Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1814-12-17

Nv Or Dves t"ss Wv q
=, instance Of an snqss.fed Sran' -
osver, a, the ssvstnment IL especially
:. ,,-,ete a in the execution OF any "ns or
N Of its p,wers, TO sash means as are
n,els,ary and nrsner in other words
10 such sasans as losing necessary are
nr,hibi,ed neither by the letter nor 81
n nc the constitution. The second part
Of the proposition. ii applisd to the dit
erent granite of power IN The c'n'''io'
,ion, would render onrs one. OF the most
.hsolu,e and tyranaic.l governments 10
The world. To an unpreiudicsd mind.
.;ncIs instance will suffice to prove
il. The genera, government Is author
i.ed to sgpih feefs, as well as 70 RAISE
a-uies. A case may readily be con
ceived, in which i, would be impossible
10 man the f,,et BY voluntary enlistment
| II will hardly Be eontended thai ~ this
| case the government would he authoris
ed to resort TO the od!ous sT'tem OF IN
pressmen,, practiced Nv G Britain and
other European natiors. And ye' I'D
this particular case, ss well as ~ reia'
ZION 10 standing armies, the power I"
e,uih fleets would have be" granted
in vsio, unles. right To imfresamen:
h. .d .i,,ed 10 result from the power
| ,rsn,ed." The fact is that the real In.
| ,en,i,a Of .he trainers OF the c'nsu;u-
lion seem TO have been. rather to risk
re very remote possibility here sup
posed, tina, "tLc powey itself might be-
cone Of no avail (" than u conhde to the
y,yerH nsnt, the execution OF II by
.,eans a, onx oppressive 10 the citizen.
and dangerou. to The Independence oil
the states. This is the more probable,
A, in the eomPu'sive militia powers
/ granted, will Away. bs touad, ct pro-
perly exerci,, d. ample security tor the
defence Of the country.
The Secretary alse observes that "'he
commonwealth has a right 20 tbs ser.
vice of all IT'S citizens" The manner
in which the service is 20 be ap2or,ioned
ausnng, & rendered by them are objects
of legislation" II byi,his. IL Ia meant,
that the general government may aPPer'
ton military date, among the citizens
=. il please or require them 4" be per-
formed in any manner it snail direct,
the error may easily be detected: For
il the government should from partial
" p,rty consideration, ordaln thst only
Ian yiiaa Of the citizens should ever be
called on "a, tho performance OF militia
r, dates; or that The ,niiitla should be
commanded exclusively by o'hceF; %
rs appointment it is evident that lis
c.asttutional powers would be exceed
ed. So that "the manner IN which the
vrvice wssld be appor,ioned among aud
lsred by the citizens" arc 49,. OBJ
jects ofiegi.lation." at least 7viihsDf re-
! s,rietisa. And IL has been attempted to
ne shevn thu, the restriction Gxtends so
| far az 10 oxemp, avery individual from
| uapres,nen, into the regular military
service OF the couairy.
But the militia service IS adducsd, as
q affording conclusive proof and strlk.
log example" OF the right cont.nded for;
and ia like wise said to 90 "equally corn
ou.sive With the plan proposed" ln
answer TO this it may be observed, that
he very circnMatance Of tue rights and
duties Of the militia being so expressly
defined, affords ga conclusive proet"
INA, tho pretended gst does not exist:
Fer vita the comPalsivs power ct
government over the militia, 50 Tar asst
relate, to the Scfeae' OF the country, On
connected esnstitulisnal limits, bey"nd
,hicb the government, dare not 60. The
COVER itsell, is, Of course freed from
the danger of abuse whereas the pre-.
tenisd power over the person OF the eli
lu.ep, as connected eth the regular
>ervice. must, if eenpslsivs at all, be 50
without limits.
IL must DO recollee,ed too, that. inde.'
9sndcntlY nf the difference to the citi
zen nimsoif between enlistment and i'm
prsssnent toe state 10 which he belsags,
nas a claim to urge in relation to hi,
per, nal services. Yet II the govern-
n-nt can, without the fundamentally
ar consent of the state. draw by cnmpsi-
sion one Of It's citizess into the rcgu'a-
service il may las has already bces oh.
served } draw frsm IL, BY an extension
Of the rule, companies, regiments, s'l
saass, diyisien., &c. In other words 1t
may uader the form Of draft, transfer
The hole effective issse Of state, from
| The esAtrsul Of Its constitutional officers,
10 ,ae command OF others, appointed by
| the gescral government.
Bnt IL i. sid, " the sSne thing aay
| result, from enlistment" the pcser OF
the government IN ,his subject being &C
knowiedsed to be uniimned. The dis
iinction however is too obvious TO asea
| much illustraricn !: Fer in toe case Of
imeres,ment or draft the state has no
oshsr security against Toe dreaded evil,
! than the pleasure Of the general govern