Portland gazette and Maine advertiser., 1814-12-12

y
ror, when pre(ent danger hulhes all fears
Of that which is more remote and lets oo-
vious, inroads on the rights Of the Peo'
pie are chiefly to be apprehended. In
cafe 70 deeply affecting the perional lib
erty Of the whole BODY Of the nation as
the prefent, no extremity Of danger would
juitify the exercife of illegal authority.
The inquiry is, whether the conititus
ton gives to this government the power
commended for i?
The clauie in the contribution which
declares that congreis fhall provide for
the common defence, has been cited, tho
very little reliance appears to be placed
on it. The purpoie Of that clause feems
to have been to impoie duty, or dehne
an object, to the attainment OF which
the powers granted arc 10 be applied.
lhe words Win others Immediately con
oected, are 80 pay the debts and pro-
vide for the common defence and gene
raj welfare of the u. States" The
means or powers are afterwards prefcrl-
bed, by which theie great offsets are to
DC attained II has not been, and truit
viii not DC contended, that congreis are
al liberty to reiort to other means at
thei. idcretion Should this be eoD6d>
cred grant OF power it'll the fubteqJent
fpecifieauon Of the manner OF exeIcliing
it would limi and reit'ic, it. Money
raifed TO pay the debts Of the United
,,ta,es, for initance, mutt be RATED in the
manner fpecialiy pointed oui; aud if it
could not be Obtained by taxes levied
according to the contribution, or by other
methods therein directed, ioreiy congrels
could not levy taxes in any other way, or
refort to other means not thereby author.
lied
The authority given to congrefs, to
raile aud iupport armies" comprifes
their whole power on this iubjeet This
and the authority Of calling ivfth the mi.
litia under certain circumstances, are the
mrans by which the common defence is
to be provided for. Can the legislature
by virtue OF this grant OF power adopt the
propoied plan Of confcriptlon, and place,
BY force. fuch part of the population OF
the u. States, and for iuch periods as
ihalI be deemed expedient, IN the ranks
OF the regular army! n power 70 trani-
cendant and dangerous, mutt, to juiti,y
the exetcile OF It, DC derived from the
PLAIN principles, and d. end on no doubt
full contraction OF luotie reafoning
The power to raie and fupport armies
mutt be contrued according to the in
tentions and understanding OF the people
OF the United states. who made the con
ititu;ion conlilteatly with the well
known and eitaonihed rights Of the ita'es
and OF the people and confidently with
the gene al principles OF civil liberty
lhesmllitary power Or force given by
the contribution to this government, is
Of two iorts-a regular army, and the
militia of the tates-the latter in certain
emergencies, and with Certain reitrlcticns
ard l,mitatlo ns--the former without any
reitriction. 1t is unnecehary for the pre-
fcDt purpoie, TO point out with exact pre-
ciion, all the reitrictions and limitas
tions OF the power over the militia. In
three ipeclhed Gales only, aud for Ter
vice within the limits of the u. States.
and under the command of their own
ita;e officers and as think, for thort PEI
RODS Of lervice, can this government call
on the nates for their militia. From
thcle reitric,ions it is apparent, the pow
or OF the u otates is Of very limited
nature, and that the it.tes till retain by
far The greateit portion OF authority over
,hcis own militia. Over the regular ars
my, the government ot the U. States
have an unlimited power. They may
uie it in all cafes where military force is
needed in any part OF the world. under
iuch officers and for fuch periods as they
pIealc. there always have been IN this
country important dIitinctions between
the militia and the regular army. these
diitinctians were always kept up, and IN
various initances exemplitied in the war
OF the revolution, and were well UNDER
food by the people of the U. States at
the tine of forming the conitiutior.
there was known to be an eileniial dit
ference between ierving in the regular