Lexington union. (Lexington, Miss.) 1838-18??, 1840-09-12

" OeifeVed tnAt tney WouAu IN RBueruI ne
properly instructed and disciplined, unless
i they are called out and received into the
service Of the Unted Slairs.--But the
Constitution authorizes the Federal Gov
eminent to call the Militia int0 service in
only three enumerated cases, VIZ to ere
cute The iars of the Union, suppress insnr.
rection, and repel inrdsioH. Not onl;, L
the AUTHORITY ia assemble them f.. training
mot granted 10 Congress, but il is express.
ly reserved to the States. II, therefore,
| the right to call out, or receive the Mill
tia into the service Of the United States
for such apurpose be assumed by the Gen.
eral Government, il can only he under the
authority TO provide for disciplining the
Militia a construction which, to say the
least Of II, is extremely doubtful Tor, the
same sentence Of the Constitution which
reserves 10 The Suites respectively the au-
ihorty Of training the Militia, directs al
so thai il should he done according to he
discipline prescribed by Congress thus
Excluding, as It would seem by necessary
lIHltTtllCCy VIC lutH, lldN Atoe uuitlOlo uStu
the two terms in the same sense.
Mr.. Ponseii seems 20 have heen more
sensIbly impressed with this obstacle than
nis predecessors, and eodeavors TO over.
come il by placing his chief reliance on
volunteers, and where drafts are necessa-
~, he proposes that they should be made
by the States themselves. But can The
constitutional objection De thus avoided /!
Can Congress appropriate money for Oh
jects 10 which their authority not extend?
A proposition was made sevtraail ; yes;:
since 10 meet the objection fully bv amen.
ding the Constitution aud giving Congress
power TO provide for iraing the militia
concurrently with the States, and TO sub
ject them 10 The rules and reglauons To
which they are by law subjected when in
the military service Of The U. S.; and to
provide Tor teaching in the primary schools
and seminaries Of learning throughout the
Union the system of discipline prescribed
tor the militia. This proposition does
not appear to have found favor either with
congress- or WIN the people.
ii is but lately that ny attention has
been particularly drawn to this subject
and, as there is no doubt that the great
men to whom have alluded &C Utemplated
an organization Of the militia, aud provls-
ion for its better instruction, embracing
substantially The principles contained 10
MIR. Poinsett's plan, it becomes mo in the
lace OF so much apparent authority, to-
hesitate before | pronounce definitely up,
on lis conslituiionaliy. shall, am
confident, in the opinion OF all candid
minds, best perform my duty by refraining
to DO so, until it becomes necessary 10 acl
officially in the matter. In the mean
time, viii content myself with saying,
that the inclination Of my mind s, that the
desired measure canno, be safely accom-
plished, in the form proposed, under the
Federal Constitution, as it stands.
Having thus given you the best opinions
hat have been able to form Of the impor.
ant subjects to which YOU have called my
lienlion. YOU will hope allow me 10
notice briefly one or two collateral colsld.
,rations.
MI. Poinsea's uncontroverted account
u the origin aud progress Of his plan is
'efore you. He shews, that il grew out
# request made of him by the Commit
ee on The Militia Of The House Of Repre-
'enlaIiyes, al the close oflhe session be.
ore the last, in contemplation Of a posi-
ile collision between this country and
Great Britain, and that it was maiured
md drawn forth under call made upon
him by the House at the last session
Some surprise has been expressed and
doubts appear even to be entertained ofthe
correctness Of his declaration that the
plan was not seen by me, or submitted to
my consideration, before il was cominu-
nlcated to Congress. Those who ia Ike This
view Of tho subject, entirely overlook the
TACT, that such is almost Invariably The
case on all similar occasions and thai in
replying to calls made upon them nv eth
'r branch Of the Legislature, the heads 8 !.
Departments act for Congress, and rot for
the President except only on occasions
where his acts are brought in question.
The imPrac'cabil'tv Of pursuing differ.
emf course, If even it were Otherwise de-
slrable, will be appreciated, whenil is con
sidered how very numerous these calls
have recently heen, amounting as ihoy
have done to 22O at a single session. indie.
pendenily Of those made On the President
himself, and Of letters from committees,
recurring great research, and the prepnra-
ton Of yoluminous documents. Unfair as
these anirnadyersions are thus shown to be,
This has not been even The worst aspecl
in which they have been presented. We