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TOlt THE CPLCMBIAN CEKTINEL.
NO. VII.
To the Editor of the Columbian
Ccntmcl.
SIR,
Till', advice to the executive to
call Congress together, and that the
state legislatures be convened, lias, I
supposs, been considered both rash and
unnecessary. Let a view be had of
the measures of defence fallen on by
Congress as the most effectual, and the
necessity of it to every candid mind
/must appear. That is the act of 18th
/ April, authorising the President at such
/ time as he shall deem necessary, to re
quire of the executives of the several
states to take effectual measures to or
ganize, arm and equip according to la tv,
and hold in readiness to march at a mo- j
ments warning 100,000 militia, officers j
included. He may also, if lie shall j
judge it expedient, authorize the state j
Executives to accept any corps of vol
unteers who shall engage to continue
six months after they arrive at the place
< f rendezvous. It next provides that
these detachments of militia and volun
teers shall be officered out of the pre
sent militia officers or others at the op- !
tion and direction of the constitutional I
authority in each state respectively.— |
That they shall not be compelled to ■
serve a longer term than six months '
after they arrive at the place of rendez
vous, and that during the time of their
service, they are to he paid fed and
clothed as the regular troops of the
Union. Then the president is author
ized to call into actual service any part
or the whole of the detachment—and
S 2,000,000 are appropriated for the
pay and subsistence of those called out.
I must here remark that this act pro-'
vidts alone for a detachment of militia.
Militia they now are, and militia they
will remain under this law and the con
stitutional power of the Federal Execu
tive ; n j matter whether they remain
within the Union, or marched to the
frozen clime of Canada, or the hot re
gions of Mexico. They will bear about
them the good and bad qualities of that
description of troops, altho’ they will
when called out be subject to the same
rules of discipline and articles of war
as the regular forces.
Officers and men will have constitu
tional rights clashing titles to rank, and
privileges that may be peculiar to the
ct-0.. fmni which they
They will be a subordinate species of
forces to the continental army. The
last will be soldiers—Citizens, they citi
zen solders-
It is not the time now to pursue this
part of the subject.— I will just glance
at the constitutional powers of Congress
and the President, relative to the mili
tia. By the Bth section of the Ist arti
cle of the constitution, Congress are to
provide for calling out the militia, to
execute the laws of the Union, suppress
insurrections and repel invasions; to
provide for organizing, arming and dis
ciplining the militia, and for governing
such parts of them as may be employ
ed in the service of the United States,
reserving to the states respectively the
appointment of the officers and the au
thority of training the militia according
to the discipline prescribed by Congress.
By the 2d section of the 3d article, the
president shall be commander in chief
of the army and navy of the United
States, and of the militia of the several
states, when, called into the actual ser
vice of the United States. By the 12th
article of the amendments of the 4th
March, 1789, it is provided that the
powers not delegated to the United
States by the constitution,nor prohibited
by it to the states, are reserved to the
states respectively or to the people.
The only measure congress has taken
for organizing and disciplining the mi
litia, is the act for establising a uniform
militia throughout the Union; but
which does not contravene the princi
ples and powers before quoted. I will
now leave it to the good sense of every
reasoning man, whether there is not an
absolute necessity that not only the
General Assemblies of each state, but
Congress itself must meet and combine
to render this draft of militia effective,
and give that tone to it the exigencies of
the times demand—otherwise this high
sounding step resorted to, will be vox it
Jiroeterea nihil. —Congress can provide
for calling out the militia, to do what
now ? to repel invasions.
No laws are in the aggregate diso
beyed, nor are there any insurrections
dreaded. They are to provide for or
ganizing and disciplining the militia :
when called out. Grant that the uni
form militia law has organized and that
the several states have disciplined them i
f ach in virtue ol its constitutional pow. j i
1
cr, Ifns'lhe set of the 18th Aprijlast,
provided for arming them. C ni one
dollar of the two millions be appfi-d to
wards arms,ammunitionand othe mili
tary requisites? It cannot. The appopri
ation is for pay and subsistence. But
they arc not organized as the returns
laid before Congress shew. Tley are
neither armed nor disciplined in (lie way
and to tiie extent troops ready to take
the field at a moments warning oiight to
be. As to Congress providing for gov
erning the militia, they cannot do so,
until they are employed in the service
ol the Lnited States. Are they yet
employed ? The states have the ap
pointment of the officers and the author
ity of training them. How lame the
appointment of officers is at present,
appears by the same returns. How
they are trained at least in those parts
of the southern states, where the great
| body of citizens is who will form nine
; tenths of the l ank and file of their de
j tachments. let our parades tell. As to
; arms, if men are to fight with sticks
and shot guns, they are well armed.
Numbers of them, to be sure, carry and
can use the formidable rifle to admira
tion. lint where is to be found,except in
the uniform companies, of which they
are hut few in the country, the no less
; formidable nnisket 8c bayonet on which
I the late ot armies and of nations, in mo
denn times in a great measure depend.
