Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-03-05


| The strlctest analogy can be traced between
our ideas and institutions and those Of the Eng
lsh; aad IN none more than in those relative tC
| military establishments. II is for that reason
that have resorted to these historical facts, to
illustrate my thoughts the subject of the mi
litia and oil regular armies.
| The constitutional designation of the uses to
| which the militia ofthe United States may be
applied, corresponds precisely with the provi-
sons OF the British statutes enacted OH the same
| subject. The order in which the English mi
| litIa now stand, rests chiefly upon three several
statutes passed in the reign OF Charles the Sc
| cond,s W 18th certain subse1uen. notifications
| Under the general scheme OF these laws, the
militia are not compeilable to march out of their
countless unless i'll case of invasion or actual re-
beiiion within the realm, nor in any com
peliabie TO march out OF the kingdom. These
| regulations furnish probable solution OF the
doubt relative to marching the militia out of
the limits OF the United States The federal
constitution declares that Congress shall have
power "to provide for calling forth the militia
to execute the laws OF the Union, suppress IN
surrections, and repcl invasions" All these
objects, to which the militia may be applied,
are obviously within the confines of the United
States \ declaration os war, is, indeed, d kaU
Of he Ohioa but by a fair rule of construction,
which gives to every nember-of n sentence its
appropriate and not an absurd meaning, it can
| not BE- taken in sense that would enable GO
vernmcnt to compel the militia to serve beyond
the territorial lines; for it 10 execute a law of
| the Union they could be SO marched. then it
would be supcrfiuous to add ' suppress nsur-
rections and rcpel invdsions," because the grea-
ter power would embrace the less and the
conclusion of the phrase, in this respect, is pc
culiariy marked the militia may "repei," but
| not punish invasion by retaliation. Besides, the
execution oil law by force, implies resistance to
the law by those who are legally bound to obey
it; and nobody is bound to obey II declaration
| of war but those who are called upon to execute.
it. To say that the militia are compeilabe to
| execute n law to the operation of which there is
no unlawful opposition, is to assert, ut least,
very ridiculous incongruity. The execution of
the laws which the constitution intends, are any
laws, having effect within the Union, which the
citizens refuse to obey; and such are laws OF
| taxation and revenue. The sheriff 0f a county,
or marshal of 4 district, may, for the enforce
mcnt of law, call out the power of the county
but the posse conitatKS cannot be lawfully led
beyond the bounds of the district or the county.
In Great Britain the parliamcn6 circumscribed
the power of the king over the militia, in order
to prevent the subject from being wantonly for
cei from home, at the call of ambition, upon
foreign expeditions. The same regard for the
comfort and convenience OF the citizen no doubt
introduced a similar provision in the American
constitution But it must be confessed that the
case ofthe English than in that of the Americans
The country of the former is an island, the
whole OF which they possess, and the occasi-
| ons are few, if any, on which, what are strictly
called militia, can be of essential service out of
the island The United States are spread over
| part of great continent, and on the whole ex-
/ tent of their interior border, have an Indian an
English, or a Spanish neighbor 4 plausible
argument, therefore, might be framed in favor
of marching the militia beyond the limits of the
| Union but, however plausible, it would GER
taiatg pct he sound ones fes where the OBJ
jccts Of militia duty are SO clearly pointed out,
| where every power that is non granted to the
federal government is retained by the states or
by the people, and where the analogy of the
British statutes so precisely explains the mean
ing of provision which We have unquestiona-
bly, borrowed from our ancestors the efforts of
ingenuity to establish the power Of government
against the right at the citizen, would embar-
rass ADLER men than are to be found in Congress,
although there are some persons Of fine talents
there.
This depression has been imposed upon me in
| treating of the nature of regular troops. In
tracing the true distinction between these and
the militia, it may bring us nearer the truth to
ascertain with precision what we understand by
the word oniLi.ia. 1 do not aliude TO the ETY.
moIogy ofthe term, but to its political and rati-
onal Specification. suppose it TO mean, the
| whole body ofanate citizens capable IF BEARING
arms. These, nor any great portion of them,
it is palpable, cannot b. so frequently nor for
so long q time Withdrawn from civil pursuits,
as to make the use of arms 4 regular profession
| without great IN ury to families and much vio-
| lencc to individual feelings. The feudal inili-
| tia, which were first formed by the tribes of
| Barbarians who overturned the Roman empire
| for selfprotection in the new settlements,
| which they established, became i1conyeDient as
soon as the state of society assumed permanent
| character. The Christian religion forcing its
| way among them, the women rose To the proper
dignity of tlieir nature; and domestic coInecti-
ons began TO spread. These rendered it rk-
| some for the mass of male population to repair
to arms at the voice of their lords, and prepar-
| ed the way for the exchange of military service
for pccuniary' supplies Commerce and the
| progress of civilization have strengthened the
| considerations which produced this change.
| The militia, for the execution of law within
the bosom Of society, the suppression of insur-
| rections and Che repelling of nvasions are
compellable to rally to the standard of govern.
| nent because these occurrences tend to subvert
the order OF soceytself q to disturb those very
| domestic felicities for tie tranquil cnioy-
| mont OF which the people originally freed them
| selves from feudal obligations But to be o.
| bliged to march, at the cOmm9nd OF government,
on a distant enterprise, would interfere with
| the comforts and the happiness OF the citizens,
BY indiscrHninate Acknowledgement of fami-
| lies, almost az much as Invasion inSurFecton
and society agrees to be taxed, either directly
or indirectly, for the maintenance of those in
| dividuals, Wiiom love of glory, love of money,
! love of country or any other motive or passion,
may incline to the military profession. Thus,
! the feudal principle Of c0mpulsion, with regard
| TO external war, has been changed into vOlunta-
rs enlistment, TO which The citizen is invited ty
| honor or sedfced bV a bounty. Here then v,,.