Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1812-10-24
harbor.. in the following proportions.

harbors, ia the IOiiO"in6 r.
For Passamaquoddy five companies
forAiachias one company. for Castine
three compasies, for Damar'seotta
ana w;scas.et two companies. for
Eennebunk one company. for Port.
land five companies. for Marblehead
Salem, Cape Ann and Newburyport'
four companies. Ter Boston twelve
companies, and for Rhode-lsland
eight companies. l also received
from Gen. Dearbrrs. two other let
ters ofJane &c aad June 90, on the
same subject.
The constitution Of the U. S. de-
o.arss thai, :. onssress may provide
fer calling forth tae militia to exc
cute the laws Of the Union, suppress
instructions and repel invasions,"
and the set Of congress Of April 10th
authorisins detachment OF 100000
Of the militia. empowers the tfesi-
dent to "ca!t into actual service a.
n. part, or the whole of said detach.
ment in all the csigeacics provided
by the constitution. From these
clauses in the constitution and law OF
April 10th. the President derives his
authority to cell the militia 81 the
states into actual service: and eX-
eept in the eSigenc;es above men
tened he can have 40 authority by
the contribution to DO it. But there
was 20 suggestion either in the let
ter from, the war department, above
referred to-, or in those from Gen.
Dearborn, that thi. State or Rhode
Island was Invaded, or in imminent
danger OF Invasion Or that either OF
the ezigencies recognized by the con
s.itutipa and law OF the q. S. exist
ed. Ii such declaration could have
been made with truth, it would un-
donbtcily have been made.
General Dearborn plainly suppos-
ed that in consequence Of the act de-
claring war, he was authorised by
virtue Of the power given him by the
President. to require any part or the
whole Of our detached militia to be
called out Il marched to such places
in this and the other states AS he
might think proper. If this con-
structisn of the constitution is Ger
rect, the President and Congress will
be able at any time, by declaring war,
to call the whole militia Of the Uni
ted States into actual service, and
march them to snch places as they
may think fit, and retain them in ser
vice so long as the war shall continue
Il is declared indeed by the afore said
act Of April 10th, that the said de-
tachmcnt shall not be compelled to
serve ''lonscr time than sin months
after they arrive at the place Of rem
dezvoNs." But If the mere act Of
declaring war gives a right to the
national government to call tho mi
litia ihto seryi and deta", t.,em six
months. it mus, give right to detain
them six years, il the war continues
ss long and the national government
has the same authority to call cut
the whole. as a part OF the militia.
Heretofore it has been understood,
that the power Of the President and
Congress to call the militia into SER
vice. was to be exercised only in eases
ofsUt'dcn emergency, and not for the
purpose offorsning them into stand
ing army or Of carrying on offensive
war. But according to the above
construction, th. right to employ the
militia is made to depend, not upon
contingencies VI lIich the National Go
vernment might be unable to foresee
orprogiae against, but upon its own
Hot-upon The existence ef a state Of
war.which the government has Alright
to declare as often, and continue AS
ioos as il may think proper.
Although many Of th5 most i'm
por;ant attributes of sovereignty are
given by the Constitution to the Go
yc:nmen of the L, States, yet there
are some w!icl. still belong to the
State Governments Of these. orc of
the NEST essential is the entire con-
troll Of the militia. except in the Ell
gencies above mentioned this has
not hesn delegated TO the y. States,
it is therefore reserved to the States
respectively ; and whenever it shall
be taken from them, and a consolida-
tion Of the military force ofthe States
I : Il -