Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-02

" holds forth the idea that the associate
Sns may be thus formed, for il provides that
"until called into actual service, such COM
l"panies shall be bound to do regular mill
sta duty as is required by law in like
"manner as before the passage ofthis act"
The law of Congress positively declares
that Volunteers of the first description shall
|continue to be commanded by the officers
holding commissions at the time ofmaking
the tender of their services. Should your
company, or any other organized company
IN the militia, tender themselves under this
law, they will come within this description,
and the officers and companies will be ac-
cepted, and 1oiH hold in every reSfaect their
hrssent rank and grade.
But, to associations of the second class,
not being already organized. tits necessary
that officers should be appointed. Bv
whom is that power to be exercised
The act of Congress will decide. Con-
gress might, on this, as on a former occa-
sion, have gwen this power to the President
alone In some cases, and to the President
and Senate in others. But different POI
Icy has been pursued The President does
mot Claim, nor can he claim any agency, in
the appointment of the officers of any grade,
for there is no clause of the law which can
give such agency, even by implication. On
the contrary, Just regard to the sovereign
| ty and Independence of the states, has pro-
vided that this important power should be
confded to the state authorities, by de-.
claring that the commissioned officers,
"shali be appointed in the manner pre-
"scribed by law in the several states and
territories to which such companies sba
"respcctively belong" by this clause we
must clearly understand, not that these
associations shall remain without officers,
until an act Of the state legislature shall
be passed for The express purpose ofappoint-
ing them but that the officers shall be APP
| pointed in the manner prescribed by law
for the appointment of similar officers in
the militia. IN referring to our st,te laws,
it must be evident to the most superficial
observer. that all officers of the militia be-
low the rank of Brigadier General, are ap-
I pointed by the Governor, with the advice
of the council, or on the recommendations
of the respective county Courts; the act of
| Congress, therefore authorizes the same
course to be pursued with regard TO the
officers of these new associations. If how
ever. an association be so extensive as TO
require command as high as that of Bril-
lgadier General, that appointment must be
made by the legislature, to whom only it
ibeiongs. In making the appointments to
Offices in these volunteer associations, it
has been already anpounced that the Ex-
ecutive will regard the wishes Of the per-
sons associated, bv appointing the objects
Of their choice. This is believed to he a
principle that ought to be held sacred in
tthe formation of such associations. 1t is
not departed from by granting commissions
previously to the associations, because all
who ener them with the knowledge that
they will be commanded by the persons
holding such commissions, give them the
Imost unequiyocal evidence of their appro-
ibation. Such commissions have been gran
ted, and will still be granted, as the means
of facilitating and Encouraging volunteer
associations. And it is confidently believ-
ed that there is nothing in this practice,
contrary to law or to justice. Every body
knows that the laws of this state give to the
Executive the power of granting commits
tsions to officers of volunteer companies in
the militia, before the comhanies are acfu-
ally raised; (see acts of 1905 oh. sect
II the act of Congress declares that the
Officers of the volunteer associations ail-
thorised by it, shall be appointed in the
manner prescribed by the state laws and
the President has transferred to the Exec
utive the power OF organizing them into
Battalions, Sguadrons. Regiments, Brigades
sc. Where then is the Illegally of these
lprevious commissions They give no pow =
er except TO raise and exercise the corps !;
they do not at ali interfere with the militia
arrangements of the state they do not
change or affect the situation in the mill
tia, of those who hold them, for the act of
Congress expressly declares that "untl
scaled into actual service, such compa.
"nies" (even after they shall have been
raised and organized) "shall be bound to
do regular militia duty as is required by
(" law in like manner as before the passage
g of this act" Nor is there in this practice
any thing contrary TO justice for the field
originally was, and still is equally open to
all our fellow citizens, and there is ample
room and much necessity for their patriotic
exertions. Ii is not fer me to defend the
policy of the act of Congress in auth6rising
these associations. Its policy is obvious.
1t is not founded en- distrust of the zeal.
.actiyity, and patriotism o. the militia or
their officers for these associations will be
formed ofpersons who now compose part
of the Militia. 1t is founded on wish 10
relieve the militia from the incOnveniences
that would necessarily arise from an indis-
criminate draft; to have in public service
only such Of our citizens, to whom the pub
: lie service would not be announcement and
above all, to have at the commencement oil
hostilites,a body of men, whose period
; of service will give time for the formation
, OF a regular army, should such an army be
: deemed Necessary. Ii will be rccoliected