Portland gazette and Maine advertiser., 1815-01-16

NAtI At3t I'LL 1ttkt<tt4a&1t99 - &4kS& ~ .iAS-
qusnccs 10 which they lead, and Of The
inlurmountable objections TO their al
million, would traafccnd the limits Of
this Report "a few general observations,
With al exhibition Of the character OF
thefc pretenfions. and recommendation
Of ifrenuous oppolition to them, mutt
not however be omitted
Il VII not be commended that by the
Terms uisd ii the conEitutional compact,
the power Of the National Government
to call out the militia is o:hrr than pow
CT expressly limited 10 three cafes. One
of theic mulf exit as q cont4tion prece-
dent to the exeiciic of that powcr-un-
lefs the laws iaall BE- oppoicd, or an IN
furrection flllIi exif, or an invaiion lhall
be made, Congrels, and Of consequence
the Pfclident as their organ, has no more
power over the militia than over the ar
miesos a foreign nation.
But If the declaration Of the PreGdent
fhculd be admitted to be an unerring tea
Of the exilfeDce of these cafes, this i'm
portant power would depend, no upon
The truth of the fact, but upon executive
infallibility And the Limitation of the
power would consequently be nothing
more than merely nominal, as it might
always be cluded. 1t follows therefore
that the deciliou Of the Prelident in this
particular cannot be conciulive- 1t is as
much the duty of the State authorities to
watch over the rights refereed, as of the
United STATES TO exercise the powers
which are delegated
TIE r angement OF the United States into
military districts, witha small portion oil
the regular force, under an officer of high
rank OF the standing army, with power to
call for the militia, as circumstances IN his
Judgment may require ; and 10 assume the
,ommand Of them, is not warranted by the
Constitution or any law CT the United
States Ii Is not denied that Congress may
d .,egate TO the President OF the United
States the power to call forth the militia IN
he cases which are within their in isdic-
zion. Bot he has no authority to substi
ute military prefrcts throughout the u
Mon, TO use their own discretion IN such
instances. 10 station an officer OF the ar
my IN military district without troops
corresponding 10 his ranR, Cor the purpose
oftskinr command cf the militia that may
bA called into service, is manifest evaslan
or,hat provision OF the Constitution which
exoressly reserves to the states the appoint
rnent Of the officers of the militia, and the
Il .,G,~ not In
we'll conceived to be any other than that OF
.unerced;ag the Governor or other officers
or The militia in their right TO command.
The power OF dividing the militia of the
states into classes and obliging such classes
70 furnish BIZ contract or draft, able bodied
men. 10 serve for one or more years Tor the
offence of The frontier, is not delegated to
Congress. If claim TO draft the militia
for one year for such general o5J-ct be
admissible, no Limitation can be assigned TO
Il. bnt the discretion ofthose who make the
law. Thus with power IN Congress to
authorisc such draft or conscrip ion, and
IN the Executive to decide conclusiyely up
ON the existence end continuance OF the
emergency. the whole militia may be con.
ycrtcd into standing army disposable at
the viii Of The President q the United
States
The power OF compcaing the militia and
other citizens of the United States by a
f3rcibl. draft Or CONSUMPTION to serve IN the
regular armies as proposedi 10 late official
Letter Of the Secretary Of War, is not dele.
gated 10 Congress by the Constitution, and
the exercise of it would be not less dan
yerous to thsir liberties, than hostile 10 the
sovereignty OF the States. The effort TO
erduce his power from the right Of raising
armies, is fragrant atiemptto pcfvert the
sense ofthe clause in the Constitution which
confers tia: right, and is incompatible with
other provisions in that instrument. The
armies of The United States have always
been raised BY contract, never by conscrip
ton. and nothing more can be wanting TO a
Government possessing the power thus
clsimed to enable il to usurp the entire
con,roul of the militia, in derogation OF the
authority of the State, and to convert II by
.impressment into standing army
1t may BE here remarked, as "a circum-
stance illustrative Of the determination OF
the Executive TO establish an absolute con-
trout over al descriptions Of citizens, that
the rightof mpressing seamen into the
naval service is expressly asserted by the
secretary Of the Navy ina late report.
Tins practice which in foreign govern