The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-12-05


a new mode OF raising an army !; were gen
tiemen prepared IL adop. this new princi-
pie! Although. by the resolves of the
Congress OF l776, minors could be enlisted,
yet apprentices were exempted-and if any
were enlisted, YET on proper application
they were discharged; unless i. could be
shown that the enlistment was with the
consent of ther masters or guardians: By
the law of '9S, the President certainly could
direct relative to the size and age of re-
cruit--yet to whom did he apply, Not to
to wards--and then if an
ofticer enlisted an apprentice without the
consent OF his master, he could be taken
away from him by the wrif Of habeas corpus
and the officer held liable for damages
The 18th section of the law for raising an
additional military force, contained. SINH
lar provislof--and it was also necessary,
the Consent Of the master or guardian should
be in writing. ., "a. =.
Mr.. p. did not intend 20 NEEDLE at all
with the policy VI the war-he should con-
fine himself to the consideration of the most
important principle contained in the third
section OF the&<bill. The effect of this bill
goes 20 infringe all the state laws. They
all provide Tor the relations which exist be-
tween master and his apprentices guar
dian and his ward; if the apprentice runs
back, and some of the states. provide, that
when the apprentice comes again into the
possession of his master, that he shall serve
not only the time lost, but an extra time, %
remunerate his master by these services; for
the losses he has sustained. If you take "a
way his apprentice, you deprive him of his
property-this is loss to the master, or ne
must recover where the services are due !:
that is. OF the parent or guardian, who are
one OF the contracting parties to the linden.
tures--and where is the remedy. Will not
che officer be also liable to the state lawss-
Docs not the constitution say, no laws shall
be passed abrogating contracts 7 This bill
VIII IN Its operation sanction the violation of
contracts, or It means nothing-it sanctions
the right to take away the property of guar
dams, parents or masters; without providing
any compensation for the same.
repeat, you are introducing new prac-
tice in the mode of administering govern
ment... The pressure is also beyond COM
.parlson unequal on the northern states.
DO gentlemen plead the necessity of the
Case? Does necessity exist superior to
the law! Are we to understand that the
satnS hohuH shall rule without control9 If
not, then what is, meant by this grant to
take the property of your constituents, and
leave them no remedy for the injury? The
honorable gentleman from South Carolina
has referred to the practice of other ma
IONS; Great Britain herself never inccEpo
rated apprentices into her armies.
Mr.. WILLIAMS admitted that appren-
tees were eXempt-but minors were not.
MAR. PITKIN agreed, but even when mi
nors are enlisted without the consent of
tneir guardians or masters, they can be re.
leased by the writ of habeas corpus Ibe-
lieve that in 1885, G.. Britain passed an act
which was designed to extend to on
ly the colonies, it allowed indeDted SER
wants to be, enlisted into the, army-but this
act made: provision for the master, if the
compensation was claimed within so many
msnths after enlistment, and the necessary
facts were proved before any two justices OF
the peace. Whether this act was ever car.
ried into etfectI do not know-but do know
that compensation was provided for the
property taken from the master in the per-
son of hi2 servant.
admit the word apprentice is not direct.
ly mentioned in the bill--and cannot say
positively that it is designed to extend to
that class OF our youtl,--perhaps not--but
as ITS phraseology is unqualified, and doubts
exist, and incalculable trouble may be the
result-why not make the law clear and ex-
P!cit! Is IL possible that Congress can, or
would seriously contemplate An injury to
private property To remove all doubts
OH this subject and future trouble TO the
states and to this House, the bill should be
expressed with all possible clearness and
precision. / shall vote for amending the
bill by striking out the third section, and on
the final question, shall vote against it alto
gether.
MIR. TRoUP--If stranger in the gale
Try had listened to the member from Massa-
chusetts, he would have supposed that the
provision of the bill against which the gen
tleman's aDathemas were most vchemenlly
levelied, authorised the recruiting serleant
to enter the house of the citizen--drag from
1t the young man, and transport him loaded
with chains Gas Is said to be the practice OF
one nation of Europe) to the armies. Who
would have supposed that the provision
merely authorised the recruiting serjeant
to accept the voluntary service of the young
man between Is and 81 ? The service due
to the country, prior i'll point of time, para
mount in obligation, must yield, says the
gentleman, to the service due to the master,
the parent, or the guardian. If, sir, in the
days OF Rome's greatneSs-i( IN the proud
days OF Grecian glory, the man could have
hold the young men from the public service.
to turn them from the path of honor or res
train them from the field of fame, he would
have been hurled from the Tarpeiah Rock
or consigned to the Cave OF Trophonius.
l he young man is preferred here not be-
cause he is preferred in France, but because
his physical constitution and his moral tenn
permanent peculiarly qualify him for the
srduous duties of the field and camp--bo-
Oily vigor and activity, ardor, enterprise,
s1thont family and th.refpres ,gifhOrf a.,