Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1814-11-17

IN such case, - thc abuse OF power q hap
PLY our constitution has provided ample
security against that evil.
In support Of this right in Congress,
the militia service affords conclusive
proof and striking example The organic
zation Of the militia is an act of public
authority, not a voluntary association -
The service required must be performed
by all under penalties which delinquents
pay. The generous and patriotic perform
them eheerfnlly. In the alacrity with
which the call of the, government has been
obeyed, and she snfccrfulness s*ifA. slsish
the service has been performed tfssousl,-
out the United States by the great body
of the militia, there 10 abundant cause to
rejoice in the strength of our republican in
sttutions, and in the virtue of the people.
The plan proposed Is not more compul-
sive than the militia service, while il Ia
free from most of the objections to it. The
militia service calls from home for long
terms whole districts Of country. None can
elude the call Few can avoid the service,
and those who do are compelled to paw
great sums for substitutes This plan fixes
on no one personally, and opens to all who
chuse it chance Of declining the service.
1t is principal object Of this plan
to engage in the defence Of the
state the unmarried and youthful, who can
best defend it and best be spared, and to
secure to those who render this important
service, an adequate compensation from
the voluntary contribution Of the more
wealthy in every class. Great confidence
is entertained that such contribution will be-
made in time to avoid draft. Indeed IL 10
believed to be the necessary and inevitable
tendency of this plan to produce that Of.
feet
The limited power which the u. States
have in organizing the militia may be urged
as an argument against their right to raise
regular troops in the mode proposed III
any argument could be drawn from that
circumstance, should suppose that il
would be in favor of an opposite conclusion.
The power of the United States over the
militia has been limited and that for rais-
ing fDguiar asmsss grantee without hmita..
ton. There was, doubtless. some object
in this arrangement. The fair inference
seems to be, that it was made on great con-
sideration that the limitation in the first
in stance was intentional, the consequence
Of the unqualified grant ofthe second.
But il is said that by drawing tho men
from the militia service into the regular az.
nv. and putting them under regular Off
GERS, YOU violate principle Of the consti-
tuition which provides that the militia shall
be commanded by their own officers. II
this was the fact the conclusion would fol-
low. But it is not the fact. The men arc
not drawn from the militia, but from the
population ofthe country; when they en-
list voluntarily, it isnot Us militia men that
they act, but as citizens Ifthey arc draft
ed It must be in the same sense In both
instances they are enrolled in the militia
corps, but that, as is presumed, cannot
prevent the voluntary act in the one IN
stance. or the compulsive inthe other The
whole population fthe United States with
in certain ages belong to these corps. II
the United States could not form regular
armies from them they could raise none.
In proposing draft as one OF the modes
of raising men in case of actual necessity,
in the present great emergency of the
country, have thought it my duty to ex-
anime such objections to it as occurred,
particularly those of constitutional nature.
IL is from my sacred regard for the prin-
ciples of our constitution that have yentar-
ed to trouble the committee with any re-
marks on this part of the subject.
Should it appearthat this mode ofraising
was Justly Objectionable on account
of the tax on property from difficulties
which may be unprecedented in the execu-
ton. or from other causes, it may be adj
visable to decline the tax, and for the GO
vernment to pay the whole bounty.
In this case it 10 proposed that, in lieu
Of the present bounty. thesumof fifty dol
lars be allowed to each recruit or draft at
the time Of his engagement. and one hun
dred acres Of land in addition to the present
bounty in land, for every year that the war
may continue
Il is impossible to state with znstbsma-
t;ca, accuracy the number which will Be
raised by the ratio Of Ato 100 or ! to rs.
nor is it necessary. 1t is probable that it
will be rather more than sufficient to Eli