that the quotas to
be dratted from the hates ref
pedively fhould be appointed
according to the returns of mi
litia received at the ohice of the
department of war from each
{fate. He wilhed to offer an a*
mendment to this part of the
bill, becaufe from fome of the
{fates returns migh have been
' regularly received, whiift from
others returns might not have
been received for fix or feven
years. The liability to be called
into fervice to perform militia
duty, Mr. Dana remarked, was
a fpecies of capitation tax, paid
not in money but in fervice;
and, being a direct tax, fhould
be, as the conffitution provides,
apportioned among the feveral
had nearly doubled thoir'pojvj-
. Union, ,and they would not,
’ where returns wer defedive,
i according to this amendment be
called upon for their proper pro
portion. Heprefuined no gen
tleman could wifh to prevent the
weftern people from furnifhing.
their full quota of men for the
public fervice. Such a piovi-
fion as this would deprive his
conllituents of the privilege of
turning out their proportion if
their country fhould require
thair affi ftance.
Mr. Dana faid he did not
know how far being drafted in
the quotas of militia would be
deemed a great privilege in the
weltern country ; but however
great it was, the deprivation of
natingtax propofed by this a-
menutnent to be levied on us ?
pie that' it is a capitation tax, i
that it lliould be apportioned ac-
fhe gentleman from Connedi-■ cording to reprefentation. In
it would not be very injurious
in thofe dates which had not
for fome years fent an infpedor’s
return of militia, nor even writ
ten a letter to the * Secretary of
"War. As refpeded certain
cut cannot be ferious. He un
derflands too well the conffitu
tion of this country 'Si the prin
ciples H>n which it is founded.
The operation of the amend
ment will unqueftionably be
unequal. Connecticut is one
of the nothern hives, and fends
out annually a greater propor
tion, I make no doubt, than the
natural increale of her popula
tion. And certainly, if the po
pulation of Connecticut has been
flationary for the laft ten years,
whiift other Rates have increaf-
ed and doubled their numbers.
Connecticut will be called upon
for her full quota, tf/hillt other
Rates will not be called upon
for one half of their proper pro
portion.
Mr. Tallmadge faid he much
! doubted whether the amend-
I ment which his colleague had
parts of the union, where the ! propofed would be a correCt
Executives of the {fates were
habituated to ifTue orders to the
proper officers, to inform them
that the quotas fhould be detach-
remedy for the evil faid to exift
the quota of taxes, fir, we pay
for our blacks ; we pay a pro
portional tax according to the
ratio of reprefentation, as the
conffitution directs. But the
argument is incorreCt in this. I
Our laws provide that free
white males alone {hall perform
militia duty; and the Rates re
fpedively pay their full propor
tion of that duty when they
bring forward their proportion
of white population. The gen
tle.uan wifhes us to perform this
duty not according to our own
white population, but according
to our reprefentation. Hut
every thing is retained to the
Rates refpeCtively, or to the peo
pie, "which is not taken fiom
them by the conlfitution—and
I call upon gentlemen to {hew
what part of the conffitution
fays that the Southern Rates
(hall bring forward for militia
duty more than their proportion
Rates according to their refpec-1 ed and equipped, and where, on
live numbers. If the Rates; failure of attending promptly to
were liable to militia dufy only j their duty, the officers were lia-
according to their returns, the
more of their citizens they ex
empted from militia duty, the
fmaller would be their propor
tion of the public burthen which
a requifition of militia fervice
smpofed. The numbers of mi
litia increafed with the ratio of
population ; and of courfe thofe
Rates, whofe returns for feveral
vears puff were defective, would
not bear their due proportion of
chi? capitation tax. Where re-
turnes were thus wanting, he
prefumed the moR equitable
mode would be to apportion the
militia according to their repre
fentation in Congrefs. With
this view he move to amend the
bit! - t»y adding after theclaufe of
the bill which pnferibes the
mode of apportioning th .* de
tachment where re'urns are de-
{(dive, the words “ according
to the ratio of reprefentation for
the Rates refpeCtively and by
fuch other data as he {hall judge
equitable for the refpedive ter
ritories.,* 1
Mr. Key doubted whether be
correCtly undeiffood the objeCt
of the amendment. If he did,
its operation would be extreme
ly unjuft on the foulhern Rates
hie to be tried and punifhed, &
where the execution of the law
was a confidcrable tax on the
citizens concerned,' both as to
time and property, he had fome
doubt whether it was eReemed
a very great privilege to be
drafted from the militia. 3t
might be fo where a fufficient
number turned out and equip
ped themfelves as volunteers, fo
as to render a draft unneceffary.
