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

ed 20 contend Tor the CONTRARY doctrine,
The power in que,tion is lnconGitent
with certain well known rights of the
ltates recognized by the contribution.
such contraction of a power granted
to the general government as deftroys
rights referved to the itates by the con.
ltltuiion cannot be admitted. Becaufe
it can never be pre(umed that rights were
Intended to be furrendered, which are
expressly referved or recognized as exit
ing in the tta,es. The fame principle ap-
pies to all rights acknowledged to be-
long to the Rates, whether recognized by
the contribution or not. The contribution
declares " the powers not delegated TO
the United States by the conitr ution,
nor prohibited by it 10 the fates are re-
ierved to the ttates respectively or to the
people"
he ftates ftill retaining the principal
power over the militia as has been flown,
the power given this government to .aiie
armies mutt not be 10 continued as will
deltroy that power of the itates.-- he
power claimed is to take by force, for the
regular army, all peffons capable Of bear.
ing arms, including ,hs whole militia of
the Rates. 1 mis- iurety annihilates all
itate power over their militia. he whole
OF any part may, at the pleafure OF this
Government, b, CONVEX cd into a rerular
amy, and the proviiion OF the conititu-
uon IN this particular, together with the
rights OF the itateS be deitroy-d
The right Of the fates IN time Of war,
to MAINTAIN regular troops, is recognized
by the contribution. Abandoned by the
u. States, it is we'll known that ieserai
of the ttates at the prelens time, keep con.
tiderabie Doaies OF troops tor their necel-
fairy dereace. All thetc Come within the
ueicrlption, of perfons claimed by this
government, and may be thus immediate
ly transferred to the army OF the u. States.
Wretched would be the Condition OF iueh
itates, II this government poheded the
power contended for. Unprotected by
the gsncrai government, and deprived not
only OF their mira, bur Of the troops
raiied at their own expenir, their fole
remaining reiource would be an appilca-
ton to the mercy OF the enemy. It is
imPoiiible tina; theie tights, thus iecurec
to the itales by The contribution itieit,
ihould be dett,Uyed by power granted
oy the fame initi ument to the u. States.
/ he power OF the United States to raiie
armies, II reitIicted to voluntary enhit
meats, is Conhitent with the rights and
iafety OF the itates Any other continue
ton preients conflicting tights which
cannot be reConciled.
Ii has been contended that every well
contributed government has right TO the
perionai ielvices OF Its citizens or lubjects,
which 1t may ent1rcc oy competing as
many as Its oCcatons require 10 become
soldiers and that the government OF the
United States, III common with others,
may have this power without any ipectal
grant Ill the contribution. 1t Is unnecei-
la.y To eAaminc the general petition,
though it is believed It would by nc
means DC found ~ universal as itAted
Ibis government has no powers except
what are delegated. 10 TINS particular
the aI;iGle U. ,he coniti utlon which has
been 'ecmed Is exprets.. All powers not
delegated, are IeieIv.d TO the itates OF
people. therefore. TINS power exits
IA our country. At reu. ia tue itaie so..
ernmcnts, anu MOI L., thar vi lhe ". otates.
wi.h ut rsioIting to thu. pr'nsipls oi la.
ne,sut power mott ot the itasc govern
inents, peasis very ample authority to
can Tor ,hs military isrviees ot thel 9Th
zsns, ia the Yros.iio1s OF their reipec-
ave contributions. iieDce might be
drawn an ae1nlonal argumenl, were II
neeSilary AZ AMT the p'elens Claim OF pow
eI IA thS general government.
The S..resGy vi War, admits, tina,
the ca ,annol be taken iron the mill
TIA as mli.a~ nasn by Ieaion VI the con-
ltmutIonai Isaus,lvn, bat he lays The
ians individuals may we'll be taken, IN
thsm Capacity OF eitizens. Tins arg1
n.ent Iils no.. gentleman from Virginia
has MT ten IA to adopt Mthlal prop.
ca dsleren.e ior Ihe isipcetAole ausnori
~ whence Al orslnates, mutt coniels my
l.. "A IL