The enquirer. [volume] (Richmond, Va.) 1804-1815, 1815-01-18

| Under these Impressions, the Convention
| have proceeded to confer and deliberate upon
| the alarming state of public affairs. especial
| ~, as affecting the interests of the people who
have appointed them for this purpose, ana
they are naturally led to a consideration, Of
the dangers * grievances which menace in the
first place an i'm mediate or speedy pressure,
with a view of suggesting means of present
| relief IN the next place, or such as are of a
| more remote and general description, IN the
hope OF attaining future security.
Among the subjects o. complaint and APP
| predecessor, which might be comprised under
| the former ofthese propositions, the attention
OF the Convention has been occupied with the
claims and pretensions advanced, aud the
authority exercised over the militia by the
executive and Legislative departments OF the
| National Government. Also, upon the des-
titusion of the means Of defence in which the
Eastern States are left; while at the same
| time they are doomed TO heavy acquisitions OF
men and money for national objects.
The authority of the National government
over the militia is derived from those clauses
IN the Constitution which give power to Con-
gress ito provide for calling forth the militia
to execute the laws of the Union, suppress
| 'nsurrcctions and repel invasoEs" Also " 70
provide for organizing, arrning and tliscjpln
ing the militia for governing such parts of
them as may be employed in the service of
the ". .. rese,vng tp the states respective
iy the appointment Of officers, and the autho-
rity OF training the militia according to the
discipline prescribed by Congress-" Again,
1.-THE President shall be commander iii Chief
OF the army and navy of the lifted States,
and OF the militia Of the several states, when.
called into the actual service of the United
States lin these specified cases only has
the national government any power over the
militia; and 1t follows conclnsivciy that for
all general and ordinary purposes, this pow
er belongs to the states respectively, and to
them alone. 1t is not only with regret. but
with astonishment, the Convention perceive
that under color of an authority conferred
| with such plain and precise Limitations, a
| power is arrogate by the executive govern
| ment, and III some instances sanctioned by
| the two houses OF Congress, of control over
| the militia, which, if conceded will render
| nuSatory the rghtful authority of the indvi-
dual states over that class of men, and by
| placing at the disposal of the national govern
| ment the lives and services of the greaI body
OF the people, enable it at pleasure to destroy
| their liberties, and erect military dcspotism
| on the ruins
] An elaborate examination of the principles
| assumed tor the basis of these extravagant
| Pretensions, OF the consequences to which
| they lead, and OF the insurmountable chico
| tions to their admission, would transcend the
limits OF this Report. a few general obser-
vations, with an exhibition of the character
| OF these pretcnslons, and recommendation
| OF strenuous opposition to them, must not,
however, be omitted.
| 1t will not be contenied that by the terms
used IN the constitutional compact, the power
OF the national government to call out the
| militia, is other than power expressly limit
ed to three cases. One OF these must exist
| as a condition precedent to the exercise of
that power-unless the laws shall be opposed,
/ or an lnsurrection shall cxist, or an Invasion
snail be made, Congress, and of consequence
the President as their organ, has no more
| power over the militia than over the armie g
| of a foreign nation.
But if the declaration of the President
should be admitted to be an unerring test of
the existence OF these cases, this important
power would depend, not upon the truth Of
the tact, but upon executive infallibility. And
| the limitation of the power would conscquent-
~ be nothing more than merely nominal, as
1t might always be eluded. 1t follows there
fore that the decision of the President in this
particular, cannot be conclusive. 1t is a.
much the duty of the state authorities T.
watch over the rights reSerued, as of the
| u. >. to exercise the powers which are dele.
gated.
The arrangement of the u. States into mi.
\ heaiy uiotiiCts1 wilma Small portion OF the
regular force under an officer of high rank Of
the standing army, witb power to cali for thS
militia, as circumstances in his Judgment ma,
require and to assume the command O
them, is not warranted BY the Constitution q,
any law OF the Us Il is not denied thu
Congress may delegate to the President O
I the y >. the power 10 call forth the militi;
| in the cases which are within her nrisdict ii
on but he has nc authority "a substitute mi
lItary projects throughout the Union, To us,
| their own discretion IN such instances. T.,
station an officer of the army in n,ilj,ar,
district without troops corresponding to III
rank, for the purpose of taking command (,
the militia that may be called into service, i
a manifest evasion CT that provision OF tn
Constitution which expressly reserves to tn,
States the appointment of the officers Of TN
militia and the OBJECT Of detaehing such of
ficer Cannot be well conceived TO be any @
Their than that of superseding the Governo
or other officers Of tie militia in their rich
to command.
The power Of dividing the militia of the
states into classes and obliging such classes L
furnish by contract or draft, able bodied me
to serve for one OF more years for the de
fence of the frontier, is not delegated to Con
gress. If claim to draft the militia fOr on
year for such general OBJECT be admissible
no lifRitation can be assigned to it, but the dis
erection of these who make the law. Thu
with power in Congress to authorise such
draft or CONSUMPTION, and in The Exccusit
to deeide conclgsively upon the existence ant
Continuance Of tlg critt p~rcv tl,e rvhola mi