Georgia Argus. (Milledgeville, Ga.) 1808-1816, February 27, 1810, Image 4

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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,