The enquirer. [volume] (Richmond, Va.) 1804-1815, 1814-12-24
VERMONT LEGISI.h7'CRE.

VERNO.WT LEGISLATURE.
IN COUNCiL-REPoRT OF COMMITTEE.
10 his ErceNeucy the Governor, and The
non. ConncHn ezv ir sessisa.
ionr committee TO whom was referred the
following question proposed by his Excel
lcncy -" CAM tie militia S9teii ia tie actual
service Of the UAdtcd States. be iaErtf 1iiy
commanded by any other officers but s,leh as
are n,tfom,ed on this state, crcett 6y ne
President ofthe United States 2"
REPORT.
That the constitution of the u 6. article d.
section 8, declares, That congress shall
have power for calling forth the militia. 20
execute the laws of the union, suppress in
s'rrection, and repel invasion To provide
for organizing. arming, and discplining the
militia, and tor governing such part of them
SIS may be employed in the service os the u
| nited States, reserving to che states respec-
lively, the appointment of tho officers and
the authority Of training the militia, accord
ing to the discipline presc' he'd by Congress-
In article u. section ,, The President
shall be commander in chief Of the army of
the United States and of the militia of the
several states, when called into the actual
service of the United States"
1t is the opinion Of YOUR committee that the
different clauses quoted from the Federal
Constitution, should receive 4 construction
so as to render one clause Consistent with a.
rother. The president may, undoubtly, com
mand the army g navy of the United States,
by officers lawfully commissioned by himself !;
but he cannot so command the militia OF the
state when called into the actual service of
the United States ;, for the appointment
of their officers is n right reserved " to the
states respectively" If, therefore, the pre-
sident would Command the militia, when in
the actual service Of the United States, he
must do 1t in person, or exercise his command
over them by cheers appointed by the states.
The congress have power TO provide for or
ganizing and dsciplining the militia, ard 60
verning such part of them may be en-
pioyed IN the service of the United States -
out to construe this act rs oDst;tu|on0irieHt
OF placing the militia under the command Of
any officer not OF the militia, exec t the pre-
sident, would render migratory the following
reservation, that is, Y" rcserving to states res
pectively, the appointment of the officers, and
the authority OF training the militia, &c.
Your committee consider this an important
reservation in the Federal Constitution, favor
ing the sovereignty of the states, and tending
to secure the rights of the people. 1t is not
therefore to be surrendered to the general &C.
vernment. AS well might the officers of
the militia, appointed by the state, claim the
right to command the u. States, as the Off
c. . of the u. States to command the militia.
here is no constitutional provision for Ell
ther to claim such right or to exercise such
command.
VIM. CHAMBERLAIN,
For Committee
Montpelier, Oct. %, 1914.
The following is the resolution adopted by
the hon. council i'll compliance with the pre-
ceding report
" Rcsotued, That it is the opinion Of the
f, council, that it is rot made the duty of his
excellency, by the constitution of the United
States, to put the detached militia of this state,
when in the actual service of the T. S. under
the command of any officer commissioned 10y
the president : but such militia are to be com
manded by officers appointed by the state, or
by the president in person. Adopted uriani
moisly.