Except in the towns, where is the artil
lery ready to take the field ? Light cav
alrycouldnot speedily be equiped. Let
it be recollected they are the most
expensive troops and the fewest number
ol them wanted. Ihe president is de
clared commander in chief of tlfc mili
tia of the several states, when Jh their
actual service. Till that takes place,
who is ? The governor of each state
Can he provide for the detachment be
fore it gets to the place of rendezvous,
ot of its several divisions marching to
it ? The governor of South Carolinas
contingent fund of $ 6000, barely pays
what, with the best ceconomy it is ne
cessary should be done, during the re
cess of the legislature. What effectual
measures can the governor take to or
ganize, clothe, arm, equip and train our
quota, in i eadiness to march at the short
notice required, when he has no money
in Lis hands, nor dare not draw on the
treasury. He will remember what was
done when a former governor did soon
the St. Domindo alarm. Should he ap
plj to tiie president, the only answer
he couid send would be, “ I can send you
money enough to and pay them,
hut not one cent to clothe, organize,
aim, equip and train them to comply
with myj’equisition.” We should have
some jolly camps I fancy. Congress,
the act, authorizing the detachment,
evidently have made several mistakes.
\\ ithout congress and the state legisla
tures meeting to concur in measures
for mutual cooperation in means of de
fence, t.iat act is to all intents and pur
poses a dead letter. Don’t let it be
thought 1 am a foe to the militia estab
lishment. I prefer it: but to obtain
the consent of my judgment to that
preference, it must be effective; it must
have a large portion of the military mer
it of regulars, with as few of their dan
gerous and vicious tendencies as the
nature of military service will admit of.
Again, these detachments cannot be of
ficered but by the state legislatures
They have the only constitutional pow
er so to do. Corps ot volunteers may
be not liable to all the objections of a
mere draft. Still they would be militia.
Not a man ot these troops when raised,
can be compelled to march out of the
Union, nor even out of the state where
in he is drafted or volunteers. When
they meet ready for active operations,
then would arise questions about rank,
which is as dear as life to officers. I will
say but little of the want of cordiality
between the regulars and this militia
draft that may exist when in service to
gether ; but ask a few questions how is
rank to be settled between their officers ?
-Is an ensign of the regulars to command
a colonel of militia ? or are they to be
equally entitled to command according
to highest grade and seniority of com
missions ? or are the militia officers to
command according to the same rule
the regulars ? Will this draft of six
months men be entitled on any princi
ple, to be put on equal footing with the
regulars now in service ? How would a
colonel of the regulars like to be com
manded by a militia general ? How ma
ny of the last are qualified and have the
experience to do it ? All the matters
here suggested must receive a legisla
tive ground work on which the super
structure of their arrangement may be
made and prove the solidity of the ad
vice given by me.
It any other proof were necessary to
support it, let the Southern Citizen at
tend to one other remark I have to
make rn this law. His style and learn- :
ing superior to mine, r-'.ake him an ad- i
vetsary worth contending with in argu- }
ment; and if he will, as a politician, |
and not as metaphysician, meet me fair
ly on any point we may differ about,
I will continue to notice him. Let him
only look at the Ist section of it, which
apportions the draft at the will of the
president, by the miiltia returns of last
year, in cases where such have been
made, and in cases such returns were
not made the last year by such other
data as he shall judge equitable. In
some states returns have been made for
the last year ; in other they have been
made at different antecedent years, and
in others no returns at all have been
made. What data are to regulate this
equitable power of the president in these
three cases ? The term equitable is trie
most indefinable in law language. It may
operate on something, but certainly not
on nothing. The data must he then left
to the president in virtue of his execu
tive power, as his rule of conduct. He
has none hut by the constitution ex
pressly so given over the militia, and
that only in the case when they are in
actual service. Till then they are un
der the command of the governor of
each state. Nothing short of an assump
tion of power by the president, can
make the law of any effect as to organiz
ation, saying nothing about actual ope
rations. Ido not believe he has the in
clination to make the attempt of break
ing down the harriers of state defence—
State Executives against Congressional
executive power. It has been rumour
ed there was such an attempt made dur
ing Mr. Adams’s administration, on the
executive of this state, but whose firm
ness tffi dually resisted it.
This fully confirms what I have said,
that this law is a mere nonentity : it is
void ol substance : it is a loose body of
straw, that will be scattered by British
or French blasts of wind, or even be
puffed away by Spanish zephyrs unless
it is new modelled,amended and render
ed efficacious by the co-operation of the
states collectively and individually.
A Southern PI niter.
South-Cat olina, July 7th, 1805.
SHERIFF’S SALE.
On the first Tuesday in September next,
at Lincoln Court House , between the
usual hours
Will be Sold,
ONE dark bay horse, and one
roan filley, and saddle and bridle, ta
ken as the property of Samuel Jeter,
to satisfy an execution in favor of Hen
ry Jinnings, vs. Samuel Thomas and
Garland Jeter.
