The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-07-14

PIHCiDe.Oi inc )HfHJ PopHI /HpTe'1d TEX, tne pow
err of calling forth the phyiical ftrength of the
community, muf refde in it and that the King
! as the head, reprelents the community, and is
the organ of its will But this fpecies ofreafon-
ing would jufify the mott arbitrary anertions
and all iuch reafonDg the fpirit IF our confeittl-
| tion utterly reprobates--1he rights which our
| fovereign pofefes are defined as well as limited
And this has been mott fenfbly as well as ably
ftated by great judge, who fpeakipg of this
| fort of abfra6t right, made ufe ofthefe words
For freely declare, that ancient precedents,
unlefs fupported by modern uiage, in cafes of
prerogative, have little weight with me-" No
thing can be more true than thefe words of the
learned MIR. Juftice Fofer: and nothing can be
more applicable to this frange abortion in the
preamble of this act. No fiich right can be
Claimed by the King. No fuch right, however
1t may have been part of the underlined preroga-
tive IN ancient times, can be cxercfed after the
words Of the ftatute in the 25th Edward the Sd,
ftatute made in an epoch which l reipect, be-
caufe the ftatutes Of that period were marked by
their wifdom, and by the principles of found
legiflaton. In ftatute of that year it is cx-
pfefsly declared, (" that no perioD ihal be liable
to terve but fuch as are bound by their tenures."
If, indeed, there were fuch prerogative il would
be impracticable. The contribution has wifelv
planted an infeparabe check over the abufe,
and, thank God, not one of the ancient undef-
ned Prerogatives can be exercifed againft the IL
berries of the people. To what an extent, and
to what a complete overthrow of every thing
for which our anceifors have fucceffully con-
tended would this right go ? Money has been,
perhaps by TRAINED metaphor, called the
iinews ofwar. If his maefy had the right of
commanding the military fervice of his fubieds,
lie mutt alto be fuppofed to have the right of
malntr::ng them; and 70 the power of the
purie would be taken out of the hands of the re.
prefentatives of the people. 1 fate this only to
thew how improper and uniuf fable it is to
introduce fnch an exprefon into bill, and
how negligent it is to let it pats. And it is not
IN the preamble of this act only that we fee a
dangerous door opened to abufe. Let ms look,
then, at the enaGtments of the General Defence
act, reipeeting this prerogative which is aferted
to be Inherent in his maefy II ftates that, in the
event OF invafon, or tie appearance of the enemy
In force upon the coat, 1t ihall be lawful for his
naJefty to call out the perfons who are enrolled
under this act in the different counties that it
fha!! be lawful to call them out in fuch proper
ton aS fhall feem meet-to place them in any
regiment OF regulars, militia or fencibles-to put
them under martial law, and march them to any
part OF the coat, &c. This act, therefore. with
out any limit or qualification of rank, age, or fla
ton, empowers the king to compel any indivi-
dual however unfit for military fervice, to ferve
IN the ranks exactly on the footing of entitled fol-
dlers, to be fubjett to all the feverties OF militia
ny duty and of martial law. IF this really be
the prerogative of his maiefty, it is one which
cannot be contemplated without anxiety. Not
TO iupPofe the exiftence of great and violent a.
buie' 1t is fufhcient to know that fiIch power is
iiaoie to abufe and no man with the fentments
OF freedom, and the confidence ofindependence.
can feel perfectly eafy to think, that to law, 70
unmt,gated and 70 unqualified, he NAV be fub
Ject. Is 1t .poihbe to reflect on fuch power
without ieeing how it may be abufed & peryert
ca IL may be an extreme cafe, indeed, to fate
mat Its weeping provhons give authority to the
hlng to take the prince of Wales, place him ,,p-
der the command of his footman, and march
MN III that inferior capacity againf the enemy.
hho" that iuch cafe is impofiible, but it IL
lun[ateS the ooundiefS authority, which the act
confers, and which in MANY inffsnces. il is or;te
eaty to conceive might be exercifed.
Might not tradeiman or a farmer be hurried
away from his family and occupations, and be
Placed under the command of a corporal or
leiJeant, their own fervants? Perfons of every
mutation may be pitched upon by malice or by
revenge, and fent to perform military fervice for
Whch they are unfit. | fee that flch fcheme
Oh Things does lie open to abufe, and the mont
trous abuie, and injuftice with which the ex-
ecution OF 1t would be attended, mutt have
prevented the attempt to carry it into effect at
all. l do not underfand exactly the mode in
which the1e Provifions are to be reduced TO prac-
tee. If the quota ofmen are to be furnifhed
oy parifh, was to be fixed by ballot, the incon-
vcmence might frequently be very great, even
where fenie of abufe did not aegravate the
Gale. The ballot might, without any diRinGtj
on or rank age or circumstances, compel any
man to ferve in peron. In truth principle more
inconiiftent with that found g g rational equality,
which all laws and all human inflitutions ought
10 ann at IN the inpoftion of burdens, never was
deviied. In practice it muR be productive of
extreme inequality, hardfbip, and grievance.
from a true equa lity the principles of ft1bord
nation How, but In the operation of flch mea-
lures as this, ali difinttions are annihlated, and
every thing is levelled under the difcretion of
the crown. Indeed miniRers themfelves on fome
locations have acknowledged enough to thew
that they were themfelyes convinced that
the general defence act could not be carried
into practice. 1t was faid by one ofthern, that
the defence act would shave given way 20 an d
10 it mutt, for fIch extravaganza powers could
not have been exercifed without an abufe that
would have proved fatal to the meafure. But
It'll rnlnilters commended it had been of ufc, as it
backed the volunteer fytem. What was it
then thought necefIary to goad the people ofthis
country forward in the defence of their houfes,
their property, and their liberties, by the terror
or theie fevere proyifionsl I am certain that