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

4
tween thIs department and the military auI
! thorities acting under it, with the executive.
OF such states, the committee will see the
grounds OF the differences which have att
tracted attention, and be enabled to Judge
! now Tar any legislative interposition may be
useful or proper.
| Inc paper contains copy Of the let.
ters OF the secretary of war to the goyern--
ors OF the several states, detailing their res.
! psctve quotas of militia under the acts of
/ congress.
| ID IS copy of report of the secretary Of
war to the military committees of the sen,
ate and house OF representatives, bearing
GATE on the 21st day of December, 1912
communicating division Of the United
States into military districts, then confer
| plated by the department of war, with the
reasons tor it; which division, with certain
modihcanons, was afterwards adopted
Inns report treats on some subjects not i'm.
mediateiy within the scope of the call of the
committee, yet treating in all its parts ON
the important subject Of defence, thereby
intimately connected with the object of the
cali, L nave thought tbat a view of the
whole paper, at this time would not be an.
acceptable.
L is copy of the answers of the governs
orS OF the several states, to the department.
OF war, on the acquisitions made for parts
OF the quotas of militia under the several
acts OF Congress. and of the correspondence
winch passed between them and the departs
nent OF war, and the commanders of the
hiiltary districts, acting under it, within
which those states were.
- IS copy of correspondence between
the governor of New Jersey and the depart
ment OF war, relating to the appointments
OF the governor of New-York, to the COM
mand OF the Military district No. 8; copy
OF tins correspondence is presented to com.
Innnicate to the committee every circum.
stance that has occurred relating to the
command of the militia in the service of the
United States. W
IL appears by these documents, that the
governors of Massachusetts, Connecticut,
ana Rhode Island, have objected to the re-
qnlSitions made on their several states for
Pa'ts OF their respective quotas o. militia,
on tue following grounds: 1st, That the
president has no power to make a requiX
sitlon for any proportion of the militia, tor
either or the purposes specified by the con-
stitution, unless the executive of the state
on whose militia such call is made admits
That the case alledged exists. and approves
the call. ID, That when the militia of a
state should be called into the service Of the
United States, no officer Of the regular ar
"AJ 'A"N f6itN u Otnep
person, not an officer of the militia, except
the President of the United States in person.
These being, the only difficulties which have
arisen between the executive of the United
States, and the executives of any of the in
dI'idual states, relative to the command OF
me militia, known to this department, are,
1t is presumed, those respecting which the
committee has asked information.
by these documents it is also shewn, that
Certain portions of the militia were called
| out by the executives of these states, and a
part,o them put into the service of the u
nlted States. These doctrines wee nes
vertheiess adhered to- do not go into q
detail on these points, deeming il unneces-
| sary, as all the facts will be found in these
| documents.
Respecting, as do and alwaysl2ave done.
the rights of the individual states, and be-
| lleyinS that the preservation Of those rights.
| IN their full extent, according TO lust con-
strrction of the principles of our CONSTITUTE
| on, is necessary to the exis' eEce of our ami
on, and of free government, in these states,
take a deep interest 10 every question
which involves such high coRsiderations.-
have no hesitation, however, in declaring
1t as my opinion, that the construction given
tothe Constitution, by the ezssStives of those
| states, is repugnaut to It's pl%fiples, and of
1 dangerous
| BY the Constitution, Congress has power
to provide for calling forth the militia to ex,
ecute the laws of the union. suppress insur-
| rections, and repel invasions; to provide for
| organizing, arming & dIsciplining the militia,
| & for governing such part of them as may be
| employed in the service of the United S. ates,
| reservins to the states respectively, the ap4
| pointment of the officers, and the authority
| of training the militia according to the disc
| cipline prescribed by congress.
The pre- ident 10 likewise made commands
| er in chief of the army and navy of the Uni
| ted States, and of the militia of the several
states, when called into the actual service
| of the United States.
| The power which is thus given TO con.
| gress, by the people of the United States,
to provide for calling forth the militia for
| the purposes specified in the constitution.
| is unconditional. 1t is a complete power,
| vested in the national government, EXTEND
| ing to ~ these purposes. IF il was depen-
dent on the assent Of the executives OF the
| individual states, il might be entirely frus-
trated. The character Of the government
would undergo an entire and radical change.
The state executives might deny that the
case had occurred, which justified the call,
and withhold the militia from the service Of
the general government.
It was obviously the intention OF The frae