Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-11-19

5 tons m a distant province" our only chat
: the regular we're To be marched To the
northern fontier" And what inpropri
ETY. was there in this arrangement The
northern frontier was exposed the popula-
ton there IS thin; il wanted protection
and besides, that is quarter where il was
polite 10 strike the adversary when why
not carry the regular force To that section
If the Ui;on, y me hardest service, and call
out the militia of Massachusetts 20 guard
their own and the ncigtbafing coastf Gov
Strong does not, with all his arguncntativc
disposition, point out any thing improper IN
this appropriation of the different species of
military rec. He rather admits the fitness
of it ne4r'y the whole OF his long let,elt IF
the 5th of August is an effort o demonstrate
that the militia were. from the relative pos
| ture OF populate N, in the best possible stua-
ton to meet the foe. "The places conscm-
plated in General Dcarburn's specification
as the rendezvous of the detached militia
| (says he) excepting in one two instances,
contain more of the militia ,hau the portion
of the detached militia assigned to them.
| we solicit cur readers to perdse the letters
| ct gov. Strong with attention, and par1icu-
larly that of the 5,h Of August. BY the lat
ter 1t viii more especially appear that the
executive of Massachusetts continually puts
I
takes upon himself to Judge of the danger of
invasion, OF the proper distribution of troops,
and appears co Consider him ,elt as an abso-
! inte sovereign, or at best nothing more than
AN ally. To tOriify himself in these notions,
he convenes his council, and the state judges
are consulted. These state JUDGES of course,
respond in unison with his excellcncy the
governor: Thcy say. that :" no power is
gwen either to the president or TO the con-
gress to determine that either ofthe cxigen-
cics ltor calling out the initial do in fact
eHistt;" aud hence, they infer, the right is
vested in the governors of tie states. Here,
1t wild be observed, the principle commended
for 81 the judges is, that she executives of
the several states are the judges of three
Important facts in relation to the general go
vernnent, to wit:
L. Ofthe fact OF invasion.
! 2. Ofthe fact of insurrcc ton
3. Or the fact or dsobedirncc to tho laws
of the Union.
Now it does seem to us, Notwithstanding
the decision of these sage Judges, that to give
TO the general government the power of re-
pellnS invasion, suppressing Instructions,
and enforcing the laws, and vet 70 denv 10
II IN" ght of determining when the cases
exist l. :. palpable and iudicrous absurtlity ::
aud ye DEFY Messrs Parsons, Scwell and
Parker, to point 10 any precedent analogous,
where such distribution Of power has been
made. Letus suppose a few occurrences in
point: An instruction actually exists, but
ne state governors declare that il does not
: not the general government disarmed of
| power to suppress 1t? Again, an invasion
takes place, bat the rulers of the several
states proclaim that it is not 80, is not the
a'm OF the general government enfeeb!ede
)nce more, a law of the Union is iisobe, ed,
>ut the governors # the states deny it, the
militia must not stir, is not the general govern
nent Paralyzed! according to these Judges,
the presid mt and congress have and they
4 ave not the power to call on: the militia {:
They haveihe powers (say thcy) but then
sney must hrst apply to the governor of the
several states 20 know wllether the occasion
for calling them out actually exists! This
IS the literal interpretations of the Massachu-
Sctts judicial logic; and it presents to the
mind n f'IShLfui Political monster with eigh-
teen heads. Such picture of government
certainly never entered the mind of man be-
tore the present time. To have congress
and president with authority 10 make war.
to call out the militia, &c. and yet. before
they can carry this authority into effect,
they are compelled to ask the assent of
eighteen governors Pray, if this dc
crime prevails is not the real controlling
power cot the nation, in relation to war, or
at least very essential part of war, in the
state governorss And what refuge from
such legal construction can the general go
vernment find, except as the president re-
marks, in large standing regular military
forccs
t rs further illustration of the absurditv
Il tins doctrine, let Us advert for a moment
, to the opinion ofthe judges (page is, print
t I'd documents where they vest the governor
; OF Massachusetts with all the authority of
; exclusive commander in chief of the militia
: otthat state. We ask how this designation
can be made to- agree with the express
: words of the constitution of the Unitcd
States, which declare that "the president
] shall be commander IN chief OF the militia of
the several states, when cailedirto the actu
II service of the United Statesf Can there
be fSOl commuters in chief! We should sup
pose this pain passage in the federal consli
= tuition would have struck dumb these Judi
, cial eXpounders ofpa.itica notions who. ne
yerthcless, go on to inform Governor Strong
and his council, that al.hough the president
IS commander in chief of the militia, vet thai
ne cannot delegate his command over them
as he can over the regular troops. In this
respect, however, the federal constitution
makes no distinction: 1t says, The oresi-
. dent shall be commander in chief Of the ar
= my and navy Of the United Ststes. and ol
{ the militia OF the several states, when call
;. ed into the actual service of the United
c States" Th' presidents authority, as to the
+, army ard militia, wien in the service of the
4 United States is evidently the same. as APP
E pears ~ the conuecHrc," AND" Theildrcs
admit that he may, undoubtedly, exercise
the command Of the army by officers of the
y | army Of the United States yyhrnrc IN f,'-