Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1812-01-16

could furnish. Does not every one at once
perceive the marked distinction between ar
mics which Congress are invested with the
rover to raise, and militia governed except
when called into actual service by the regula-
tons Of their own States.
The power to raise armies and to provide
navy immediately follows and is closely con-
nected with that Of making war. This im-
portant subject being provided to., the militia,
always regarded as most essential safeguard
of the nation, next claims the attention OF that
Conventions. But the wise statesmen and ex-
ceIlent men who composed that body did not
90. onto alarm the great body of the citizens,
with the prospectof being liable to be called
beyond the limits of the United States, 10 as
sisf the government in the prosecution of
foreign war On the contrary, they guard a.
gainst such an apprehension by giving the 60
vernment authority to raise armies, to employ
mercenaries to prosecute the wars which they
might declare. To the great body of effec-
tive citizens, constituting the militia Of the Sc
yeral states, they assign appropriate and dehn-
ed duties, manifestly intending to distinguish
them, as in name, so in employment, from the
other description Of force. To the militia,
are three important services only assigned
lst. to execute the laws Of the union.
twas no doubt well considered to be more
eonyenial to the nature of our free institutions,
and to the character and feelings of our peo-
pie, that if in any unhappy instance any por.
ton of their people should be misied into hos
tility against the laws. the government should
+ call 10 its aid those who remain trne to their
duties, rather than resort TO the aid of mcr-
cenary army.
In the instances of opposition to the laws,
which occurred some years ago in the State
which have the honor to represent, the good
effects Of this salutary provision were mani
fest. TO their fellow citizens, arrayed on the
side of order and government, the insurgents
readily submitted, and the effusion of human
blood was thereby prevented. This branch Of
employment, like that which follows it, the
suppressing of Instructions, is III its nature
wholly domestic; it gives occupation to the
militia only within the limits of the United
States. The third and last duty imposed on
this body is I" to repe invasios." Can it be
believed, Mr.. Chairman, that under the pretext
of repeling insasons, it was intended to au-
thorise this government to send the militia in
pursuit of foreign conquest Was there any
such sentiment prevalent at the time the con-
s,itu;ion Vas adopted, or did any object of de-
sire exist that could lead to the prospect of
our being mad enough to go abroad after new
acquisitions Of territory to be gained by force.
We had not been very long dismembered
from the British Empire Gentlemen will
scarcely suppose that with such feelings as
then pervaded the public mind, her example
in seeking new conGuests LIN all parts of the
globe was about to be initiated in this new,
and rising, and virtuous republic. If the mem
bcrs Of that convention had been asked--Do
you intend that under the mask Of repelliEg
invasion, the militia shall be marched to Cana
Ga and the walls of Quebee-what would they
have answered!
Nj. Cheyes here said that he did not con-
tend that the power OF marching the militia
out of the United States, was derived from
the clause alluded to; but that the power to
declare war being given to Congress, and be-
ing most important attribute of sovereignts
The power for which he contended followed Of
course.
Sir, ask the honorable gentleman's par.
don. had understood him to argue that as
in the performance Of the acknowledged duty
invasion, TIE passage of the mill
tia beyond the frontiers of the United States
might be unavoidable, that the precise dis
lance to which they might be led could not be
fixed, and that for the effectual attainment Of
the object Of repelling invasion, the militia /.
might be carried to Quebec, and the conquest
of the country ensue therefiom. 1t is proba-
Bile may only have heard the argument urg. ,
ed i'll private conversation.
The power contended for is then to be con-
sidered as a coneomitant of the right to de-
clare war. The error of this argument con. I
sists in the application of principle to our
wholly unified to it when the
manner ofits formation, the nature of it's pro.
visions, and its practical operation are cosi-
lcred. Oar government is founded on cx.
press compact, Its nature is defined and fixed