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438
Militia Bill.Rutherford.
[1796.

tion, or manufactures, and this for an indefinite length of time? No. By one of the guards of that Constitution, relative to appropriations of money, this treaty hath, in the last stage of its progress, come before us.

"We have resolved," according to our best judgment of the Constitution, and, as we have seen above, according to the meaning of it, that we have a right to judge of the expediency or inexpediency of carrying it into effect. This will depend on its merits; and this is the discussion that is now before us.

Our duty requires of us, before we vote 90,000 dollars of the people's money,—the sum required to carry this treaty into effect,—to pause, and inquire as to the why and wherefore. But is it merely the sum of 90,000 dollars that is in question? If it was, we ought to proceed slowly and cautiously to vote away the money of our constituents. But it is in truth a sum indefinite, for British debts, the amount of which we know not; and we are to grant this in the moment our treasury is empty; when we are called upon to pay five millions to the bank, and when no gentleman hath resources to suggest, but those of borrowing, at a time when borrowing is unusually difficult and expensive. But is it merely a question of money? No. It is the regulation of our commerce; the adjustment of our limits; the restraint, in many respects, of our own faculties of obtaining good or avoiding bad terms with other nations. In short, it is all our greatest and most interesting concerns that are more or less involved in this question.

I must confess, Mr. Chairman, that the first point of view in which this treaty struck me with surprise, was the attitude Great Britain assumes in it of dictating laws and usages of reception and conduct different towards us, in every different part of her empire, while the surface of our country is entirely laid open to her in one general and advantageous point of admission. In Europe, we are told, we may freely enter her ports. In the West Indies we were to sail in canoes of seventy tons burden. In the East Indies we are not to settle or reside without leave of the local government. In the seaports of Canada and Nova Scotia we are not to be admitted at all:—while all our rivers and countries are opened without the least reserve; yet surely our all was as dear to us as the all of any other nation, and ought not to have been parted with but on equivalent terms.

On the Bill for organizing, arming, and disciplining, the Militia of the United States.

House of Representatives, December, 1796.

Mr. RUTHERFORD said, he believed the government of the United States had nothing to do with the militia of the several sovereign states. This was his opinion, and it was the opinion of the people at large—however, of nine tenths of them. The Constitution is express upon this subject. It says, when the militia is called into actual service, it shall be under the direction of the general government, but not until that takes place; the several states shall have command over their own children—their own families. If the United States take it up, they will defeat the end in view—they grasp too much.

With respect to the unconstitutionality, Mr. R. joined in opinion with the gentleman from New Jersey, (Mr. Henderson.) This law would tend to alienate the minds of the people of the Eastern States, whose militia were already well disciplined.

He hoped nothing more would be done, in that house, than to advise