The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-07-07

one Of the three specified purposes execute The iaus
q NE Union 81 snppressing insuyrectons and 10 repel
provide for governing them but then they can govern
such part OF them only may be employed in he SER
rice qm United STATES in the discharge Of some one
or more OF these three specified duties
| he only clauses Of the Constitution which grant
power to any department of the Federal Government
over the militia OF the States, the following:
| Clause 49, section g. and LIST article" Congress
shaii nave power to provide for calling forth the mill
ua 10 ereeute the iars Of The Union suppress insrree-
| ttons, and repel inrasions"
Clause To-" TO provide for organizing, armng,
and disciphning the militia, and for governing such
part OF them as may be employed in the service of the
United States, reserping 10 The States respectively he
appointment Of The e6cers, and the authority of train
ing NE militia according to the discipline prescribed by
| Congress"
| The LIST clause "a section, ID article" The Pre-
| sdent shall be commandcr- chief of the army and
| navy OF the United States, and of the militia of the
several States lcen called into The actual serriee Of he
| United States"
Under the Constitution, then, Congress has no
power to call forth the militia, except for the express
purpose Of executing the laws of the Union suppress
| ing instructions, or repcllng invasions
w hat laws of the Union resisted which
renders il necessary to call forth the militia execute
them Where Is the insurrection which it IL neces-
sary for the militia to suppress and what part of our
territory shall they be marched to- to repe invasion
The laws are nowhere resisted there is insrrec-
ton; and our territory is not polluted by invading
foe None of those extraordinary contingencies ex
ist on the of which alone The ertraordi-
nary and high power is granted by the people 10 Con
gress 10 call forth The militia and to call them forth
when those contingencies provided for in the Consti-
tuition do not exist is not only nraction of that
Constitution, but an Infringement on the rights of the
| people, 10 which they will not tamely submit
| But it may be contended by the Secretary of War
and the President, that there is neither nsurrec-
ton, INVASION, nor resistance to the laws, tho plan
proposed by them is not calling forth the militia as is
contemplated by the Constitution but calling forth
for the purpose of training and dsciplinng only To
this we we reply that by the ID section of the ID ar
ncle of the Constitution, II Is only when called into
The actai serrice of the United States that the Presi
dent shall be commander nchef of the militia Of the
several States and the whole plan of the Secretary
| OF War appears To have been drawn up with view
To the Presidents being the conmanderin-chef of the
militia, when so called forth And what settles this
question beyond all controversy the 18th clause of the
Secretary project provides that the President of
the United States he authorized 10 call forth and as
semblc such numbers of the active force of the militia
at such places within their respective districts and
such times, not exceeding twice, nor days in the
same year az he deem necessary and during such
period including the time when going to- and return
ing from, the place of rendezvous ey shall be deem
ed in the serrice Of The United States, and be subject
to such regulations the President may think proper
To adopt for their instruction. discipline and improve
ment in military knowledge" And the Goth clause
provides that the militia of the United States or any
portion thereof, when employed in The service Of The
Lnited States shall be subject the rules and
articles OF war the troops OF the United States
These clauses settle the question that they are when
called forth under this PLAN to be considered in The
tuat service Of the United States for to subject the
militia OF the several States to such regulations as the
President may think proper TO adopt, without sub
hitting those regulations TO Congress for their appro
val or rejection any other pretext than that he
commander n-chef, would be an absurdity which we
will not stop TO argue against. And 10 subject the
mtiamen of the several States to the rules and
articles Of the troops OF the United States
less the mitiamen in the actual service of the
United States and had fair opportunity of knowing
what were those rules and articles Of TO which
they to be subject would be cruel and tyrannca
We are, therefore inevitably led TO the conclusion
that this scheme, warmly pressed on Congress for
It's adoption is contrary to the 18th clause Of the 9Th
section and st article fthe Constitution Of the United
States because, il provides for calling forth the mill
tia Gin time of profound peace) when there pre-
text that they called forth to execute the laws of
the Union suppress Instructions or repe invasions
But, should we yield TO the President and Secretary
OF War the ground that the militia, under their plan
only TO be called into the service of the Federal
Government for he purpose Of training, that Is, for
their instruction, discipline, and improvement in mill
tary knowledge, they would have gained nothing; for
here they met by the very words of the Constu-
ton which for the wisest purposes reserves to the
States respectively, the appointment of the officers
and the authority of training The militia.
On dispassionate examination of these we'll
guarded clauses the Constitution patriot is almost
induced to believe that the wise men who framed it
We're gifted with the power of looking into tuturity
and foreseeing this scheme of the Secretary of War
had anxiousy guarded against it, and all similar pre-
fences for wrestling the militia from the States or bring
ing the citizen militia under martial law, unless the
sacrifice was demanded by stern and inexorable ne
ccssty
| Nor agree that Congress has discharged the
obligation imposed on them to provide for armng the
militia by providing that the militia shall arm them
selves The whole revenue of the United States
amounting to many millions annually, with the inn
mcnsc public domain, which we assume is held by the
Federal Government for the Of the several States
have been surrendered by the people and the respcc
tive States TO the Federal Government and with those
means, more than ample for the purpose, with Just
economy they have enjoincd the duty ofprovidng for
armnm the militia yet the Secretary of War throws
this burden from the shoulders Of the Federal Govern
mcnt (Which is well able to bear t on the militia
men themselves, thousands of whom must be crushed
beneath its weight.
| The undersigned will now proceed to examine into
the cxpcdicncy of this scheme and on this it
meets with their most decided disapprobation, both
with respect To It's operation on the Federal Govern
ment and the people II there is any one subject on
which the people Of the United States (unt very
Iatcly) were agreed unanimously in opinion it in
opposition to standing army partly owing to the
| heavy expense which it unnecessarily brought upon
them, (for they have to pay and maintain it but more
particularly account of the danger they apprc-
hcnded from it to their liberty
| The history of the downfall of every ancient
public which had passed into dcspotsm, taught them
that the creation of standing army was the means
which ambitious men had rcsortcd 10 in all ages to
turn the government of the many into the govern
ment of the few, single dcspot and the usual ar
| Gumcnt the ambitious, that the army being taken
from the body of the people could never be used
against the liberties of the people however srccious
in theory, had too often failed in practice TO risk SO
great stake as the safety of this republic on its uni
| algnr NOS In purt Iay have a
army of citizen soldiers place republican general on
the imperial throne of France and should take