The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-25

7 The sih fetlion OF tie law OF 1895, only al.
tiers the former law 10 far as to empower the
Executive to appoint, without a recommenda.
ton from the courts, where z,ala1eie5 ihail oc.
/ cur.
! 1t there be any law to authorize the iGning OF
commii'ons to the officers ofthe legion, it mutt
| he the 18th fiction of the act of 1895 That
fiction empowers the Governor and Council to
,due co'nmfiions for at iraR one captain, one
lieutenant, and one en!ign to each battalion,
who fhali proceed by voluntary enliR men. with
IN their battalion, to enroll fuaicent number
of men to complete their company or compa.
MES, ana to be called grenadiers, light nian-
try, or riiemen, at the dncretion OF the COM
| nanding officer OF the regiment. 1t NAV be
commended, that as the Executive can commit.
hon any number of companies i'm a regiment un-
der thsie appellations, they can commii,ion the
| captains OF the legion and other company off.
GERS, who may tender their fervces to the Pre-
ident and enter into fervice in cafe of actual
war. This argument would only be an ovation
OF the law. The object contemplated was, to
raiie fufiicient number of light companies, to
be attached to the exiting regiments. 1t would
therefore, he an abufe of the law, to iliue more
than the number of commiffions -ueceiIary for
TINS purpote, IN order to raife indirectly, a new
| military body. But the law directs that the
light companies fhaI be raif,d avitkiu their ref
pe7i1e OatfG!ions. No fuch limitation, howe
yer, sPreicribed to the captains in the legion
They may enlit their companies out of many
hattal'ons, or perhaps out of the whole fate
But what ihews concIuGveiy, that the new com
panles cannot be protected under this law, is
the fact, that thote who were before in commit.
non, do not ioie the prior Office, by accepting
a commiition in the legion. This is Gated in
| the clay which is Introductory to the CIRCULAR
letter, and which wears iomething like an Off
| cia' itamp. Let US iuppo!e then. that mau
who rs already captain of infantry receives A.
mother commiflion as captain in the legion. Ii
could hardly be pretended that his fscond ap-
| pontment was made under the law iutt refer
! red to, becaule he already had an appointment
under that law. 1t mutt therefore be new
and dtinct Office, and not an appendare TO
| the militia.
| Theie are the only laws which have any reIa
ton to this fuhjee, and it mutt be nanfet to
every candid mind, that they give the Exscu-
tive no power to i.iue commiifions to the Off
GERS OF the legion, who are to he placed on
| ditinct eftabliihment from the militia
The idea of giving commifIion which is to
| be 10 tar active, AS TO authorize the holder to
recruit company, and 70 far dormant as not
to Interfere with any prior commiflion, is a
| new and ingenious fiction, worthy of the mott
ditute of the Weltmntcr tribe. IF A CAPTAIN
OF the legion were to be aGeed by what autbo-
rity he was rafting a company, he would pro-
duce his commifiion if he mould be aiked
what right he had to muftsr his company in the
militia, he would fay, that hs commfiion in
the militia was not affected by his commit! on
IN the legion. His legionary honors are, what
the lawyers, ! think, term, in aLeyauee. They
| tade IN the autumn, only to bloom with new
beauty in the fprlng.
! Ii Is laid, however, that this mcafure is au-
thoried by the ACT of CongrefS, which empow.
ers the Prchdent to accept the fervices of 80 900
volunteers. Not having an opportunity to ex-
anime that law, cannot fpeak with certainty
as TO IT'S provliions. But this may he affirmed
! with confidence that unlefs the contribution or
laws of Virginia give to the Executive the pow
er OF ihuing Commfiions 10 the officers of the
/, legion, they cannot derive that power from A.
ny law of Congrefs. The Executive of the fate
are created by the fate contribution and derive
| all their powers from that initrument and the
I laws of Virginia. The federal government can
give them no authority which is moi fanttioned
by one or other of thofe fources of power.
| The oppofite doctrine would annihilate at once
the independence OF the feveral tates. Our le
g'fiature have been tudious to clofe every ave-
nue. to federal influence in the tate government.
But thouid this doctrine be received, the whole
j Hood would hurt upon us, and fweep before
vt every intitution which belongs cxclutiyeIy
to the tates. The federal government, it IS
true, have control over the militia. But they
can never give to the Gate Executive, any pow
er winch did not prevou1y belong to them.
| Upon full view of the contribution and laws
or Virginia, l am convinced that the Executive
had no power to iffue commihions to the Off
GERS OF the legion, and that they have adopted
a me"iure which was more property iubic0
| for legislative interference On fome fu;nre
occahon may, perhaps, make a few remarks
| upon ITS policy and the manner in which il has
been executed.
VIRGINiENSI9.
---=S1ccng s7~.,c
FOR THE ENQUIRER.