ALSO,
182 1-2 Acres of Land on Sa
vannah river, joining Henry Ware and
Robert Leverett, taken as the property
of William Fuqua, to satisfy two exe
cutions in favor of Robert and James
Ware, vs. William Fuqua, and Ed
mond Samuel. Also, two other exe
cutions in favor of Robert and James
Ware, against William Fuqua. Re
turned to me by the constable.
Conditions, Cash.
John Stovall , d. s. l. c.
July 26. i
SHERIFF’S SALE.
On the first Tuesday in September next ,
at the Court House in i IVaynesborough ,
Burke county , at the usual hours ,
Will be Sold,
ONE Hundred acres of land,
in Burke county, on Boggy Gut, with
one good Saw mill on it, formerly
known by the name of Fenn’s mills,
adjoining lands of Walton and the wi
dow Matthews, and sold as the proper
ty of Henry Hughes, at the instance of
Isaiah Carter.
—ALSO—
Two negroes, a Negro man
by the name of Peter, and a boy by the
name ol Dave, and sixty acres of land,
more or less, whereon Peter Wynn
now resides, in Burke county, lying on
the road leading from Waynesborough
to Wrightsborough—taken as the pro
perty of Peter Wynn, at the instance
of Isaiah Carter.
Gross Scruo-gs S. 11. C.
July 26. i_
NOTICE.
ALL persons having any demands
against the estate of Thomas
Chadwick, late of this county deceased,
are requested to render them in within
the time allowed by law, and all per
sons indebted to the same to make im
mediate payment otherwise suits will
be immediately commenced.
Elizabeth Chadwick.
July 26. (3t.) 1—
| DOCT. BURKE,
HAVING at length resolved, t®
make Augusta his future resi
j dt-nce, informs the community, that he
will resume the Practice. He lives in
the large brick house, at the upper end
of Broad-Street, belonging to the estate
of Col. Watkins.
July 26. (ts.) 1—
Book Binding.
I HE Subscriber informs his
friends and the pubiic, that he has re
moved from the herald Printing-Of
fice to the Office of the Columbian
centinel, where orders in the line of
his business will be thankfully received
and duly attended to.
William Butler .
July 19. . 56
Administrator'’s sale. -
A VALUABLE TRACT OF LAND,
Will be Sold,
On the Jirst Tuesday in October next , at
the Court-house in Columbia county,
to the highest bidder :
TWO hundred and ninety Acres of
Land, be the same more or less,
which said tract of land being a part of
the real estate of David Perryman, dec.
lying on the Great Kiokee creek, near '
the Court-house, adjoining Col. John
Appling, and others—one hundred
acres of said land is now in cultiva- 4
tion, with a good mill thereon, and a
good spring, with a thriving Apple Or
chard—The terms will be made known
on the day of Sale.
Elisha Perryman , Adm’r.
July 26. 1
Executor’s Sales.
On Saturday the 1 2th of September next ,
at the [cite residence of Dixon Perry
man, dec, part of the personal estate
of said deceased.
Hj ''WO negroes, Sam and Mourning,
A two guns, a Watch, a set of Sur
veyor’s Instruments, and other articles
too tedious to mention, will be sold to
the highest bidder—Terms of "sale,
made known on the day of sale.
David Stanford, 7 T ,
Elisha Perryman, x rs '
Columbia County, ?
July 26, 1806. 3 l ~
Administrator"*s sale.
On Saturday the 13 th op' September next,
at the lute residence of Dixon Perry
man, dec.
Will be Sold,
TIIE whole of the personal estate
of Jeremiah Perryman,deceased:
To wit, one negro man, two horses,
one set Black Smiths tools, two guns,
and one hand saw—Terms of sale,
made known on the day of sale.
Elisha Perryman , Adm’r.
July 26. 1
NOTICE. •
ALL persons indebted to the estate
ol the late Dixon Perryman, of
the county of Columbia, are desired to
come forward and make payment—
those who have claims against said es
tate, will forward them within the time
prescribed by law for payment.
David Stanford , 7 T , .
Elisha Perryman, \ " xrs *
July 26. 1
~ NOTICE.
THF Co-partnership of Geo: Smith
Houston and Jacques Cortelyou,
trading under the firm ©f George S.
Houston, ist Co. expired on thT 13th
inst. All persons having any demands
against said firm, are desired to pre
sent them for settlement, and those in
debted said firm, are desired to make
immediate payment to Geo: Smith
Houston, who has taken Frederick Stoy,
from Philadelphia, in Co-partnership
witn him, and will continue to carry
on the Clock and VV atch making busi
ness, in all its various branches, at the
usual place, under the firm of
GEO: S. HOUSTON, E Co.
From Mr. F. Stoy’s talents as an arti
zan, having been accustomed to man
ufacture and repair, repeating, hori
zontal, patent and plain Watches and
Clocks, the subscriber hopes to merit
continuance of past favors, which it
will he the ambition of their united at
tention to merit. Those Time Keep--
ers which have been rectified,
ed or repaired, at said shop, and which
have not performed satisfactorily, shall
be amended to the best of our skill.
Geo: S. Houston.
May 21, 1806. Jg