The contribution of either pro
perty or fervice to the country,
Mr. Dana faid,-was in the nature
of a direCf tax. The compliance
with a reduction of a quota of
militia required a portion of the
time and property of the indi
vidual, and operated in the na
ture of a capitation tax. In the
part of the country to which he
belonged the liability to be call
ed into aCtual fervice was not
felt as a privilege. The right
to have a well regulated milhia,
and to bear arms, was a right
which they claimed as a fecurity
againR domellic uferpation or
foreign invafion. But it"was
felt to be ?. tax on the individual
to be obliged to be equipt for
regular militia duty, and in con
i’.
it certainly, however, could not !°f white popu'ation. I he con-
apply, if there were returns from j Rkution being fiient on this
all the Rates on which an ap- I point, the argument cannot be
portionment could be made, j
A law had fome years ago been I
paffed in which the Executives
of the feveral Rates were called |
upon to make annual returns of 1
their militia to the general go
correft. Reprefentation and
direct taxation are precifely fpe-
cified and linked together in
the conffitution ; hut, becaufe
militia duty is faid to be in the
nature of a capitation tax, it
vernment. Mr. T. faid he could dot ?s not follow that it fhould
hardly believe that there was
any Rate in the union which
had not made thefe returns. If
there was fuch a Rate, he faid
he (nould accord in any amend
ment which fhould give 3 more
perfect clue by which the ap
portionment could be made.
But he could net content to
inulCf any one of the (fates for
the negleCt of its officers, in any
mode which would operate as
urn qually as that propofed in
the amendment. He was there
fore oppoled to the motion.
Mr. Southard concurred in the
idea, that militia fervice was a
capitation tax ; and conceived
that it would be defirable that
the tax fhould be apportioned
according to the real numbers
of the militia in each Rate. At
be • apportioned
reprefentation.
aoording to
The conclu-
Fort Jobnfton,
Charlejhn Harbor, Jan. 4•th, 18 iff
One Hundred Dollars
Reward,
For fix Deferters, who de-
| ferted from this poll on the 3c
infl* viz.—John Wynne, anc
Thomas Stewart, of Captait
Armflead’s company of the full
L’ght Artillery. y
Stewart, was born in Ireland
(but came to this country whet
an infant;) he is five feet ele
ven and an half inches high,
twenty-two years of age, ha-
grey eyes, brown hair, geo
complexion, by occupation
laborer; took, with him cittj
zeus clothes, and armed with
rifle and piltols. The pifi.Bls ar:
of uncommon make, the pri
perty of the United States.
John Wynne was born 1
G ?orgia ; he is five feet fix it
ches high, thirty five years c'
age, has grey eyes, light hai
fair complexion, by occupation
a taylor ; went away in citizei
clothes and armed with jiftolj
and probably a rifle, as the p,
ties Itofe two rifles and a nun
ber of piftols previous to th-.
defertion. The rifles are
ordinary in their appearance,
the piltols uncommon, panic
larly with refped to the locks
the fixing of the ram rod
John Hopkins, of captain L
val's Troop, is a native
fion does not flow from the pre- | South-Garolina, is five feet niij
prelent the tax operated fevere'.y
on thofe who were moR faith
ful in making their returns.
; Returns had been made by
I fome Rates annually, and by
I others not for two or three
j years. There were Rates con
taining 1.50 COO fouls which re
sequence of this exemptions
vhofe reprefentation was par- J were in fome cates granted from \ turned but 23,000 militia.
Rally founded on their black as * other taxes. The principle of i Other Rates returned a-oreater
as white population, and, the amendment was, that if the
Rates attended to their duty in
making the proper returns of
militia, no burthen would be
laid on them which was not in
the fame manner impofed on
other Rates; if not, that they
fiionld contribute to this direct
tax in proportion to their repre
fentation.
Mr. Troup faid that the ope
ration of the amendment was
one thing, and its principle a-
nolher, and wholly different
thing. The operation of it
would be luch as the gentle
man, he was convinced, did not
mifea
The 'queftion was taken on
poftponir.g the further confi le- I
ration of the bill till ro morrow
and carried. And the ‘Houle
adjourned.
' February 8.
DEI 1 ACUMEN T OF MltltlA.
The hou'e refueled the con-
fid eratim of the u.ifiitiflied bu-
finefs cf yelterday.
Mr. Dana’s amendment yet
under confideration—
Mr. Troup moved to amend
it by adding the followingwurds,
declaring his object to be mere
ly, by (hewing ho v improper the
one propofition was to difplay
more Rrikingly the deformity
of the other :
“ And that the Rate of Con-
I nedicut, in confideration of her
J aidmiffion into the Senate of the
! U S. on terms of equality with
j the Rates of New-York and
Pennfylvania, without equiva
who were therefore untorfuna-
tely weaker than the Rates dif
ferently fituated, if they were
on thafaccount to furnifh more
than their proportion in detach-
. meets of militia.
Mt. Dana faid the gentleman
had undc rRood his object cor-
red'tly. Ke certainly meant,
■where the proper officers in a
Rate had neglected their duty in
making returns, that the quota
of that Rate fhould be apportion
ed according to its ratio of re-
prefentation.
