Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-01-18

'dhh OF the standing army, with power 20
call for the militia, as circumstances in his
Judgment may require and to assume the
command of them is not warranted by the
Constitution or any law of the u. States. II
is not denied that Congress may delegate TO
the President of the United States the pow
err to call forth the militia in the cases W : lin
Ter jurisdiction but he has no authority to
substitute military projects throughout the
union,to use their own discretion In such in
stances. To station m officer of the army
in military distinct without troops COR
responding to his rank, for the purpose Of
taking Command of the militia that may be
called in service, is naIifest evasion Of
that provision of the Constitution which ex-
pressly reserves to the States the appoint
ment of The officers of the militia and the
object of detaching such OFFICER cannot be
well conceived tn be any other than that of
superseding the g pVernor or other officers
OF the militia in their right toS ON naad.
The power OF dividing the militia of the
states into classes and obliginG such classes
to furnish by contrac: or draft, able bodied
men, to serve for e or more years for the
defence of the frontier, is not delegated 60
Congress. II claim to draft the militia
Tor one year for such general OBJECT be al
missibe, no Limitation can be ASST ;ned to it.
but the discretion of those who make the
law. Thus WIKI a power in Congress TO
authorize UGH draft or Consumption, and
in the Executive TO decide cOnCiuSvey up
on the existence and continuance of the
Emergency, the whole militia may be con-
verified into a standing army dlsposaole at
the will of the President of the United
States,
The power OF compelling The militia and
other ci,iavnS of the United States by for
chile draft or conscription, to serve iii the
regular armies, as proposed iii late off,
ciai letter of the Secretary of War, is not
delegated to Congress by the Constitution,
and the exercise OF it would be not less dam
gerous to their liberties than hostile 10 the
sove reisnty of the states. The effort to
dCduce this power from the right of raising
armies, Is tlagrant attempt to prevent tine
SenTe OF the clause in the constitution which
cCniers that right and is Incompatible with
other provisions in that INSTRUMENT. The
a:Dics of The United States have always
JGcn raised by contract, never by corscrip>
ton, and nothing more can Oe wanting 20
government possessing the pDwer Ihus cla
med, to enable it 20 uSurp the entire cou
troll ri the militia. in dsrogation of the au
thori.y or the state, and to convert ii by
impressacRt into s;aEdng army.
II may here be remarked 3s d circum-
stance Illustrative OF the determination Of
the Executive to establish an ab5oiuie com
troll over all descriptions Of citizens, TIA;
The right OF Expressing seamen into the ma.
val service is expressly asserted by the Se>
cre;ary OF tn navy IN a late report. thus
a practice which IN foreign government
has been regaIde'! with great a5horreuCe
by the people, finds advocates among those
who have been the loudes. to condealn it.
The law authorship the enlistment of mi,
nOrs and apprenuce5, IatO the armies of thc
United States, without the Consent of par
ents and guardians, is also repugnant to the
spirit OF tue con,titu iOn by Construction
of the power To raise armies, as applied by
our present rulers, not only persons caDa-
BILE OF contracting are liable To be impressed
into the "Tmy, but those who are under le>
gal disabilities to make Contracts are to be
invested with this Capacity, in order to en-
abe them TO anuul 1T plea.uTe conIacts
pade in their behalf by legal guardians.
ouch an interference with the municipal
la vs. and rights OF the several states, could
nevc: have been cOntemp lated by the fra
Hers OF the constitution. ltimpairs the sa-
lutary C2Gtrol and influence of the parent o.
yer ms chad, the master over his servant,
the guardian over his ward and thus de
Nltt NioSl ldill lGidllOilS ln SDClG
fy--so that by thY CONSUMPTION of the father
and the seduction of the son, the power Of
the Executive over all the elfo Ctiye male
population of The u. St It's is made CON.
plste.
Such are some of the odious features of
the novel system proposed by the ruler OF
free country. under the limited powers
derived from the const uuon What portion
oi them will be embraced in acts finally to
be passed, i. is yet impossible TO determine.
L! is however sufficiently alarming to per
ceive, that these projects emanate from the
highest authority, nor should 1t be forgotr
ten, that by the plan Of the Secretary of war,
the Classification ofthe militia embraced the
pTinCip c OF direct taxation upon the white
population Only and that, in the House OF
RepreschtatY motion 20 appurtion the
militia among the white population exclu,
siyely, which would have been in its opera
,ion direct tax, was streuulously urged and
suppo d.
In this whole series Of devices AID mca-
sureS for raising men, this Convention dis
Germ total disregard for the Constitution,
and a disposition to violate its provisions,
demanding from the individual states firm
aud decided opposition Am iron desDo.
tism can impose 40 harder servitude upon
the citizen, than to force him from his home
and his occupation, to wage offensive wars,
undertaken to crafty the pride or passions
Of hs master. The example Of France has
recently shewA that cabal of individuals