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MM * 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