The enquirer. [volume] (Richmond, Va.) 1804-1815, 1815-04-01

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the instr,ivn eht ITSELF
The construction given the constitution by the Ex.
eeutve sanctioned by legislative authority, By the
Practice q. the government, and 10y the and
quescenee OF all the states, since the adoption OF the
constitution, to the period of the late unhappy differ
e;lcss, secg which the rumittce has desirtl to
De .forsaed. by the law OF i796, the President is
authorized to call forth the militia. for the purposes
mentioned IN the constitution, by direct application
tothe militia officers, without any COMMUNICATION
WITH preference to the Executives al the Individual
ststes, an! penalties are prescribed Tor carrying the
as into effect should resort To them be hecesssry
IL merits attention in regard t. the question ut,er
colsi 'eion, tina, the power given 10 the President
TO IN, tn the militia, not made dependent by this
hw, the fact Of an Invasion, having actually occuy-
red, bit t'kes effect in case o. .nninet danger Of 1t.
In the year 1895, the President of the Untet Saf,s
on tie certificate Of Judge of the Superor Court,
that instruction existed in tie western parts of
Pennsyl'ana, called out the militia of several OF
the states, including the militia OF PennsylY,
nB, TO suppress Il, which call obey ea.---
In this instance the Of the governor ri Pvnnsy
vaha tothe existence OF nurrection not asked
General Washington who then held the Office of chief
magistrate relied exclusively the powers ct the gem
eai government for the purpose. The orion OF the
ssne chief magstrate OF the power n the general
government oyer the mi'i, also made known. by
another act OF his administration. by report Of Cen
Knox, the then Secretary of War to Congress this
doctrine IS maintained t. the utmost extent, and ex
emphcationa of Insisted on, which proves that from
the nature of oar pepuiaton, the militia force wss ne
force which, in his Judgment Ought principally to be
relied op, for national purposes.
In the instances under consideration, powers are
gran ID TO Congress for specified purposes, in distinct
terms a right to carry powers thus granted into
eject, follows i course. The government 10 whoa
trey are granted must Judge of the means necessary
for the pro,e subject the checks provided hv the
system u adopts measure authorised, supcrrises
IT'S execution, and sees the impe,limentso it. has
rght 20 amend the law tn carry the power into cf ct
IL anyfioitt existed this point in any case IN go
neral principles, and cause for none it eannnt in
The present. power having been explicitly granted
TO Congress ~ the constitution, to pass al necessary
a'u proper 'a~s tor carrying into execution the pow
erswhich are vested in the general government.
Equally anfornded, in my opinion, is the other OBJ
leeton, OF the Executives of the above meuoa-
ed, that when the militia of the state ara called into the
service the United States, M officer the regular
army, or other person, not militia officer EXCEPT the
frendent of the q. States in person, has right to
| command them. :.
When the militia called inid the service of tie
u States, all state authority over them ceases They
Constitute part of the national force for the time as
essentaytas do the troops of the regular army Like
the regular troops they paid by The nation Lik
them their operations directed bv the same gov.
eminent The circumstance, that the officers of the
m tia are appointed bv. and trained under the an-
thorhy OF the state Individually. (which must howe
YER be done according to the discipline prescribed by
Congress pro'luces effect the great character of
ourpotiral institutions the character anil duties
OF the mHtis, when called into the service of the U
( States.
Tia, the President, alone, has right to command
,e 'nia IN person, when called into the service OF
the y States, and that officer of the regular army
can AXE the command ia his ABSENCE construction
Inr which can see nohirgin the constitution to afford
the sihteit preteNt Is tinierred from the circum-
stance that he 'sapponted commander in chief of the
militia when called INTO the service of the United
states The same clause appoints him commanileryn
chef oil the lan pull naval forces ofte United States
| In construction 81 W he is commander in chief tho
not present. Ills presence Is ro CONTEMPLATED in e
~.
olher. What has been the practice under the eolst-
tnon commencing with the first chief magistrate &
pursuing under his successors, to the present time
has any President ever commanded in person ei,her
| the land and naval forces, ortte militia I,i net
known tst the power to do it 10 vested in him. priuci-
pay, ar the purpose of giving him the control over
the military and naval operations, being necessary
atrIone of the executive bra nc of the gnyernalent1
That although he might take the command of all TIN,
forces uneer It, no President has ever. done il That
provision for the actua, command is an object of
'egssu'e regulation, and the selection Of the per-
son 10 ~hofn committed, of Executive t;isct elton
Under the commander, all the officers of eve,y
species OF service and corps regular and militia acting
together, take rank with common consent aud perfect
harmony according TO an article of war, sanctioned BY
the cohstit on BY this article the officers of the re-
GUAR army take rank those of tae militia of the SAM
grade, without regard to the dates OF their COMMUNIST
ons and officers OF any and every grade, Of the militia
Ia rank OF all officers ofneripr grade Of the regular
army. When these troops together they consl-
ute but one national force. They governed by the
| same articles ofwar The details tor detachment.
guard, or any other service, are made from them e.
qualy They are in truth blendid together as much as
the treops OF creSuar army when setting by them
| selves only.
| The idea advanced by the honorable JUDGES If
Massachusetts, that where the regular troops and mi
iIta act together, and commanded by the Prazi-
dent, IN person, who whdraws there can he M chief
oommander ct right, Of either species of force over
the whole, but that the regulars and militia implied
may be considered as sill forces, cas souenee az
the construction for which they contend Il pushes the
doctrine At state rights further t,aa have ever known
u 10 be carrier in any other instance II ONLY in the
case OF powers who arc completely indepeadcnt of
each other, and who maitain armies and prosecute
wal, against common enemy, for objects equally dis
tlnvt and ind -penieEt that this doctrine can aDpIy
IL does not apply to the of one Independent DOW
err who takes into IFS service the troops of another for
then the command is always the dsposa ofthe pow
err making war. and employing such troops, whether
regular OF militia. How much less does il apply to
the case unieT considerations where there IS but one
power, and one government, and tie roops wh, tber
regular or militia though distinguished by shades of
character constitute but one people, sbd are, in fact
sountIymcn, friends, aTlbretiireh.
Ihe esident is in himself no bond of union in
That respect tie holds his station as commander IN
Chief OF the land and nagi forces and Of the militia
under constitution which binds together as one
people, iOT that and many other important purposes
HIS absence would Dissolve the bend Ii would not
revive disc0rdant latent claims become signal for
dlsor9aniZatiou,
The jadifnt5 seieeton Of the chief commander Ejr
any expedition mport;nstation is an object fhic
interest To The ha.ioR Success often depends on It.
lhe rsittodo t'Iisappears to tolaSe been explicitly
western IA. he PfeHdsrt by the authority given to