The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-03-10

,nander IN chief Of de Militia ofth:s State,
would appoint a select numbcrof officers
OF our Militia, TO whom the collectors Of the
customs may apply for military aid in certain
cases. which may BY them, be thought ne
cessary for compelling obedience to the laws
ot Congress enforcing the embargo.
lave had tue subject Of this request un-
der my most serious and mature cansidera-
ton ; the final result Of which l now have
the honor t-ocommueicate To YOU.
j have reflected that nei,he- the cons,itn-
lion. nor statutes of this ota.e. have give, to
The commander in chief o. its Militia any
authority to make such a. puin,g,ent of aiii-
Gers rs has been requested 80 does. my
Information suggest tn me. aHy Authority
given tn the Pre.side4t of the United s. ates.
derived either from the con<.itut;ea or laws
OF the United safes, to call upon ti,e exc
cutive of an Individual state to tcke an ~.
gencv in appointments, such as are contem-
plated by the request mentioned
Conceiving also as j do, and believing it to
be the opinion OF the great mass OF the cit,-
|ens OF his state, that the late law of Con
Sress tor the more rigorous enforcement oil
s:le embargo, IS Unconstitutional in MANY of
is provisions, interfering with The state : =
~vercigntics, and subyersivc OF the gua?an-
tced rights, privileges and ilnmunities OF the
citizens of the United States :; | have from
these considerations, deemed itpecuiiarly
anu highly improper for Il state executive
to contribute his voiu7teer aid in support "
laws bearing such an aspect.
And when refecy upon the extent Of mea-
sures which must probably be reSortet 10 for
the enforcement of this law a law which
from the means contemplated for its support
and execution, 1t would seem is to REQUIRE
al the military and naval forces OF the union,
1 cannot Enn.raGS nay Gon, ,,--.ns s.. -
events It may produce.
L might also add, that cannot be induced
20 risk my responsibility to the public by
contributing towards Placing a I" serious
power III he hands. and at the disposal of
men In whom l should not be able, in all
Instances, 10 repose the fullest confidence 1;
more especially, when their indi yidual acts
and measures may not always be under the
regulation ofthe best motives and when their
proceedings in execution of this law, will ma
turally tend to put at extreme hazard the
peace, lives, property, and dearest rights of
our fellow citizens.
Under this view therefore Of the subject
and with these considerations before nae.
my mind has been led to a serious and de.
cIded Dissemination to decline a compliance
with your request, and to have no agency
In the appointments which the President has
been pleascdto refer TO me.
While l cake the liberty of thus declining
this agency, You will be pleased to rccollect.
that on all former occasions, wAen consfi,u-
H2rd! applications have beer made to this
STATE, Tor the execution Of the con 5.itution0L
laws and acquisitions Of the Union, the
p~romptiTude AID readiness of their cump.i-
ance, have merited and received the an
probation, if not the applause, of the general
nnlistration of the United States.
With ali due Consideration,
Ism Sir,