The enquirer. [volume] (Richmond, Va.) 1804-1815, 1814-12-01

trine, which IS thus directly at war with the
constitutional powers Of the federal GOVERN
mens, shooid be exclusively propagated bv
these men, who call themselves Eederofisfs
and friends Of Order
The Constitution declares that CONGRESS-
shall have power to provide for Calling 1oryh
ne midaa, to execute the laws of the union.
suppress Instruction and rcpel invasion. -
Now, say these exclusive friends of the Con.
stitusion, the United States l,avc no right to
Cali out the militia, but in cases of actual in.
vasion, OF which cases it is the duty of the s-o-
vernment OF the particular State, from which
the Militia are called, TO Judge in the FIRST in
stance.
Now, It Is an obvious rule in the corstruc-
ton OF all limited Instruments. frst to ascer-
tam whether the power Claimed is ac,aaily
green, and Secondly, whether any limitation
IS imposed upon the u,annor, time and other
circumstances accompanying the exercise of
THIS power!- II the power be not given III ali.
there is an end of the qncstion--If it be Civ
en- N direct terms, 1t is Of course given with
out any other limitation, than what is steciE-
ec III the instrument itself. If, for instance.
congress had the power of laying taxes ON
tne People IN general terms, without any dis
tmct'on beng male between direct and indi-
rect taxes, Congress III; ght have raised these
taxes m any shape they thought mast expc-
taxes among the several states according to
their respective numbers" Th,. eencrol
power OF taxation however is given, subject
to this express limitation. This l,nitstion is
expressed in order to bind up the general
power, which without such an expression
Would have been free from all limitation.
Let US apply these rules to the case Of the
Mhlta, Has power over the Militia been
conceded TO the General Government The
above clause, which we have oiteSl from the
CONSTITUTION, puts this question to rest.
IS TINS power conveyed in general fer..s-
or with what limitations is it Accompaniment
Let these limitations be what they NAV. it
Is contrary TO every rule oS CONSTRUCTION or of
common sense, to extend those limitations be-
You'd the provisions of the instrument itself.
Limit the general Power as far as the nstru-
ment specihes, there yon must step. IF there
De only one limitation expressed, it proves
in fact that no others were intended he.
cause they too would have been expressed.
ne e;cec7i&ion In fact proves the raic.-
Does The Constitution say, for instance.
that Congress are not TO call ont the Militia
7oifnout the Consent of the States? Does ii
say, that they are rot to be called out Until
the Governor OF the State has been consulted
as to the occasion? Is he to be previously
asked wnethei the invasion has taken. or IS
likely to take place, whether the i..ws are dis
there BE- such limitations expressed ON he face
ct the Constitution, point them out. IF there
Dc none such, ey what right do you infer them
by what right Go you despise all the rules of
Construction, and assert the existence OF . L.
imitation which is foreign 10 the great fs;-
lures OF tine Instrument itseifi
1t the members of the General G government
have the power ocail out the militia thew
alone must be the judges of the occasion and
~ fgf,ra $40 rav~ tr.t,
power, the redress is provided--the faithlcss
Representative may be dismissed by the peo-
pie, the President may be impeached by their
Representatives. But we are not to s;i,nose
that because power is susceptible OF uEusr.
1t therefore has 10 eX.stence-for there is no
power which ignorance or ambition NAV not
apuse.
The constitution then DIES nat ,pccify
when IL conveys a power over The Militia.
that this pawer is not to be exercised With
out the consent of the States. or that the
States are to be consulted as to the proper
nine for exercising it. l. is given 10 the
General Government, free from this rcstric-
sion--and it is for Congress to point out in
what way the Militia are TO be called OFT.
and for the President of the u ). Co exercise
this call at the monienr which he deems most
eXpedient. -
The Executives or Legislatures of the
.oSaecol arc iOl hi!OWN ut HI III the Transaction
The Const tuition doc. not couple them in the
same breath with the call for the militia. In
the Confederation, it wss otherwisc--the Old
Congress were compelled to fall upon their
knees to the States, and to beg for acquisitions
OF men and rnooey and most woefully were
they frequently disappointed. But the pre-
sent Constitution is founded upon the exper;
ence OF this error; aud instead ct operating
upon the States, goes directly to the ildfyidu-
al IT, indeed, the word regulation" has
been lately employed; if the Governors Of
the states have been required to detail the
Militia, it is from spirit of courtesy towards
the states and not from principle of necessi-
ty. 1t has inde~d led to this cxeLrabie
error; that it has completely turned the
heads OF some weak men. az furnished pre
texts for dis lbchience to some factous men,
and they Pretended to believe because reoui-
sitions were addressed 10 them, that thev
were AZ ali times az liberty to Judge Of tie oc
casion and the tire fsr calling The militia into
service.
There IS no limitation, thcn, imposed in
EHest reSpects--nor is any ntnIt3tion cypress
ed as 10 tl.3 made q calling OUT the militia. or
as TO, tine i've FOR winch they are 60 serve. or
as to the occurrence of an actual OF an hmm
nent INVASION. There is 40 such word q.
I" actual to be found in the Constitution
and TO show IN What way this clause was in
terpretcd BY the tederalsts themselves, when
they were in power, we have Only to turn e,
the law ct s., which makes il " lawful for
the President Of the ". s." not only 70 cau
them forth wheneve the u. . shalt he in
vadcd, but when in " in,D.iHcnf dqngey of in
vaSun ~ Of which he is tC he the. it,fise