Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1815-01-17

PASSIONS Also to provide Tor Or
ganizing, arming and dissiplinias ene
militia (; and forg governing such parts
Sc them as may be employed u . TIE
service Of tho u. States, reservins
TIC the states respectively the ap-.
| point,nent Of the officers, and me
authority oftrainjsS the militia &c
corJins TO the discipline prescribeaey
| Congress. = Again, !" the president
| shall be eommandcr in chief OF the
army and navy Of the United States,
and Of the militia Of the several
states, rchen called into The actual
service Of the q. States. In these
/ specified eases only has the national
government any power over the nal
llifia; and it follows eonclusiyeiy
tlat for all general and ordinary p'lr-
poses. this power belongs TO the
states respectively, and TO them IS
loue. tits not only with regret, pn'
With astonishmeD, the Convention
cerreiye that under ealor of any au
ihority esnferred with such plain and
precise limitations. a power IS are
gated by the executive government.
aatl il semo instances sanctioned by
! the two houses Of Congress. OF con.
troll overihe militia, which, il Goa.
lceded. will render nuyatory The
/ rightful authority OF the individual
states over that class Of men. aRd by
lplaein. at the disposal Of the nation
/ Al government the lives and services
of the great body Of the peoVle, en-
/ able ii at pleasure to destroy their
4 liberties, and erect a military dsspo-
4 tism on the ruins.
An elaborate examination OF the
principles assumed for the basis OF
! these extravaganza pretensions, ofthe
consequences to whish thevlead, and
ne the insurmouutable SELECTIONS to
their admission. would transcend the
Limits OF this report. A few gene
raj observations. with an exhibition
Of the character Of these preten
sioss, and recommendation OF
strenuous opposition TO them, must
not. however be omitted.
/ Ii will not be eontended that by
/ the terms used In the constitutional
compact, the power Of the national
4
government to call out the militia,
is other than power expressly II
aiited to three eases. One OF these
must exist as condition precedent
to tie exercise ofthat power-unless
the laws shall be opposed. or an In-
snrreetioa shall exist. or an invasion
shall be made. Congress, and ofeon-
sequence the President as their organ
has no more pewer over the militia
than ever the armies Off foreign
nation.
/ But If the declaration Of the Pre-
/ sident should he admitted to be an
nnerring test oftl,e existence efthesa
cases, this important power wouid
depend, nat npon the truth OF the
fact. but upon executive intallibility.
! And the limiiation OF the power
would consequently be nothing more
than merel, nominal, as it night al
WAYS be eluded. 1T follows, there
fore that the decision Of the Presi-
dent in this particular, cannot be
| conclusive. 1t is as much the duty
of the state authorities to watch over
| the rights reserDed, as offhe United
States to exercise the powers which
are delegated.
The arrangement Of the United
States int military districts, with
small portion of the regular force
under an officer Of high rank OF the
| standing army, with power to call
for the militia, as circumstances IN
his judgement may require; and to
assume the command Of them is not
warranted by the Constitution or a.
Inv law Of the e. States. II is not
/ denied that Congress may delegate
to the President Of the y. States the
newer t. call forth the militia in the
eases which are within her jurisdic-
lion; sut he has no authority to sub
stitute military prefects throughout
the Union, to use their own discre-
ton in such instances. Ie station