Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-05-14

1914, leaving an Intervening period of eirht ,
dut-, during which no discretion as to length
OF service, could be exercised even by the !
PRESIDENT himself, the law Of 1895, which
limited the term of service to three months
being the only law remaining in force.
nc committee III their report say, that the
letter OF the Secretary of War, of the lth of
january, 1914, ''vestcd Governor Blount !
with plenary power to call out militia drafts
tor either three or SIX months, until it was
revoked either by express orders orbv peaCe'
flow will this declaration of the Committee
stand the test to which | am about TO put it?
Suppose that on the it'll day of April, 1914.
one day after the expiration of the law re-
curing, under any circumstances, a SIX
months term of service, Governor Blount had
seen proper, under this fancied ''penary
power" OF the Committee, to issue his orders
Tor Il SIX months draft is there any man who
would risk his reputation for sanity, and
contend that men might legally be shot to
death for refusing TO serve after the cxpira-
ton of three months, in obedience to such
an illegal ordcrl think not, yet, in princi-
pie, the case Is the same with that contendcd
tor by the Committee OF Military Affairs. To
contend that after the expiration of all law
except that which related 10 Il three months
tour alone, the discretionary power to require
six months was still vested in the Governor,
by virtue of an authority derived from the
President, before the passage Of any law I'M
der which the President could claim to exer-
else the power himseif;& before it could have
been known that any such power would have
been given to him, is such an unreasonable
stretch OF influence as most men would wish
to avoid; and which none would adopt. OK
ccpt driven TO the necessity of doing so, in
defence of desperate cause Such, how
ever, IN substance, is the reasoning of the
committee. Having shown, beyond all
doubt, that there was time between the
writing oil the letter of the Secretary of War
vi the | TN OF January, 1914, and the order
Tor calling out this draft of militia, when no
power existed any where to require a longer
term of service than three months, an inter
val during which this pretended ''plenarv
power had ceased to exist, had become
extinct; | should like to know by what
kind OF legal argument the Committee will
undertake. to resuscitate it; this ground is
utterly .untenablc; ii cannot be sustained: it
must be abandoned; and with it must fall
the whole edifcc Of sophisms with which it
stands connected
But alter all that has been presented on
this subject; if it be possible that a single
doubt should remain in the minds Of any one
VINO honestly wishes TO understand it, that
these men were not required by law to serve
beyond the period of three months feel y
confidence that that doubt can easily be dis
sipated. The President of the United States
az Commander-ln-Ch Chief OF the Army thereof
i fully authorized at all times to order the
discharge OF any part of the militia in the
public service. The order Of Governor
tflount OF the goth of May, 1914, calling
''-''> '''t'' .''i" ScTIlce: although it assumed
the illegal authority of Gaining IT,: into
6. I. -
~ on the condition of their not being ''soon-
~ discharged by order of the President of
she United States" a question HOW pre-
ecnts Itself of vast Importance to the issue did
the President order the discharge Of these
men; and, II he did, when was that order given
Should II turn out that such an order was
gwen by the President, it must convince C.
fofs the most sceptlcal, that the Gov of Ten
ncsssce, General Jackson and the Commit
tee OF Military Affairs, have all niscoustrled
The letter Of the Secretary of War, of the
I 18th OF January, 1914. An order by The
President for the discharge of these militia
men, must be received lis proof postive that
In his opIn,o" the public interest did not require
'hat their term of service should be extended
beyond three months. Indeed, it goes fur
fhor; II proves that their service was not re-
CURED at all; and therefore, they were emit
ceipt OF the order by the commanding Gen
cral; but as to the order itself: document No.
40, OF the present session; already referred
70, contains letter from the Secretary of
War to General jackson, it is No ,, of that
document, and is dated the oath of Nav,
1914. The following is an extract from that
i"tter;-''l # the hostile part of the Greeks is ,
really broken down: if they arc Frustrated
before us, and even begging from US the |
means subsistence: and if the friendly part
ot the nation has, in itself, any force and
friendly disposition to employ it, Tand of all
these facts there is no doubt why retain in !
service any portion of the militia The Sd
aud 39th ofthe line with the friendly Creeks
N1il be amply sufficient TO cover the nogotia-
don' and that terminated, las you think IT
may be, even these may be carried PROMPT,
p 90 New Orleans, where their services may
be NantGdn Hero We hnrn tl,n I;rn.. .