Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-03-29


the command in his absence, is construc-
ton for which can see nothing in the'con-
sutu,iou to afford the slightest pretext. Is |
It inferred from the Circumstance that he is |
appointed commander in chief of the militia |
when called into the service Of the United
States! The same clause appoints him com.
wander in chief of the land and naval forces
OF the United States In construction of law
ne Is commander in chief, though not pre-
sent His presence is not contemplated i'm
either case. Equally necessary is i, in the
one as in the other. What has been the prac-
tee under the constitutions, commencing
WIN the first chief magistrate, and pu suing
u under his successors to the present time
las any President ever com manded in per-
S"n' ehaer The land and naval forces, or
the militia Isl not known that the power
70. do 1t Is vested In him, principally, for the
purpose CT giving him the control over the
military and naval operations, being a ne.
cessary attriblte of the executive branch
OF the government That although he might
.aKe the command of all the forces under
10, no President has ever done it. That a
provision for the actual command Is an OBJ,
Iect OF legislative regulation, and the selec.
non or tue person to whom committed, of
executive discretionl
Under the commander all the officers of
every snecies of service and CORPS, regular
ana mi'it'a, acting together, take rank with
common consent, and perfect harmony, ac-
corclng to an article OF war, sanctioned by
ne constitution. BY this article the officers
OF the regular army take rank of those of the
uhhia OF the same grade, without regard
TO the dates OF their Commissions, & officers
ct any and every grade, of the militia. take
rank OF all officers of inferior grade of the
regular army. When these troops serve
toge'her they constitute but one national
force. lucy are governed by the sa me az
ucses OF war. The details Tor detachment,
guard, or any other service, are made from
them equally. They are in truth blended
| together, as much as the troops of the regu-
lar army when acting by themselves onlv.
| Ahe idea advanced by the honorable
| Judges OF Massachusetts, that where the
regular troops and militia act together, and
| are commanded by the President, in person.
VINO withdraws. there can be no chief com.
mander. of right, of either species of force.
| over the whole. but that the regulars and
mui,ia' as implied, may even be Considered
| ss aihed forces, is consequence of the con-
| structon for which they Contend II pushes
| me doctrine of state rights further than
nave ever known it to be carried in any other.
instance. 1t is only in the case of powers
"no are completely independent of each
oenefA and who maintain armies and prose,
cute war. against common enemy, for OBJ
Jects equally distinct and independent, that
TINS doctrine can apply. 1t does not apply
10 the case OF one Independents power, VINO
taxes into its service the troops of another.
Tor then the command is always at the dis :.
posal OF the power making war and en-
pioyihS such troops, whether regular or
militia. How mucn less does 1t apply to the
case under consideration. where there is but
| che pewsr, & one government, x the troops,
"heiher regular or militia. though distin-
gnishedby shades OF character, constitute
Out one people, and are, in fact, Country
men, friends. and brethren.
The President is in himself no bopd of
union in that respect He holds his station
as commannef in chief of the land and naval
FORCES, and of the militia, under cohstitu
tion winch binds US together as one people,
ior that and many other important purpo-
SEES. his absence would not dissolve the
pond. II would not revive discortaut latent
Claims, or become signal for ,iisorganiza>
ton.
The judiciors selection of the chief conn
inander. for any expedition or Important
station, is an object of high interest 10 the
nation. Success often depends on it. The
right to do this appears to me to have been
enphCitiy vested IN the President, by the
authority given to Congress to provide for
calling forth the militia, for organizing. ar.
mlng' disciplining. and governing them.
when employed in the service of the United
states, and by the powers vested in him as
chlet eXecu i've of the United States. The
rights OF that highly respectable and virtu
Gus body of our fellow citizens, are am
persuaded. completely secured, when the
militia officers commanding Corps are re-
tainsd IN their command NJ lior General
over his division, a Brigadier over his bci.
gade. Colonel over his re giment, and the
laterIor ofiicersin their respective s,a ions
These rights are not injured or fscteJ nv
the exercise the right of the chief maeis.
rate, right incident to the executive noUs
err, equally applicable to every species of
force, and of nigh Importance to the pubic
to appoint commander over them. Of the
regular army, when employed in the service
OF the United States, if lie should deem il
expedient. The rights of the militia Off
GERS and those of the general government.
are strictly compatible with each other
There is no collision between them. To
displace militia officers, for the employ.
ment OF regulars, or to multiply COM
mands of separate character, especially
OF small bodies, for that purpose, would be
improper.
In dividing the United States into military
district7 and n1ac1no n cxora.,I &c Il