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

In the prefent pofture of our affairs the fubjeGt
| of national defence becomes interefting to every
American. The indignation excited by Britifh
| INCIDENCE has atoliihed all party ditinctons,
and united the people of America into one fra
ternal band. 1t is highly important therefore,
that all the meafures which have for their OBJ
jeet the efahii'hment of an effective military
| force, ihou'd take their complexion from the
| tunes, and be formed on an enarg ed, jult and
| liberal fcale. They thould contain nothing To-
cal, nothing partial, nothing Eeret. They
thonld be publiihed to the world, canvaiied
with freedom, and calculated to cali forth the
collective taleEts and experience of our country.
Should different policy be purified, will not
! lay that 1t Will damp the ardor of the American
people, but it will plant the feeds OF hatred and
diiunion, which may hereafter grow to an a.
| ,armirg magnitude.
| Ii Is iuhject of deep regret, that at the very
threfhoid of war, meafIre .hould have been
| adopted by our fate Executive, which has eX-
cited feelings in the community, very unfriend-
| yto that unanimty which is TO effental at the
prefent crfs. This evil would perhaps have
been avoided, If the plan had been announced
to the public, before it was fully matured. 1t
could then have been afcertained, whether il
was adapted to the genius of the people, whe-
Their 1t could itand the telt of public enquiry,
| or whether 1t would CounteraGt the very Objects
which 1t had IN view. Since however, the exc
cutive have thought proper to purfue different
| couric, there is no alternative left, but to ac-
| quietce IN Hence, queiton of national i'm
Portnnce, or to exercfe the unpleafant right
of arraignng the legality, the policy and the
svfdom of the meaiure.
1t nun be eaiiIy perceived, that al'ude to
the creation of a new brigade or legion, which
| is TO conttt of four regiments, to be command
ed by the tirtt colonel, who is to be appointed
| brigadier-genera'. This corps is to be difinf
from fba 6oay Of the militia. In the cafe of war;
they are to ierve curing its continuance, on the
footing OF regular folders. Commifiions have
already ihued to the captains, who are 10 fill
up their companies with volunteers. The field
officers, if not already ccmmiiiioued, are GER
tainly deignated This is general outline of
the plan, and as do not Intend to enter much
into its details, this Fetch will be Efficient for
! the preient purpoir.
From what iource do the executive derive
the power to create a new military corps, en-
tirely dRinct from the militia etabihed by
law! The power of the executive muit be de-
rived either from the contribution, or the laws,
of the fate. Do either of the(e faneion the
meafure under confederation? This is iurey a
queltion OF no trRng importance.
I The only article of the contribution which has
any relation to this fnbjett is the 18TH That
artile provides only, that the m!iiia officers
then in commifii0n fhall be continued: that
yaesnrie5 iha! be fupplied by appointment
! OF the Governor, with the advice of the Prvy
| Council, or recommendations from the re{pe6t-
i've county courts; that the Governor and coun-
Gil ihall have power to fuipend officer and
order court martial: that they may fuppIy
vacancies happening when in aet Ha iervIcc and
that they may embody the militia, giving the
command to the Governor.
! 1t wcnid be waite OF time TO prove, that
the railing of new brigade independent of the
ctaoliined militia, cannot fall under the defini-
ton OF continuing officers actually in commiii.
| on; OF Implying aacancieJ which may happen
either IN actual fervice or not, or of enGsayinq
tbe militia. Theie claufes manifeRly relate to
the militia actually in exifence, and not to any
| new corps, which is not placed on the footing
of the militia of the fate.
lay new corpsnotontbefootingo ffbe miHti-
a. They do net belong TO any particular divi-
hon OF the fate; they do not form any one of
thoie brigades which alone are marked out bv
| law nay, 1t is even flid, that the officers Of
tthe legion may fill hold cornmiflions under the
militia law. Il is evident therefore, that the
legion does not form any part of the militia fvC.
TEN, bur is, in every part of its ftructure, n
new military ctablin,mcnt.
| IL thed We can find nothing in the contribution,
WINCH VIII embrace the prefent meaflIre, let US
earch Tor the power in the various laws which
have been enacted, at different times, to repn-
rate the militia. | will not wander over that
vide eXpanfe of defu'tory 6, iDconfihent proyi.
hons' commonly called the mitia-iaw. IL will
/ Dc iuiI aent briefly to notice thofe parts of IL
winch have any affinity to the preient queftion.
! The 9th fiction OF the act of 1872, and the
| 3ft' OF The year 1895, merely give 10 the TX.
tcutiVe tie power of calling forth the militia in
Gale OF actual invaion or of probable carfr
| thereof.
| The 29tt fiction Of the Law Of 1902. gives
| to the Executive the power, in cafe it appears.
/ upon calling forth the militia, that the ncceGa
| ry numbers and ranks of officers will not attend
| The attachments, for differing them At the
places OF rendezvous, to appoint fuch officers
as may DC nsceilary from the counties called
upon as they may think proper, to join the de-
| taclment 70 RATED.
Theft clanles cannot be tortured into apv
meaning, which would authorize the neafpre
| under confederation.
The 81 and 81 claufes in the act of 1903.
point out the mode by which alone appoint.
ments are TO he made by the Executive. The
uitt OF iheir Tedious requires the county and
corporation courts, on or before the Mavtern,
eoiu'ng tie paiIage Of the law, to recommen1
tothe Governor and Council, the ofic neceC
hry 20 complete the regiments, battalions and
companies within their reflective iurlfd;9ions.
according to their grades aud feaiority within
their reipecive compares. The fecond Cet1i
| on declares, TINT all future VACANCIES fhali be-
lupPhed IN the fame manner.