The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-09-11

shown that II gave the President power 10
march the militia OF Maine TO Florida, and .'sta-
ton" them there. This potent word was pruned
away, and the power Of the President limited 10
calling them out 10 any place within their res
pectiye districts. These, and others which may
have been necessary, required the plan TO be re-
cast, the labor of which employed portion Of
the len days which elapsed between the call OF
The House and the report Of 10th March. And
tins explains the whole matter.
After discussing the question, whether the mi
lltia can "constitullonally,p be called into the
service Of the United States for strdiniag,n
and telling US, "Nor is il believed that they
would ia general be property instructed and
disciplined, unless they are called out and re-
ceived into the service Of the United States"
and instead OF giving TO the proposition the de-
clded negative which the constitution has given
il, putting us of with ''it would seem to be ne
cessary iaference'' that the power to prescribe
the discipline, does not carry the power 10 call
out the militia and receive them into the service
States for training, and finally reserying the
decision Of the question '.unt il becomes me-
cessary TO act officially in the Natter the Pre-
sident says, "Mr. Poinsett seems to have been
more sensbly impressed with this obstacle than
his predecessors, &c. A greater error is not TO
be found in the letter, nor even in the lauded re-
ports Of the committees of the two Houses, than
this assertion.
In the lIh section OF 1.-THE plan reported 10
Congress- il is proposed
.That the President of the United States
be authorized 10 call forth and assemble such
numbers of the ACTIVE force of the militia, at
such places within their respective districts, and
al such times, not exceeding twice, nor
days in the year, as he may deem necessary;
and during such period, including the time when
going TO, and returning from the place of rem
devious, they shall be deemed in the service of
he fsY fnfee nd ha m e7Icbr
lations as me President may think proper TO
adopt for their instruction, discipline, and I'M
provement in military knowledge
In this single section, two most important
provisions of the Constitution are violated
First, that which reserves to the States the
power 10 train the militia and secondly, that
which confers on Congress, not the President.
the power TO prescribe the discipline, or in the
language Of the section, the regulations for
their instruction, discipline, and improvement
in military knowledge The Secretarv's atten-
ton was called 10 the first by the chairman Of
the committee of the House and in answer to
an objection not raised by his own sensbility TO
constitutional difficulties, but by others, he pro-
poses to accomplish his purpose OF placing the
active and reserved corps under the command
of the President, by device unconstitutional,
TO wit: by procuring the assent Of the States
as if the assent OF State Legislature could en-
graft new provision on the Constitution and
trsnsler to the President power expressly
served to the States So much for the Secre-
tarys sensibility to constitutional difficulties
| We have not space TO transcribe from the plans
of Washington, Jefferson Madison, Munroe,
and Jackson, extracts TO show that neither of
them ever contemplated this violation of the
rights of the States. General Harrison, In his
report of 9th January, 1878, says: Congress
having power to provide for governing the mill
tia only when they are in the service of the
i United States, and the authority of training
/ them belonging to the State Governments, the
committee have not deemed il proper that Con-
gress shall prescribe the time to be devoted to
training, or the manner in which that object
shall be best effected II is the duty OF the State
i Legislatures TO enact the necessary laws for
that purpose. The Committee deem il a sutf-
cent exercise Of the power to provide for disci-
plining the militia, to direct the appointment Of
the necessary officers TO prescribe their duties,
and to proride a system of discipline, compre-
hendng the camp duties instruction, field exer-
cse, and field service OF the militia" SO ex-
1 cusively does he deem ssthe authority OF train
| ing" to pertain 10 the States that he thought II
necessary TO amend the constitution In order to
give 10 Congress power to train them ICON
currently" with the States-and yet the Presi-
dent says that Mr.. Poinsett evlnced greater
sensibility to constitutional difficulties than his
predecessors ~
The President says, st is but lately that my
attention has been particularly drawn TO this
subject" How far back the word '.latey" may
carry him according TO his version OF 1t, we will
not undertake to say but this we do say, that
his attention was most particularly drawn TO this
subject as far back the 9th OF December,
1887; that as early as that day he originated
and recommended the leading and unconsttu-
tional features of the plan, and both he and his
organ. the Globe, have from that day down TO
the Message of oath December last, and TO the
time of the retreat which was sounded by Mr..
! Richie, pressed it upon Congress and the ma
ton and for proof we refer TO his messages and
articles published in the Globe, which we have
commented on in our address.
| The President says; "some surprise has been
expressed, and doubts appear TO be entertained
Of the correctness Of his (the Secretary's) de-
claration that the plan not seen by me, or
submitted to my consideration before it was
communicated to Congress. Those who take
this view of the subject, entirely overlook the
fact that such is almost Invariably The case on
all similar occasions and that IN replying to
calls made upon them by either branch Of the
LEGISLATURE, The heads of departments act for
Congress and not for the President eTcept
an occasions 1rhere his acts are brought into
question:"
From the nature Of things, it is not 70 be ex-
pected that we should have it in our power 10
disprove this statement. Whether the Secreta-
ry submitted all his reports, ana II not an winch
Of them, is question which il is difficult any
save themselves to answer. The duty OF both
requires that il should be done. The President,
according to his own doctrine, has the power to
control the Secretary in all things, and as the
price of that power he is in the language OF his
predecessor, bound "to opersee" and SIS re-
sponsibie' for all his official acts = 9 the entire
action of the executive department" as the Pro-
test hath il. Now il is rule of law as well as
reason, that every public officer IS presumed to
do his duty until the contrary appears, so that