The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-02-20
HOUSE OF REPRESENTATIVES,
WEDNESDAY,, Feb. -,
DETACHMENT OF MILITIA.

HOUSE OF REPRESENTATIVE
WEDNESDAY, Feb. .. ,
DETACHMENT OF MILITIA.
The house resumed the considerable, Of
the report of the committee of the whole on
Che bill authorising a detachment of the mi
lit;a of the u. S
Mr. Lana observed that the bill provided
thar the quota to I've drafted from the states
respectively shonid be arportioned, accor-
ding to the returns ut militia received at rb..
office of the Department e.: war from each
safe lie wished 10 Offer an amendment to tins
part ofthc oii because from some OF the state,
returns hight have been regularly received,
whilst from others returns might not have,
been received for six or seven years. The
i;Ahii;y TO be called into service to perform
inillia duty, MIR. Dana remarked was sDe-
c'es OF captaton tax, paid not in money but
III service; and being direct tax, shou!
De, as the constitution provides, apnortion-
ed among the several states according to
their respective numbers. IF the states were.
liable to militia duty only according to their
returns. the more OF their citizens they ex-
empted from military duty, the smaller wouId
be their proportion OF the public burthen
which n requisition of militia service imno.-
sed. he numbers of militia Increased with
the ratio OF population /; and of course those.
states whose returns for several wears Dasc
were defective, would not bear their due
proportion of the capitation tax Where
returns We're thus wanting. he presumed the
most equitable mode would be 20 apportien
the militia according to their representation
IN Congress. With this view he moved 10
amend the bill by adding after the clause of
the bill which prescribes the mode of appor-
tioning the detachment where returns are
detective, The words according TO the ratio
ut representation for the states respectively
ana by such other data as me Shall Judge e.
quitabie for the respective territories
Mr.. Key doubted whether he correctly
understood the object of the amendment. ii
ne did, its operation would be extremely un-
Just on the southern states, whose reoresen-
tat'on was partially founded on their blace1
as well as white population, and, who wer:
therefore unfortunately weaker than tn.
states differently situated. if they were Oh
that account 10 furnish more than their pro-
portion IN detachments of militia
MIR Dana said the gentleman had under
stood his object correctly. lie certainly
meant, where the proper officers in state
had neglected their duty in making returns.
that the quota OF that state should be ap-
portoned according to its ratio of represen
tation.
Mr.. Key said he had no idea of ina;ctin,
on states punishment OF this kind because
their officers had not made the proper re-
turns. The principle would operate more
injuriously than was necessary TO enforce
the laws, and he did not think a principle
so unjust ought to be adopted TO enforce the
laws OF the union, when other means of do,
ing it were within the power of congress.
NV OeShd observed that, i'm addition TO
oher onJecuons, such provision would o.
perate irI"rinnSlv in another respect. Since
the pre- sent representation had been amor.
TONED haI
population, and they wouid not, where re-
tnrns were detective, according to this a.
mendmcnt, be called upon for their proper
proportion. lie presumed no gentleman
could wish to prevent the western people
from furnishing their full quota of men for.
the public service. Such a provision as,this
would deprive his constituents of the priyi-
lege' of turning ont their proportion, if their
country should require their assistance.
Mr.. Dana said he did not know how being
drafted III the quotas of militia would be
deemed great privilege in the western
ccrntry-but. however great it was, the
deprivation OF it would not be very injurious
III those states, which had not for some years
sent an inspectors return of militia, nor e.
ven written letter to the Secretary of SVar..
AS respected certain parts of the union.
where the Executives of the states were ma.
bituated TO issue orders to the proper Off
GERS, to inform them that the quotas should
be detached aud equipped---and where, on
failure OF attending promptly to their dug,
the officers were liable to be tried and pn-
nished, and where the execution of the law
was considerable tax on the citizens con
cerned, both as to time and property, ne
had some doubt whether it was esteemed a
very great privilege to be drafted from the.
militia. 1t night'be so where sufficient
number turned out and equipped themselve.
as volunteers, 50 as 20 render a draft unne-
cessary. Ibe contribution OK either proper
y or service 10 the Country, Mr.. Dana said
@as in the nature Of direct tax. in,
compliance WITS the requis,lion Of p qao