Mr- Key faid he had no idea
of inflicting on Rates a punifli- i delign ; but he could not at the
ment of this kind becaule their j fame time help condemning the
officers had not made the proper
returns. The principle would
operate more injuvioufly than
was necefiary to enforce the
laws, and he did not think a
principle fo unjuft ought to be
adopted to enforce the laws of
the union, when other means of
doing it were within the power
of Congrefs,
Mr. Desha obfi rved that, In
addition to other objections,
a provifion would operate inju
rioufly in another refped. Since
the prefent reprefentation had
been apportioned, Xome Rates
principle on which the amend
ment was founded. He faid he
had always underRood that the
conftitution of the U. S. was the
refult of mutual compromife &
conceflion of privileges & rights
on the one hand for rights and
privileges on the other. We
(find Mr. T. alluding to the
louthern Rates) paid for our
proportion. New Jcrfev,for in-
ftance, returned 33,000. He
found by the returns that the
number of militia accumulated
every year ; and, of courfe, if the
apportionment were to be made
according to the returns actually
received, thofe Rates which were
pun&ual in making returns
would have to pay much more
than their proportion of this tax.
The bill under confideration he
therefore thought unequal in its
opperation, h was unwilling to
take it in its prefent form. With
refped to the amendment, how
ever, he agreed that it was not
proper, becaufe of the proportion
of black population reprefented
in fome of the Rates. Wifhing
time to -cohfider of the be/t
mode of amending the bill, he
moved to poftpone the further
confideration of the fubjed till
to morrow.
Mr. Key faid that although the
argument of the gentleman
from Connedicut (Mr. Dana)
was a very ingenious one, it was
inches high, has dark compl
ion and hair.
Charles Merul, of faid Trots;
is a native of South Carolin
twemy-three years of age, fi?
-feet ten inches high, has liJ
complexion and dark hah
went off in citizens clothes a
armed with either piftols
ljfl'. . V
Daniel Ilollowav, of G
tain J >ha R. Span’s comps
of Light artillery, is a native i
Virginia, .twenty-three yc arsi
age, five feet nine inches higi
has fair complexion, blue e)l
and dark hair.
1 Wiley Barlow, of fail cor 1
! pany, defer ted at the fame tint
of whom an accurate deferi
1 tion cannot be given. ,
i The above reward, with a
| expenfes,will be paid (or in th]
proportion for either) to a^j
perfon who will deliver the fa 1
deferters to me, at this port, f
lent conceffion, be required to j fecure them in any Jail and gif-
privileges, and the price of them * not ccrred. The ingenuity
is as difhndly marked in the
conffi'ution as the privileges
themfelves. And dors the gen
tleman call upon us. in addition
to this price, to -pay the diferimi-
(laid Mr. Key) is in this: he
contends that militia duty
perfonal fervice, and as fuch
that it is a capitation tax ; and,
furnifh a quota of militia pro
portioned to her reprefentation
in that body.”
MefiYs. Butler, Pickman,
Troup, Tallmadge, Taylor and
Smilie oppofed Mr. Dana s a-
mendment, Mr. Dana and Mr.
Rofs luppcted it.
Mr. Tallmadge read an ex-
lrad of a letter which he had
this day received from the Se
cretary of War containing in- t
formation to this effed : “ There \
is no [late in the Union which has |
not made its returns of militia ac
cording to law. ”
Mr. Onincy made a motion
fuperfeding the motions under
confideration, viz to (h ike out
that part of the bill providing
for cafes of deficient returns.
As there was no fuch cafe, there
was no occafion fo: fuch a pro
vifion.
Mr. Southard moved to re
commit the bill to a feled com
mittee with a view to enquire
into the pradicability of more
equitably apportioning the qou-
tas than has heretofore been
done.
The motion was carried,
| Mcflis Southard,Fifk,Rofs,Tall
is -rnadge and Dana fupporting it,
and the bill referred to a com
mittee of twenty members, and
the neceffary information to nil
or any commanding Officer i:
the Army of the United Statej
4. B ARMSTEAD, Caput
United States 1 st Regiment |Artilltfy
Commanding.
(Tf The different printers
North and South-Carolina & Get
gia, are requefted to infert this >
vertifement fix times in their t
pedive papers, and forward tl:
accounts for payment.
The SubfcribA r w
attend at the Houfe of Mr
Buffington on the 3d Saturd
in February next,
order'
colled the Tax in Captain J'j^
ratt’sDifirid, for the year 1^1
C. Murphey, T. C. B- C-'|
22d January, 1S10. ^ .
N. B. the receiver of tax f\
turns for the prefent year ’
attend on that day alfo.
niluming as correct the princi- the Houfe adjourned
WILL BE SOLD, On the j J
Tuesday in March next, > n
town of Greenejboroug h.
150 acres of LAND !
waters of Shoulderbone, in 1
county of Greene, adjoin’
Mapp and Tally—Sold tor
benefit of the hens and cWj
tors.
James Kinman, \ / !k |
A. Wells, S 1
January 1, 1810,