The pilot and transcript. [volume] (Baltimore, Md.) 1840-1841, 1840-08-12

appears vet 10 baNe lH9ubHt So
The rule by which Congress should be gov
erned, in my opinion, is to confer much au-
thority as is necessary to subordination and i'm
provement, and to adapt the regulations as far
as practicable to the character Of the force, and
the feelings and habits of our people. The diff
ferent plans are also alike in requiring the mill
tia to arm itself II is true, Mr.. Poinsett
contemplates the establishment Of Depots of
arms and ammunition at the expense of the Fed
eral Government, near the places where the mi
ltia are to muster for training; but, like all his
predecessors, he proposes to leave in force the
present law, which makes it the duty of every
enrolled citizen to be constantly provided with
arms, accoutrements and ammunition at his own
expense This law, it viii be remembered, was
passed under the administration of Gan. Wash
incton, and was re-enacted under that of Mr..
Jefferson. Regarded as an indication of the
principles Of sur Government, which confides the
protection of the liberties of the country and the
maintenance of public order, to the hands Of the
free citizens of the Republic, it was honorable to
our legislation, and stands in beautiful contrast
with the institutions of other countries by which
the people, so far from being compelled to have
arms, are denied the right to possess them, and
deprived of their use. But the utter inefciency OF
this provision of the law to induce the people toam
themselves properly has been fully demonstrated
1t is vain to expect, says Governor Cass in the
report before cited, ssthat the whole adult male
QOpuldtfOn q Ile country Cdil, UT VIII luIuiol
themselves with the articles required by law"
Wherever a military pride is excited, as is the
case with volunteer associations, TIE law Is
obeyed; but 1t cannot, it appears to me, be car
ried into execution with the mass of the militia,
without more rigorous exercise OF authority on
the part of the Government than is consistent
with the spirit of our institutions Mr. Pom
setts plan proposed to establish depots of in
the several States at the public expensive, to be
used when training, or in actual service by the
militia selected for duty, and as it was not con-
templated to muster the rest of the militia for
discipline, it will in my judgment be well worthy
of serious consideration, whether a repeal ofthe
provisi on of the law which requires the militia
to arm themselves at their own expense, leaving
it to their option to be provided not and Inc
distribution Of arms 20 the full extent that NAV
lie necessary to supply the militia when called
into active service, ought not TO constitute part
of any plan for the reorganization of the militia,
by which portion of them are to be instructed
at the expense of the rest. The inclination OF
my own mind would be decidedly in favor of
such course The light, in which the existing
law requiring all who are enrolled, 20 arm them
selves is regarded, may. be gathered from the
fact, that men of good standing and supposed in
telligenee in the country, have either been so
ignorant of its existence themselves, or have
counted so largely on the ignorance of their
fellow citizens, as to charge MIR. Poinsett with
an attempt to originate the measure, when, in
truth, he only transferred it to his plan from the
Statute-bo k, where it had stood for forty-seven
years.
But in nv opinion, the difficulties which be-
set this subject lie deeper than this You have
seen that the Committees of Congress have re-
ported against reorganization of the militia
upon the principle of classification, and hattiey
have been virtually sustained in their objections
by their respective houses. You have seen also,
- ssr.fa Isarr.
been recommended in vain for the last halt cen
tury by Washington, Jefferson, Madison, Mon
roe and Jackson: men, who have always COM
maaded the respect of Congress, and whose
measures seldom failed TO receive its support.
This may be in part accounted for by the Just
repugnance of the American people to standing
military force, which unavoidably extends itself
to large AMI protractcd encampments even OF
the militia. But the principal difficulty has I'M
doubleday arisen out of the provisions OF the
Federal Constitution, relating to this subject
By that instrument TIE power to train the mill
tia is reserved to the States. To reduce the
number to be relied upon for active service by
classification, might easily be done, because the
right to organize is given to Congress by the
Constitution; but the desired efficiency would
not be secured, unless that nuglber were better
trained and to that end it is requisite that they
should be kept together for longer periods of time
than is now practiced 10 do this without man.
ifest injustice, provision must be made for Their
puynlent. Nor is it believed, that they would
in general be properly instructed and disciplined,
unless they are called out and received into the
service of the United States. If this can be
constitutionaliy done, the payments may be
made out of the National Treasury. But the
Constitution authorizes the Federal Government
to call the Militia into service in only three
enumerated cases, viz: to erscUte the ta'cs OF
tie Union, suppress i7tSlaTectiOn, and Tepet IN
rasion Not only is the authority to assemble
them for training not granted to Congress, but
it is expressly reserved to the States. IT. there
fore, the right to call out, receive the Militia
into the service of the United States for such
purpose be assumed by the General Government,
II can only be under the authority to provide for
disciplining the Militia; construction which,
~ say the least of it, isextremely doubtful; for
the same sentence OF the Constitution which
reserves to the States respectively the authority
of training the Militia directs also thath should
be done according to the discipline prescribed by
Congress; thus exclu ling as it would seem by
necessary inference, the idea, that its authors
used the two terms in the same sense.
Mr. Poinsett seems to have been more sensi-
bly, impressed with this obstacle than his prede-
cessors, and endeavors To overcome it by placing
his chief reliance on volunteers, and where
drafts necessary, he proposes that they should
be made by the States themselves. But can the
constitutional objection be thus avoided? Can
Congress appropriate money for objectsto which
their authority does not extend?
proposition made several years since to
meet the objection fully, by amending the Con
stitution and giving Congress power to provide
for training the militia eoncurrently with tie
States, and to subject them to the rules and re-
gulations to which they are by law subjected
when in the hailitary service of the U. States
and to provide for teachingin the primary schools
and Summaries Of learning throughout the Union
the system of discipline prescribed for the mill
tia This proposition does not appear to Save
found favor either with Congress or with the
people. ~
Ii is but lately that my attention has been par
ticuiarly drawn to this subject; and, as there is
no doubt that the great men to whom have al
luded contemplated an organization of the mill
tia and provisions for its better instruction, en-
bracing Substantially the principles contained in