The enquirer. [volume] (Richmond, Va.) 1804-1815, 1815-04-01
O@RAitrAESr OF WAR,
Feb. IL, 1915. {



the senate had observed tlist difficulties had arisen be-
tween the authorities ofthe United States and some of
the mdnida states, respecting the relative command
ofthe officers OF the gulara army and If the uitia
when calico to sct together, and eyios oil suc,
inormsi'on ON the subject this department might
possess and OF its opinion, wheibcr some eeisla i've
PROVISIONS might no, lie adopted ~hici would tend To
hesi such differences, to prevent tn recurrence the
Ike from the causes and TO facilitate the oocru-
tons OF the department in Gyher respects.
My late indispostion will, trust, explain salts
tsetor'y to the committee, the cause OF the delay
o. my answer, which have much regretted.
In compliance with the request OF the committee
has appcared tome advisable to communicate ali the
documents in this department Eating TO the objects
oiits inquiry BY detailed view OF the several nea-
s'ires which have been adopted by the president sce
the war, for The defence of the country, in discharge
OF the duties imposed him by the constitution and
laws OF the United States; OF the objections to tho
measures by the executives OF some o the states, and
al the correspondence bet seen tins department AMI
the military authorities acting nl,r it. with the exec
ntives oil such states the committee will SEE, the grounds
al the differences which have attracted, attention. ani
De enabled TO Judge how FAR any legislative interpolation
be useful and pr,per a.
The paper contains copy Of the letters Of the
secretary OF war to the governors OF the several sates
detailing their espcc iyequoas Of ta uner the acts
Of congress.
isscopy ofa report of the secretary os war; TO
the militart committees o.. the senate and house OF
repre- sentstyes bearing date the 2ist day Decem-
Der, lSls,s communicating division OF the United
States into military daricts, then contemplated by The,
department OF war, with the reasons for it whe:,
ovson with &C rtain notifications, was afterwards n
oontet' i hs report treats subiccts not i'm
pledately within the scope of the call of the commit
tee, yet treatngin all its parts the npota 4 sub
Iect of defence, thereby intimately connected with the
object ct the call, have thought that view of the
whole paper at this time would not b. u.acc o. ta
Tie
Cis "a copy ofthe answers Of the governors OF the
several states, the depart n,ent oi war on the reoui
sitons mse for parts OF the quotas of militia under tn
ut md
which passed between them and the department of
war, and the commanders &C the military districts &C.
ting uhder it, WI hin which ti,os states We're.
lsa copy of a correspondence between the cover
nor of NcwJcrsey and the department of war; relating
10 the alportmept OF the governor Of New-York to
The command ofthe military district No S; copy OF
ths correspondence IS presented, to cammunc.te To-
the committee every circumstances that has occurred
relating TO the command OF the militia i, the service
Of the United States. iw .rS
ltappesrs by these documents, thst The goverrors
ct Massachusetts, Connecticut, and Rhod, Island have
OBJECTED to the acquisitions made their yersl stats
TOR parts OF their respective quotas of mia on the
following grounds list, That the president has no
power to make requisi'ion for any poiton,o of the
fnihta TOR either Of the purposes specified by the
stituon unless the executive OF the state on whose MI
tia such call is made admits that the case alleged x-
sss, and approves the call 2d. That when the militia
oil state should he called into the service Of the Uni
tec States no officer OF The gar army had right
10 command them, or other person not an officer of
The nitia except the President Of the United States
IN person. These icing the only difficulties which
have srisen between the executive of the Unite, States
and the executives Of any Of the individual states res
tive TO TIE command OF Tie militia, known TO this de-
Partment, are it is presumed those respecting Which
The committee has asked information
by these, documents il is Glso shown that certain
PORTIONS of the militia were called out by the execu-
ives oil these states, and part of them put into the
service of the y. States These doctrines were never
theess adhered TO. l DO go into detail on these
points, deemins unnecessary, all the facts will be
found IN the documents.
Respecting, do and always have DONE the rights
OF The mdyiuastaes, and b. iievin; that the preser-
Vaton OF those rights, in their full extent according to
just construction OF de principles OF oar
Is necessary To the existence of union and Of re
government, IN these states, take deep interest in
every question which ipvo such high considerations
nave no hesitation, however, declaring it as my O.
pnon, that the construction given to the constitutions
oy the executives Oftbose states reprgnant to its
principles, and ofdsngerous tendency.
ny the constitution, congress has power TO provide
lot calling forth tue militia to the laws of the
union, suppress Instructions and repei nvasions; In
provide for organizing, aruing, and iscplinng the
militia and tor governing such part Of them as may be
employed in the service of the Uired States reserynu
to the states respectively, the appointment of the off
GERS, and the authority of training the militia according
to the discipline prescribe, by congress
he president is likewise made commander in chief
ottbe army and navy OF the Y. s. * ofthe militia o. the
several states, when called the actual service of the
u. States.
The power which is dus given to congress,
OJ the people oil the United States, to provide
tor calling forth the militia for the purposes
speched ia the constitution, 10 unconditional -
III IS a complete power, vested in the national
government, extending to all these purposes. If it
was dependent on the sssent of the executives If tn
uoVmua ststes, II might be entirely frustrated The
character of the government would uhdergo an entr
and radical change The state executives m yht den
inst the case hal occsrred, which justified the CALI an
withhold the militia the service OF the general
yernrnent.
Iwss obviously the intention ofthe trainers Of the
constitution, that these powers vested in the general
government, should be independent Of the states an
thoftieS, and adequate to the ends proposed Ter rs
more comprehensive than those which have bee used
cannot well be conceived Congress shall have power
oproviie for calling forth the militia tn execute the
laws oil the union what laws all laws which may be-
corsutu.ionslly made. Whatever laws are adopted
Tor that ptrpo-e within the Just scope of that power
winch do not violate the restraints provided in favor Of
BE great fundamental principles Of liberty are const
,utonai, aad ought to be obeyed They have right
toproyde for cl4ns forth the militia TO suppress In
surrections Tbs right Is also unqualified. extends
70 every case Of insurrecton against the legitimate su
thodty of the u States It may be said that the go-
NeTnToent my abuse its authority and force the o.
lie into insurrectnn in defence Of their rights. do
net think that this probable danger under our sys-
TEN or that it is the mode Of redress even h sch -
theirrghts ought to resort TO. The right Shch they
have 20 change their representatives in the legislative
sndexecutive branches of the government al short in
'erFais, and thereby the whole system Of measures
they Should think proper, is ample security against
The abnse and remedy for il, II Il shod occur
Congress have right TO provide fer calling forth the
militia to repel iitvasions This riyht Lv fair enu