Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1812-08-19

Of this StatG, SHOuiu LIE bOSVooAty @.in'skPtft
ari.e.-But if the Congress OF the United
States have seen fit to exercise the power to
declare War, before they have carried INTO
execution another provision OF the Constitu-
ton, to raise and support armies, It does not
follow that the Militia are bound to enter their
Forts and Garrisons TO perform ordinary gar
rison duty and wait fer al. Invasion which may
never happen Whatever may be the dlspo-
sition of this State, or the Militia thereof, to
render voluntary services under State autho-
rity, to carry on the War in which this Coun-
try is unhappily engaged, it Is surely linpor-
tant that when demands are made by the adj
ADMINISTRATION of the government OF the United
States, they should be found to be strictly
within the constitution OF the United States,
and while obedience shallb promptly yielded
70 all its requirements that the constitution
and sovereignty Of this State should not be
imnaired. OF encroached upon--that the pow
ers g delegated to the United States" may
be exercised and the powers !" reserved to the
States respectively" may be retained. And
as no information has been given and nene IS
in possession of this board, that any part OF
this state is invaded, or that any other danger
exists than that which arises from declaration
of war made by the Congress of the United
States, against Great Britain and the sug-
gestion thata part of her fleet has been on
the coast Of the United States, and as the mi
lita are called for not TO repel invasion, but to
perform ordinary garrison duty the council
are of opinion that it does not consist with the
powers retained by this State, to order It's Nil
litia into the service Of the United States on
the requisition of any of the officers of the Z.
States in a case not demanded by the constI-
tution-And until such case occurs, the coun-
Gil advise his eAcellency the Governor to re-
tain the Militia of this state under his own
command and decline compliance With the
requistiion of the Secretary of War, * Major
General Dearborn.
Passed in the Council
Attest THOMAS Day, Secretary.
Ii seems now to be conceded by the pre-
sident, that whenever the militia are consIisu-
tionaHy ordered out, they are to go under the
command Of their own officers, appointed by
the laws Of the state, and not under officers ap-
pointed by the U. States. Five companies, or
as the case may be fur, form battalion, and
have a legal right to be commanded by field
officer, viz. major. By the articles Of mar, if
the militia, and the regular troops are engaged
in oint service, where two officers Of equal
grade meet, the u. States officer is to take
precedence without regard TO the date Of their
commissions. The commanding officer at
fort Trumbul was a CAPTAIN. By calling Tor
the militia in comfanies, none but comfaay
of;cera of course could SO. Their place of
destination was the fort at New London. 1t
would follow necessarily, that the moment
they entered the fort, they would by the arti
cles Of war fall uRder the command Of the U.
States officer. And the words of the letter
are expressly so---tbat they are to be placed
under he command oftAe commanding officer
Of that fort.
The above language of general Dearborn il
would seem, could not be mistaken. There Is
room for neither nisconstruction nor doubt
How then, could MIR. Secretary Eustis say, in
his letter of the 18th July, that tie requisitfon
of general Dear6orn, clearly recognized tic
right of Tie state TO officer tie nHAtia
An attempt to obtain the command Of the
militia, and to reduce them to regular troops,
would be very alarming. The militia, as auch,
can never be considered dangerous to the In
dependence OF their country. 1t is only when
they lose that character, and become changed
into a standing arthy-when instead of being
free citizens of free states, linked by nature
and social life to their friends and neighbors,
their FIRE sides, and their affairs, they are de-
graded into regular troops, and subject to the
articles of war, that they would become terri
bic. Had this precedent been established IN
favor of the claim of the United States admi-
nistration, the moment war should become
unpopular, and enlistments slow, and volun-
teers tardy in offering their services, it would
be practicable for any president, corrupt and
aspiring enough to wish to erect his own pow
err on the ruins Of his country's freedom, under
the influence of detacoment law, to convert
one hundred thousand militia, into one hundred
thousand regular tr0ohs, and at a stroke, with
their influence, to assume the title of " M
| PERIAL AND ROYAL MAJESTY"