Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1813-07-30

Making an aggregate Of $4,000 stands
delivered, and leaving balance OF 8 At
stands subject 10 future distribution.
That the aforesaid disposition has beer
made in virtue Of the authority comic =
red by the third section OF the act Of A
pril, 1908, which is As follows Tha'
all the arms procured In virtue Of this
act, shall be transmitted to the several
states composing THIS union and terrific
ries thereof; 10 each state and territory
respectively, in proportion 10 the mum
Der Of effective militia IN each state and
territory, and by each stale and territory
to be distributed to the militia in such
state and territory under such rules aad
regulations as shall b. BY law prescrib-
ed by the legislssure>of each state and
territory"
Tie language of this section is clear.
and admits Of but one construction. The
proportion to which each state is enti-
tied is secured by it; each state having
contributed its just proportion of money
to the purchase, each state is entitled to
rec,age its just proportion of arms !:
shall be transmitted to each state ard
territory respectively, in proportion to
the number Of Effective militia in each
state ard territory" Iransmhted,"
when AT such time as the executive
may deem proper. This is the only
construction, liz the opinion of ysur COM
mittee, OF which the language Of the
section Is susceptible If the intention
oil the Legislature had been 10 bird tine
executive to a simultaneous or Periodical
transmission, the language of the sec
zion would bave been different A" shall
be transmitted at the same time," or
+" shall be transmitted annually, or bien
nialy, or frienniaHy," WoUlc have been
the language If the legislature. The
time of transmission not being specified,
therefore, but left, as your committee
conclude, to a sound executive discre-
tion, the question Is, whether any altera-
ton in the sci Of April, 1903, be in this
respect eXpedient.
In legislation it is extremely difficult
and freguently impossible to foresee ali
the exigeDcies which may arise under
particular act; and, consequently, ex-
Sifficult, and frequently impos.
sible 10 MAKE adequate provision tor
them. In some cases even the legisla-
ture forsseeing possible exigency, it
would DC unwise 10 anticipate and pro-
vide for it by the ertyrss letter OF the
lew. Would it become the legislature
Of the Union, for instance, to anticipate
the rebellion of state against the autho.
liiy Of the United States, and to enact
that " no state in actual rebellion against
the United States, should be entitled to
receive its proportion of arms" Your
presume not: Legislation OF
this character, would, to say nothing OF
the violence it would offer to the en-
lightcned sensibility OF the national legi-
Stature, be the means when frequently
INDUCED of bringing about that very
state Of things which cannot be though!
Of without horror, and which ought no.
to be spoken of at all. In every act OF
exislation, therefore, something mus,
De left to implication something must
Dc be- left to discretion. But there ere
,ther considerations, which; in the OPT /
lion Of your committee, justify the dis
:retion as 10 the Yimf Of trarssaission.
A war unexpectedly breaks out; a
particular section il exposed to the. as