The enquirer. [volume] (Richmond, Va.) 1804-1815, 1814-03-02

/ OF IL. bill we're not altogether Acceptable e
that department an intimation, which, the
| honorable Senator adds. occasioned h III the
more surprise, because he had certainly
understood the Honorable Secretary, as
yielding his assent to the principle of the
bill. This session OF Congress terminated
on the Cd of August last.
Since then, the President of the United
States. in calling the attention of the Matt.
onal Legislature. at the opening of it's pre-
sent session on the sixth day Of December
! last to a revision of the militia Lows, has
suggested to the g consideration" of that
| body, whether, among other improve
ments in those laws, justice does NOT require
| a regulation, under due precautions, for de-
| trsy'ng the expence incident to the first as
| caibiing, as wei as to the subsequent
movement of detachments called toto the
sstioral service.
] appears TO your committee. that nei
ther tle hiu which passed the Senate, nor
the provision suggested tn Congress by the
| President of the United States, woulii obvi-
ate all the objections Of the Department of
War to the unsatisiied claims Of this COM
| monweaith.
These, however, together with resoluti
! on OF The House or Representatives adopted
at the instance of n member from Vi: ginia,
calling upon the Department of War for
commonwealth, and a resolution OF some
what similar import, moved in the Senate.
y an honorable Senator from New Enmp-
| shire. are all the steps taken BY the gov IN
ment OF the United States in relation To the
Claims OF tins, or of any other state, for a
reimbursement of eXpences incurred an its
defence.
10 compliance with he resolution of the
t1"use OF REPRE-, cntatives. report from the
' NnN
House, the letter of he Accountant of the
17th November 1912. hut 7yi,hont Gnu hart
| y fhe subsequent co7rcSfondence resnec =
ting this SUBJECT between this government
and that OF the government of the United
| States. ''.."
After presenting this brief history of the
efforts which have been made by the Exc
| cutive OF the commonwealth, to bring 70
| satisfactory adjustment. the outstanding
claims thereof, upon rhe government of the
United States, your committee de "a 1T in
cunabent upon them TO suhJo n thereto. a
Concise view Of the arguments, by which
they have been suppe tld
10 the government charged with the
common aef nee" of the United s ates
and, more especially, with the - hrotecfion
u "aeh STATE, from mU0Sion," must at
zach, every expense attending the pcrfor
nance or those duties. Such was the con-
stTuction OF the articles of Confederation. and
such must, unquestiOna bly,, be the construc-
ton OF the federal Con tuition. whirh, en-
! iargins the resources Of the government of
the union, by the power of internal taxation
and An exclusive grant of the duues on i'm
ports, Cannot be supposed TO have narrow
ed Its obligation TO ti:e people, or to the
states.
Such construction of the duties Of the
existing government is alike inferrahlc from
the terms OF the constitutions and necessary
to Fender the government which it establish
es Just In lis operation, and com petent to Its
end.
Ii the government of the union be not
bound for all the eXpeuces of defending the
states who compose 1t, the equ iity oil is bur
thens will depend, not on its constitution,
bot on the local position Of the several states.
aud the system OF military operation devils
ed by the enemy, consequences, so jpcon
sIstent with an union tor common defence -
are wholly inadmissibte, and no sound con-
struction OF the Constitution can sanction
them. ~
But, if this general doctrine be true, all
the objections, made by the department of
war, to the Claims OF this cOmmonweait h
are at once obviated. The militia con
.stitute one means of national defence. and
the expences attending their employment
on this object wherever and whenever they
may occur, are Chargeable on the national
trt aSury.
1T is not pretended, however, that such
employment of them by any state as NAV
Constitute charge on the general govern
ment, shall be subject to 20 restraint, or
rule. On the contrary, il is resdily conce-
ded, that no employment Of them, by any
local auth rity, car Justify charge in the
federal government, usess it be shewn tha at
such employment was necessary to the de
fence or security from Invasion of some part
| OF the Oni'ed States, or OF the territories
thereof; & it is further conceded, that the
froQf Of such neceSSi y, must be furnished
| by the local authority, claiming from the
| treasury of the union, a reimbursement OF
the expences incurred in such employment
| OF { em.
| w tl'n this rule, each state, or territorial
| government, may require of tine ". States,
| a re payment of such expenses as it incurs
in defending itself against movement of
foreign enemy, unforeseen, or unproyided
tor by the government of The uni
| Such an. authority III the members Of an
union so widely ex' ended, as that of the u.
States, Shouts be recognized and sustained
! for the sake of the union itself !; as a total
denial C. it would render The advantages OF
such an union to its members, dependent or
their remoteness or proximity, in relation TO
the federal head and would make fur
Their extension of it., TO it's. distant territories
IIuCOpSlgfept with ito cnrDpefepry ~ ;,o -: