Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-05-14
RICHMOND vRGINIA, WEDNESDAY, AIoRNINe Nv as sssa

OF the Committee on the arrangement ofthe
correspondence in the Secretary's commu-
nicatIon, [ shall now proceed to the conside-
ration OF thereport, under the different heads
into which the Committee have divided the
subject.
The first proposition which the Commit
tee presents, is, whether the Governor OF
Tennessee had the power to order out de-
tachments of militia for q six months tour
OF service. This is question of very easy
solution. 1t is one which must wholly de-
pend upon the then existing laws Ingenui
ty may sophisticaie, and obscure the subject.
but lega! knowledge and plain common sense
WA find no difiicultyin determining it correct
ny. by the muster rolls Of the detachment.
II appears, that these men entered the ser
wee On the Goth day Of June 1914. The
law OF that period is well known. On the
28th Feb, 1875, Congress passed ian act to
provide Tor calling forth the militia TO exc
cute the laws of the Union,'' &c. The 4th
section OF this act provides as follows: and
that no officer, non-comnissioned officer, or
prvu.e OF the militia, shall he compcIIed To-
serve more than three months after his arri-
val at the place Of rendezvous, in any one
year" ihs Is the permanent law upon the
Subject Oh militia drafts; see law Of The L. :.
Vol. 2, pa. 40. To this act an amendment
was passed On the 18th of April, 1911, to
continue III force during the war with Great
britain; the 9Th section OF which alnendato-
ny act Is referred TO Dy the Committee, and
may be found IN vol. 4, pa. 702, Of the laws
OF the u. States. The part OF tits uct which
relates to the case Of the SIX nilitafnen, is
III these words: ''that the militia. phen called
into The service of the q. States, by virtue OF
the before reclted act. NAV, It, IL tho opinion
OF the President Of the u. States. tl.c pub,
lie good require it, be con- PEELED t. serve, for
a term not exceeding six months. after t',eir
arrival at the place of rendezvous, in any enc
year" These extracts from the laws Of the
u. States, constitute all that govern this
case. Were disposed 70 initiate the Com
mittee IN contending that this case ought to
rest upon any l will not say far fetched, but
will say nice construction, | would CON
tend that to give fair operation to the
8th section OF the 18th Of A.. on.
the ORDERS Of tue President, for the
extension OF the term of service. must
nave been issued, at tho time the militia. on
which they were intended to operate. had
en,o.cS .:.e scryice Of the L. States. The
language of the Statute IS, ''the militia, ,cAeu
called into the service OF the u. States. -
The militia 1rhen; that is, al the tine they are
called into the service. Had ii been the ip-
tcntIon OF Congress 10 vest the President with
power to determine, in anticipation, that the
drafts thereafter to be made, were required
by the public interest to be for Sis months, a
different language would have been used -
They would not have said, in the language
OF the act, >'the militia zchen called into the
service &c: but the lnili.a 10 Be called into
the service, sc. The obvious intention of
ycsting this discretion in the President, was
10 provide for contingencies, which could not
be toycseen months or years before making
the drafts. The Committee state. that SIT i;
a circumstance Of ndisputable notorietr,
and one which belongs to the history Of the
country, that these men were mustered into
service expressly for sic months by order of
Gov. Blount, dated the Goth of MAY; 1914
Without entering into the enquiry as to the
truth OF the circumstance, OF lndlsputablc
notorcty," | will observe that there is vet
one circumstance which has not sufficient
y attracted the attention Of the Committee,
OF much greater importance than the great
notoriety OF the requisition Of the order for
this draft. | mean the fact, that the Prcsi-
Gent never did decide, nor express his opin-
ION that the public interest required that
these men should be continued in service for
SIX months. Without this order of the Presi-
dent, the Governor Of Tennessee possessed
no power whatever to issue such ain order,
and the attempt to retain the men in service
after the expiration OF three months from the
day on which they rendczvousod, was an as
sumption OF power in violation Of their rights
which they were not bound to submit to-
Before any one of these men could be law
fully punished for leaving the service at any
time after the expiration of three months
from the time thcy were actually mustered
INTO service, 1t was incumbent upon those
who asserted the existence Of such power, TO
show, by the only evidence admissible in the
case that it did exist That evidence is con
fined to the order Of the President alone:
nothing else can supply its place. In the
absence of this order Of the President. the
Committee, in speaking thus omphatically OF
the ''notorjet3," Of tho order of Gov. Blount,
do nothing more than prove how little re-
gard was Poidto legitimate authoritythrougl-
out this whole transaction; and how feeble