The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-01

Scr ~ ocfore the paiiage OF this aft.>--ireH
law of Corgrefs po6tyely declares that vdluu-;
tsefs ct the frif description sha' continue 81 be
commanded by the officers holding committees
at the time Of making the tender of their FER 4
sices. Should your company or any other or
gar'zedscnmPauy the militia, tender them
felves opder this law, they will come within
this Descriptions. and the officers and compa-'
Mes will be accepted. and sv;H bold in tvery re-
llaesF fbrir pysjent rank and grade. 81 81
Rut TO adociations of the fecond clafs. not
being already organized, it is ceflary that Of
heers fculd be appointed. BY whom is that I
power to be exercited? Thesaet of Congrefs
viii decide. Congress might, on this, as on 4 4
former occafion, have given this power TO the
President alone in fome cafes, and 10 the Pref
dent and Senate in others. But different 90. q
icy has been purified. The PreIident doe NOT
Claim, nor Can he claim any agency ia the 40. 4
pointnent of the officers OF any grade, for there
Is no ciauic OF the law which can give finch aeon
cY, even by impfca,ion-- On the contrary. ;uR
regard 20 the fover-igr,y aud indie nrndence, Of
theitates, has provided that this iu,portan, pow
er fhonld be confdsd to tie mar auf5ar;t;.,.
by dec laring that the g Csmssir s;.s syeer mi
Be APPOINTED in tie ma,sne, prxfSyiLed b, lao II
TIRE /rreral TaseJ and fer,ifoyisy 10 ayJicb lab
6 eo,apasies 5ail ri ptt7i4,eJy 6eioag'' Nv this
claute Use rnnlt CLEARLY dndsrfard, not that these
a1ocia:ions fbail remain without officers mill
an ad of the fate egiilsfute .thall be pafIed fo,
the exprsfs purpoie Of appointing them !; but
that, The CHI srs ibs be appointed in the man-
ner preieNbed by law fer the appointment OF
ttmilsr officers in the militia. In referring 10
orr hate laws, It Sut be eytent TO the MOT ti,-
psrScial obferscr, that all oio ess of the militia
below the rank of Brigadisr General, are an.
po'nted By the Governor with the advice of tie
Conrct,or Oh TIE Recommendations OF the re.
ipecfiye county cousts<-The act of Concrefs
therefore. anthorifcs the fame courfe 10 be pur-
iued with regard to ths officers of thefe new az.
lioc'ations. however an affociaton be 70 *.
teas1ve as &c require command as high as that
Eof Brigadist General, that appointment NUT
he made by the Legislature, to whom only It
belongs. y. making the appointments To Oil
ces N theic volunteer ALLEGATIONS it has been all
ready announced, tbstthe Executive will regard
the wiihes ,cf the perfons affocated by appoint
ing the oejeds OF their choice.
Y liHs is heiiSved 10 bea principle that casht
to bs held tacred in .he formation of fuch sso-
ciations. X is not departed Fio,, by granting
cosnmitions previoully 70 the. afI6ciations, Be.
canie all who enter them with the knowledge
that they will he commanded BY the ptrfons
holding iuch eomnffons, give them the moR
Innfquivoi al evidence of sheir approximation
Such conmitiicns have been granted, and will
hiH &c eranted. as the means Of facilitating and
encouraging volunteer aiiocia,ions. And il il
lconhdeni!y believed that there Is nothing in
this prat fice contrary 10 law or ia iuaice. Eve-
Try body knows that the laws Of this Ra,e give
to the Executive; the power Of granting com.
millions TO officers of volunteer companies in
ne mlhtia. 1stoye tie esmpaiis5 are a51aily raiE
I'd; (fce acts of 1909 cb / sec. II \ the aSt =
ct Concrefs DECLARES that the officers Of the yo
nsteer fluctuations Authorized byit, ihslI be ap.
poiAted IN the, manner preicribed by tae Gate
aws; and the Prtfdent has tranafeued to the
Executiye,the power Of organizing them into
Iba,talops, fquadrons, regiments, brigadss, &c:
Where then is the illesality of theft previous
commihlons. They give no power except to
tsiie. and exercfie the corps; they do not al all
interfere with the militia arrangements of the
aa's they 90 not change OF affect the fituatis
en-, ~ the railitia,o thofe who hold them, for
the ACT OF Congress exPrefsIy dsc,aresthat " nn-4
Hcaiied into actual fervjcc, ia h companies"--
teyen after they ibaN Be RATED and organzetl)
shall be hound 20 do regular militia duty, as
isTeqnired by law ic'like manner ~ before the &
Pattase ofthis aety Nor is there in this prac-
ice any thing contrary 10 jnitice; for the field
orgioally was, and Hil;s equally open TO all
our f.ilcw.c i zeus. and ere isan,ple room and
much necedity for their patriotic exrrtons. Ii
not form TO defend the policy of the a6f of
Conereis m authorizing thcfe afociations. Its
|pGiicyis ohyioEs. II is not founded upon
dittruit of the zeal, activity OF patriotifm Of tie
m'irtis or trelr rtficers; for thete aHociations
VIII DC formed @! portions Who now cornpofe
part OF the militia II is fonnde1 on a W IN to
relieve the fnili,iaffem the Inconvenience thst
son'd DscefaFily arile from an inditcriminat-
draft; rs have in the pubic fsryice only fuch
OF our fellow citz ne, to whom the public fer.
vice would not be ingonyenenf and above all
70 bave, at the commencement Of holtiIities a
body OF mrn whole period of fervice will eiv.
tmetor the formation ola regular army, fioGld
iuch an army be deemed neceaary. 1t will be
rrcoileced that urder the general law of the
Upited state for calling out the militia, they
cannot be compelled to ferve more than three
months after their arrival at the place of render.
vons, IN any one year." Zee 8. vol Of the law,
OF the u States, page 1907 and by the atf of
Congrefs of the 18th Of April, j sos, they csp-
not be competed to ferve longer than fix months
aftsr arriving at the place Of rendezyons ST.
though this term of fervice might be amply fuf-
hcient for ordinary cafes, YET is it difficult to
Imagine an occasion in which il would be total
ly ncon petcnt for any effeaua exertioH Sup-
poie a formidable attlck lhalI be made on We
~ remote part Of the Union, To the defence az
which, the militia Of the GATE, or Territory A.
tackled, ihculd be Inefficient; or fuppofe tht<l
Engaged 10 war with an European natidu
hayipg poGydions bordering upon cure, il
ihould be deemed adyifible IN us to carry the
war into tbofs poGefiions, isit not obvious that
body of men RATED only for three or sTen for
tx months, howeser wei Differed, however
vel difciplined and patrioiic, would ne moons