Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1840-07-02

THE ARMY BILL-MR. PoINsETT's
LETTER

10 lusify ms own, there ~ no allusIon
made TO the main ?oin, al issue. II is
very certain that most o: our Presidents,
IL not all. since the formation OF the
Government, have recommended some
organization Of the militia. Since tho
law Of 1872. the subject has been broush,
before Congress fIequeni;y with the view
Of altering the system Instituted BY that
law. Some more efficient arrangement
was necessary 10 answer the purposes ia
tended. But because the plan was found
defective md some particular amendments
or an entire remodelling were deemed
advisable, IL did not follow that the Con-
s;iiuiion was 90 be violated and the rights
Of the States invaded. in order that
more efficient militia system might be
established. The fact that the old plan
was defective might justify a change
but what the couatry complains OF
and feels indignant at. is that the
change proposed by this Administration
involves n most palpable outrage upon
the constitutional rights Of the States and
the personal freedom OF citizens.
Mr.. Poinsci,, 10 his letter. says
"My plan recommends the division Of the
whole territory Of the United States into military
districts; an arrangement, which will b. acknow-
lodged by every person acquainted with the sob
lcei 10 be extremely useful 10 the service IN time
OF peace, aud absolutely necessary in war"
In time ef war the arrangement is IN
quesiionably good enough. for then the
PIesiden; Is justly empowered 10 call out
militia and 10 employ them in the service
OF the country. The Constitution allows
this. and Congress Is expected 10 provide
for Il. But IN time OF peace the matter
Is altogether different. To group toge,h-
er several States and TO consolidate them
into one great province. appropriated as
the locality Of given number Of armed
legions, is a proceeding somewhat new
IN the history OF this Government, aud
not altogether IN keeping with the genius
Of our institutions.
The Secretary says further Of his plan
1T contemPla,es the previous le gisla.
ton OF the States. before its provisions
are TO be carried into eet, except in
cases where citizens may volunteer their
services"
What pre- vious legislation Of the States
is contemplated in the 18th section
We ask particular attention TO this section
for the Secretary has mos; singulsrly
neglected II 10 his explanatory letter.
az. That the Prcsiden, Of the Uniled States
be authorized TO call forth and assemble such
numbers Of The active force Of the militia at such
places IN their respective Districts. aud al such
lines, not exceeding twice nor - DAYS in the
year, rs he NAV deem necessary, and during
saeh period including the time when going 10
and returning from the rendezvous. they shall
* deemed ia the SeTsice O. The Uaned States
and be subject 10 such regulations as the Presi-
dent may think proper 10 adopt Tor their instruc.
,i"h' diSeipune, and Improvement, IA military
knowledge
There is no mention made here Of
State legislation, nor is ary contemplated.
IL IS ic TACT in this section that nc are
TO discover the very head and front Of
this offending. Here is a provision by
which the control Of the militia is 10 be
taken from the States, and put in the
hands Of the President. II Is no wonder
the people Of Virginia repudiate with in.
dignaiion, proposal so monstrous; i, Is
no wonder that the people Of the whole
country rise 10 reject such a project 40
soon as this principle in j, becomes known.
Now viii the Secretary succeed IN d.
vsTi'0g attention from this point by dwell
lng largely upon The minor details OF
his plan, for the purpose Of showing that
similar details had been Incorporated IN
previous plans! What care We for aefafL,
when the concentration Of the whole
system terminates at the seat OF the
Federal Government. and puts the guild
ms reins IN the hands Of the President;
~ the subordinate arrangements Of the
plan are made subsidiary TO such an end
Their very efficiency constitutes a cause
OF objection. Mr.. Poinsett says:
TN proposing TO subject the militia when
. called out by the President, 10 the rules ana ar
'lc'es OF war. have done no more ihan Leave
me lAv as q how stands. Such pfovistoa has
been found necessary to rnsnre proper snbo,dt-
nation in the field, by all Officers Who have eosn-
manded militia, and ~ none % Them va a..
necessity ieit and more frequently acknowledged
ihan BY General Washington and General JaeE
son"
II - not part Of our complaint that the
militia, when called out are 10 be subject
TO the rules ADD articles Of war. Bot the
power Of calling Out-who dsres confer
this upon the President IN cases moi in.
elUded within the express Limitations Of
the Constitution; The only clause ri The
Constitution which grant power 10 anv
department Of the Federal GoVernmen,
over the militia Of he States. are the fol-
loving:
Ntau,e -, secucn :, and Isl articie--ttC on-
e'e,s shaii hsve PoweF 70 provide Tor calling
ioi'hlhc militia, o. execute the lawsor The Union
soPPfe's infpuection and fepel invasioa
Clause ls--'To provide Tor Organizing. arm
ihg ahd di'eipiining The militia and fag govern.
Ing surh Part ~ fhem ~ rnay BE- rrnuiavst 4,
ne iervioe q fhe Uslfei State ,-,-sr,rg ~, 49,,
s'hit'. respectively, he appointment II he on
Gers 300 'hs Authority 81 training the mi,f-a
according 10 the discipline presented by Con-
ne - elau'e. "a ,eetion. and "a article
ihe PRECEDENT shall b. committeeman ~
ne Amy and navy 0f The United STATS. ara az
ne miilia - ne several States when called iuto
ac'usl scrTicc ~ ne United states
There are then bot three eoo,ingsneiss
20 which Congress can empower tbs
P'esiaeni 70 cell forth the rn,l,iis ,,z. h,
execute iht LAYS % tie UnioB. 10 ,uppress
insurrfchons. end 20 fspei inv,siops les
ihi' clause Be placed eide bv ,iIs v,,b
me 'esenicenih section Of Mr. Ps,nseti',
o'll' The authority Of training the mil,.
ua = expressly reseFved o. lbe state.
~ Poin9eii proposes ihat tbrv sbsu ~.