The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-02-20

nj tho Country 10 which he belonged, the
Tab'iity to be called into actual service was
not te!t as n privilege. Fac right To have
a well reg mated militia. aud Co bear arms,
was right WHICH thev claimed as secure
~ aglinsc domestic nsurpation, or foreign
invasion. BIT it was fe'e to be a tax on
the individual to be o5lige u be equipt for
regular militia duty, and in consequence Of
this, exemptions were in some cases granted
from other taxes. The principle of the a
mendment was, that it the states attended
20 their duty in making proper returns of
militia, no burden would be laid on them
which was not in the same manner laid on
other states; if not. that they should con-
tribute to this direct tax ia proportion to
their Representatives..
Mr.. Iroup said that the operation of the
amendment was one thing. and its principle
another. and wholly different thing. The
operation Of it would be such as the gentle
man, he was convinced, did not design but
he could not at the sa,ne time help condemn
ing the principle on which the amendment
was founded He said he had always under
stood that the constitution was tue result of
mutual compromise ard concession of priv-
leges and rights on the one hand, for rights
and privileges on the other. We (said Mr..
7. abiding to the southern states) paid for
oar privileges, and the price of them is as
distinctly marked in the constitution as the
privileges themselves. And does the gen.
tleman call upon us in addition 10 this price,
to pay the discriminating tax, proposed
bv this amendment to be levied upon us 3
The gentleman from Connecticut cannot
be serious. He understands too well the
constitution Of his country and the principles
on which it is founded. The operation of
the amendment, vii! unqucstionably be un-
equal. Connecticut is one of the Northern
hives. and sends out annually a greater pro-
portion, make no doubt, than the natural
increase o. her population. And certainly,
if the population of Connecticut has been
stationary for the last ten years, whilst O.
thcr states have increased and doubled their
numbers, Connecticut will be called upon
for her full quota, whist other states wilino
he called upon for one half of their proper
proportion.
Mr.. 2aiimadgc said, he much doubted
whether the amendment which his col
league had proposed, would be a correct
remedy for the evil said to eXist---It GER
,anly, however. could not apply, if there
were returns from all the states on which an
superintendent could be made. A law had
some years ago been passed in which the
Executives of the several states were called
upon to make annual returns of their militia
TO the general government. MIR. L. said
he could hardly believe, that there was a
ny state in the Union which had not made
these returns. II there was such state
he said he would accord in any amendment
which should give a more perfect clue by
which the apportionmene could be made.
But he could not consent to mulct any one of
the states, for the neglect Gifts officers. in any
mode which would operate as uneoual!y as
that proposed in the amendment. He was
therefore opposed to the motion.
Mr. Southland concurred in the idea, that
militia service was capitation tax; and
conceived that it would be desirable that
the tax should be apportioned according to
the real numbers of the militia in eacn state
AT present, the tax operated severely on
those who were most faithful in making their
returns. Returns had been made from some
states annually, andby others not for two or
three years. There were states containing
10000 souls which returned but %, 900 mi
litia. Other states returned a greater pro-
portion. New Jersey, for instance, return
ed $4,000. He found by the returns, that
the number Of militia accumulated every
year; and Of Course, if the apportionment
were to be made according to the returns
actually received. those states which were
punctual in making returns, would have to
pay much more than their proportion of this
tax. The bill under consideration he there
fore thought unequal in its operation, and
was unwilling to take it in its present
form. With respect to the amendment,
however, he agreed that II was not proper,
because of the proportion of blacks repre-
serted in some of the states. Wishing time
10 consider Of the best mode Of amending
the bill, he moved to postpone the further
consideration of the subject till to- NOR.
row.
MIR. Key said, shat although The argu
mcnt CT the gentleman from Connecticut
(Mr. Dana,) was very ingenious one. it
vas not correct. The ingenuity (said Mr..
key,) is in this: He contends that militia
duty is personal service, and as such that
it is a captation tax, and assuming as cor.
rect the principle that it is a capitation
tax, that it should be apPortloned ac-
cordiDg to represcntation.---in the quo
II OF taxes, sir. we pay for our blacks
we pay proportional tax according TO the
ratio OF representation, as the Constitution
directs. But the argument is incorrect in
ihis.-Our laws provide, that free white
males alone shall! perform militia dnty !; and
the states respectively pay their full proper
ton of that duty, when they bring f~ward
their proportion Of White population -
lhe gentleman wishes us to perform this
duty not according 20 our own white popn.
jatioD, but according 20 our representation.
But every thing is retained to the states re :
spectively, or to the people, wbich-is not ia
ken from them by the constitution--and
call upon gentlemen to shew what part of the
constitution SAYS that the Southern states
shall bring forward for militia duty more
than their proportion of white population