Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1821-10-30

ample provision is made, if necessary,
for an increase OF population cor other
svfse,N such as neu consties, &c, to Greer
new or alter old brisades, regiments,
battailons, or companies. And the Cd |
section of the act amending the militia
law gives particular objections as to who |
shall make return to the adiutant ge-
neral OF such new brig ade or regiment,
which shall be made agreeable to the |
4th section OF the first militia law. And
as there is not any county in the state g in
which Nc organization of the militia has
yet taken place." the first section of the
act passed Feb. 8, 1921, amending the
militia law, is entirely useless and nuga-
tory, and cannot be carried into execution
without interfering, deranging, violating
and destroying the organization Of the
regiments, battalions, ge. formed and
established by tau, and illegally wrestling
from several worthy officers their lawful
commands, to which consider they are
not obliged and ought not to submit with
out the decision of legal court, inst;-
tuted for that purpose
The first section of the amending act
is not, only useless and nugatory, but it
is palpably unconstitutional, and there
fore void for by the Sd section OF the 5th
article of our constitution, accompany,
battalion, and regimental officers, staff
officers excepted, shall b. elected by the
persons composing theif several compa-
MES, bait. lions and Regiments !" whereas
by the first section of the last act directs
that tzuo majors shall ID elected in re-
giment, and the Clerk ofthe Court to de-
termine BY LOT which ofthe majors shall
be lieutenant-colonel, thereby putting it
in his power by management or other
wise to impose or force Upon the people
for their lieutenant-cobnel, a favorite
and one whom they have no, chosen,
agreeably to the right guaranteed to them
by the const,tution-and which act is al
SO Inconsistent with and contradictory to
the third section Of the same act, which
enacts thatto each regiment there shall
be one colonel, one lieutenant colonel,
snd one major" mot two malors,) the
words and one major are omitted in
printing the law, as may be seen in the
note OF errors on the last page Of the
volume signed Elias K. Kane, which
lieutenant-colonel the act deprives the
people from electing.
Another extraordinary feature of the |
amending militia law, is highly charac-
teristic of its authorship 9TH section of
the act directs the brigadier general to
issue his orders directing the time OF
holding the respective regimental and
battalion musters throughout his brigade
freuious to the frs, day Of March, an
nually. And let it be remembered that
this law passed the 9th day OF February
last, but was not printed and published
till the oath day Of May following, for
which see Mr.. Kane's certificate: how
could those sage Legislators expect the
brigadier general to issue orders for the
regimental and battalion musters this
year, hrcvious to the LIST Of March last,
a few days after the law passed, and
months before it was published !!
Again, suppose band of hostile In
dams, instigated by their British allies,
our implacable enemy, should invade the
northern part of this state or either OF
the neighboring states. after the first day
Of March no order could be issued for
calling the militia to muster after that
day to oppose the enemy nor to suppress
an Instruction if one should take place,
as the discretionary powers of the briga-
der general for calling out the militia is
Perhaps it may be said the
necessity of the case would justify a
general to order out the militia; the
same reason will justify General White
side for ordering the regiments in his
brigade to muster since the LIST Of March
last--for necessity obliged him to per-
form his duty prescribed by law, requir-
ing the annual musters of the regiments
in his brigade-and it was impossible for
him to comply with the acquisitions OIL
the law before il was published or had
any knowledge there was such law
and it is as probable that men and even
officers would dispute the orders in the
as the latter. / am inform
ed that officers not of inferior rank, in
order it is supposed, to court popularity
or to secure some votes at future cleo
ton for C. c., or seeking some
lucrative Office such as sheriff, &c. en-
couraged delinquents at the late inustcrs
not to pay their fines, by reason Of the
illegally Of the generals orders. so
shame where is thy blush" for such Of
licers, especially if any such had hand
in making such Inconsistent, contradic-
tory and unconstitutional law.
~ af,sisSs A MILITIA MAN