Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1809-05-29

committee should report in favor of remu-
neration, that the constitution did not sane.
ton the repayment of any monies forfeited
In Ter a judicial act of the legislature.
On the other hand, no opinion as to re-
enumeration was intended to be drawn from
the vote but as the constitutionality OF the
law has been questioned under which penal
ties has occurred, it would be submitting 1t
to a committee to investigate, coolly and
quietly, and if their report went to allow
compensation, it would be a negative to the
principle, it would awe ever after leglsla-
lures from passing similar laws, so that 1t
was not offering a premium for breaking
the law, but an opportunity afforded to en-
ouire, in the calm moments OF rejection,
after eight years of absence, whether the
law was constitutional. On the constitute
onality the case Of Captain Murray and O.
ther officers was cited to shew q precedent
where Congress had RENTED certain mo-
nies, which it was conceived uni ust to hold,
that there was no direct provision in the
constitution on the case, the constitution
then thought it did authorize the reception
of monies illegally, did not exercise the
power of holding them illegally. -,
Mr.. Phea moved that the resolution with
the amendment, be postponed indefinitely,
and the question was taken by yeas & nays
and passed in the affirmative. Yeas 3d.
NAYS SO.
M. RandoJh. As so much of the time
of this house has been occupied to-day by
others, | will add my mite. rise for the
purpose of calling the attention OF the house
to one of the most important subjects we
can bring under our attention. Whether
we are to take up but a few special measures
before we go into winter quarters, will not
depend upon my vote, but | will have dis
charged my duty in directing the house to
the subject ofthe motion which | am about
to make. | on a former occasion expressed
an opinion that the existing rules and arti-
cles of war were materially defective, and
this opinion has been strengthened by men
of the greatest military talents in this coun-
try. By these rules the knout, the halbert
and the bastinado, are made legal agents of
correction. The constitution has pointed at
the militia as the legitimate body which re-
sort is to be had to for protection in cases
of instruction or sudden lnvasions.----
Are these articles and punishrnents to
operate only on the creature who has
sod his God, the creature who has sold
himself to be kicked, and cphed and
shot at for Cd a day? No, sir, bat on
the yeomanry, the sons Of planters and men,
the natural inheritors Of the soil, who, tho
they would risk every thing for their coun-
try's liberty, would never stand to be fo9-
ged by the rattan Of petty tyrant, the worst
of all tyrants no sir, and / speak Of Virgi-
MIA, for were a citizen to be brought up to
the halbtrts, the eff ers, having the t%en1eri-
ty to order it wlull be s,criiced to the
lust resentment Of their soldiers. | do
not stand here to advocate the cause of
those who sell themselves for a time or
for life, who agree to wear livery and stri-
ped backs, although their cases would mo-
dify and revise, Tor if military armies in
Europe can be brought to such perfection
without these cruel punishments, and | IN
derstand they are totally forbid in the ar
mics Of Franco can they not be equally per-
tected in this country among freemen. And
masmuch as the militia are governedby the
same rules as the army, | will make my
motion so broad as to include both.
Resolved, That a committee be appointed
to take into consideration the act entitled
an act establishing rules and articles for
the government of the army of the y. 81
and report whether any and what alterations
1t is e~xpedient to make, and that they re-
port by bill or otherwise.
Resolution carried and a committee OF
appointed.