Portland gazette and Maine advertiser., 1809-03-06


tern parts of Pennsylvania, in the
year 1894, and the iniurgents finally
perpetra,ed acts which amounted to
treafon, being overt acts of levying
war againit the United States, Prefi-
dent Warrington then proceeded
mott fcrupulou1y, in conformity to
the Act of Congrefs then in force,
"to provide for calling forth the
militia, to execute the laws of the
Union, fupprefs inf-rrections, and
rcpcl invafons J" and troops were
called forth from feveral States at the
reqrelt of the Prciident, by the Gov
ernors OF the fame, in the ulual man.
ner, according to law and cuitom.
The Committee prcfume, however,
that it will be readily perceived that
nothing in the Contribution or Laws
of the United States authorizes the
Prelident, under exiting cireumitan-
ccs, to call forth the militia Of this
State, or any part thereof
BY the 10th fiction of an Act Of
Congrefs paiied January 9th, 1909.
it is provided, /" That it fhall be law
full for the PRECEDENT of tl,e United
States, or fnch other perfon as he
ihall have empowered for that pur-
pofe, to employ fuch part Of the land
or naval forces, or militia Of the Uni
ted States or the territories thereof,
as may be judged necefary, in con-
formity with tie provilions of this
and other Acts respecting the En-
barge, for the Purpoie of preventing
the illegal departure of any ihip or
vencl, OF of OBTAINING, taking pohef.
iion of and keeping in cuitody and
guarding any fpecie or articles of do
melic growth, produce, or manufsc-
ture and alto for the purpoie Of
preventing and fupprefing any arm
ed or riotous aiIcmblage of perfons,
reGfting the Cultom .Houfe Officers
in the execution of the Laws laying
an Embargo I; or otherwife violating,
or alilting and abetting violations Of
the fame"
The present Legislature of this Common.
wealth, have " Reiolyed, THAT the faid acf of
Congreis. pafed on the OH day of Jan in the
prefer, year, for enforcing he act laying an
embargo, add the fsvsrAl acts supplementary
thereto, is, in the opinion Of the Legilaiure,
in many refpetts unjuit, oppreilive and uncon-
fiitu,ionaI. and +" legally binding on the eiti-
xens of this State
But even il this aei were admitted to be
conftitutional, your committee do not End that
by the iaid act, Congrefs have provided any
new mode for calling forth the militia aud
they conceive that the militia canno, legally be
"employed" BY The Preiideat of the U States,
or by any perfon empowered by him, until
they have been called forth in The mode which
Conrrels had previouily preftribed
Your committee tind that ry the Conflitu-
ton of thi. Commonwealth, chap. II, lee. T.,
art 7, the Governor is cniruAed' with all the
powers incident to the offices Of Captain
General and Commander in Chief and Admi-
raj, 20 be exerc,fed agreeably to the rules aud
regulations of the Contribution and TIE Lazss
of fbs Land, and net o,bs, svisr"
The fame Contribution, Bill OF Rights, art.
n. declares that :" the military power n,ali
ALWAYS be held in exaa differentiation TO the
civil authority, and be governed by II !" This
great principle is repeatedly recognized by
our laws, aud was respected even am dit the
horrors of rebellion. BY law patled Feb.
Goth, 1897, the preamble to which aates, that
An unnatural and dangerous rebellion Actual
=. al. .l.L
4, is declared that :" In free government.
where the people have Alright to be al arms
for the co.hmcn defence, the military power
is held in fubo-dina,on to the civil authority
In the sd lection of the militia law of this
Commonwealth, paded June Cad, 1893, which
provides for calling ont the militia :" in cafe of
threatened or actual invaIiou, infurreclion, or
other public danger or emergency" Il is en-
acted, that whenever detachment is made in
any fuch cafe, the officers non commiilion-
ed officers and privates, beng able Of body,
GaH Be- detailed f,am 6s rs9srs Q, .0ih zDbi,b ei1
te kspt 70, TIA, Pa,pOfs. Aud your comm'.'ee do
not find that the Commander in Chief II this
Commonwealth is authorized in calling our
the militia, to fele1 and dehgnare particular
officers, and particular corps Of men, without
regard to the roaiters or rolls which lhali be
kept for that purpoie'
Wherefore, Rs'siVsf--
Thu, in the opinion of this Houfe, the fad
military orders OF the IN Of Feb. inn. iaucd
by his Horor Law Lincoln, Lieut., Governor
and Commander in Chief of this Conmon-
wealth, are irregular, illegal, and inccniilient
with the principle. of the Contribution tend
ing to the deitruetion Of military diiciplina,
an infringement OF the rights and derogAiory
TO the honor of both officers and folders, iub-
verfive of the militia fyiten, and highly dan.
gsrous to the liberties OF the people.
All which is respectfully futmitted.
ISAAC MALrBY, Per Order.