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

militia to suppress instructions. This |
right is also unqualified. 1t extends to eve.
~ case of insurrection against the legiti-
mate authority OF the United States. Itmay
be said that the government may abuse its
authority, and force the people into insur
reclien, in defence of their rights. do not
think that this is a probable danger under
our system or that it is the mode of re-
dress,e EMF such abuse should be practs-
ed. which free people, jealous of their
rights, ought to resorS TO. The right which
they have to change their Representatives,
in the legislative and executive branches OF
the government, at short intervals, anil
thereby the whole system Of measures, il
they should think proper, is an ample secu-
rity against the abuse, and a remedy for i,
of it should even occur. Congress have all
so n right to provide for calling forth the
militia, to rePel tnvasions. This right, BY
fair constructor, is, in my judgement, an
exemplihcation OF the power over the mill
tia, 70 enable the government to prosecute
the war with effect, and not the limitation
of il, by stict construction, TO the special
case of descent of the enemy, on any par
ticu,ar part of our territory. War exists !;
the enemy is powerful his preparations
are extensive; we may expect his attacks
I'm many quarters. Shall we remain mac
tive spectators ofthe dangers which SUR
round us. without making the arrangements
suggested by an ordinary instructive fore
sight, for oar defence regular army
in sufficient extent may not exist. The mi.
ltia is the principal resource. Is it posi-
bic that free people would thus intentions
ally trammel q government, which they had
created for the parpose of sustaining then.
in their Just rank, and in the eeiovInent of
all their rights, as a nation against the en-
croachments OF other powers, more espe
cislly after they had experienced that re-
lance could not be placed on che states iud
vidually, and that without general govern
ment thus endowed, their best interests
would be sacrificed, and even their indie
pendence Insecure? a necessary conser
quence ofso complete and absolute rev
stlaint, on the power of the general govern.
ment over the militia, would be to force the
United States to resort to standing armie,
for all national purposes. A policy so
fraught with mischief, and so absurd. ought
not to be Imputed to free people IN this en-
lightened age 1t ought not more especial
ly tobe imputed to the good people OF these
states. Such construction Of tie consti-
tuition is, in my opinion, repugnant to their
highest interests, to the unequivocal inten-
ton of its f;amers, and to the just and OBJ
vious import of the instrument itself.
The construction given to the constitution
BY the Executive, is sanctioned by legisa.
tive authority, by tie practice of the gov
ernment, and by the assent and acquies-
cence of all the states, since the adoption Of
the constitution, to the period ofthe late ur.
happy differences, respecting which the
committee has desired to be informed. By
the law of 1896, the Presidents authorized
TO call forth the militia for the purposes
mentioned in the constitution, by direct
application 10 the militia officers, without
any communication with, or reference t., the
Executives of the individual states, and pc
nalties are prescribed for carrying the law
into effect, should resort TO them be neces
sary. X merits attention in regard TO the
question under consideration, that the pow.
er given 20 the President, to call forth the
militia, is not made dependent by this law.
on the fact of an invasion having actually
occurred |; but takes effect in case If immi
nent danger oft. In the year 1895, the
President of the United States, on the cer-
tificate Of Judge of The Supreme Court.
that an insurrection existed in the western
parts Of Pennsylvania, called out the mill
tia of several of the states, including the
militia of Pennsylvania, to suppress il, which
Call was obeyed, In this instance the as
sent of the governor of Pennsylvania to the
existence of an instruction was not asked
General Washington, who then held the
Office of chief magistrate, relied exclusive
ly en- the powers of the general government
for the purpose--Thc opinion of the same
chief magistrate, of the power of the gene
raj government over the militia, was also
made known, by another distinguished act
OF his administration. BY a report of &C.
neral Kncx, the then Secretary at War, to
Congress, thA bctrine is maintained to the
utmost extent, and exemplifcations of IL
insisted on, which prove that, from the ma
ture of our population, the militia was the
force, which, in lis judgment, ought prin-
cipally to be relied on, for all national pur,
poses.
In the Instances under consideration, BOW
ers are granted to Congress for specified
purposes, in distinct terms. A right to car
ny powers thus granted into effect, follows
of course. The government to whom they
are granted must judge If the means neces.
sary fer the purpose. subject 70 the checks
provided by tho system 1t adopts mea-
sure authorised, supervises its execution.
and sees the impediments to il 1t has
right to amend the law to carry the power
into effect. II any doubt existed on this
point, in any case, on general principles,
and see cause fer none, it cannot 10 the
present, power having been explicitly
granted to Congress by the constitution, TO
pass all necessary and proper laws, for car,