Democratic standard. [volume] (Georgetown, Brown County, Ohio) 1837-1850, 1840-08-27

istence themselves, or have counted so largely on
the gnnrancs Of hsir felow-eitizsns, as TO charge
Mr.. poinsett with an attempt to originate the
meas re, when, IN truth. he ouly transferred itto
his plan from his statute-book, where it had stood
eor forty-seven years.
But, in my opinion, the difficulties which be-
set this subject lie deeper than this. You Haye
seen that the c1mmittses Of Congress have repor-
ted against a reorganization Of the militia upon
the principle of classification, and that they have
been virtually sustained in their objections by
their respective houses. You have seen, also,
that plans embracing the same principle have
been recommended in vain for the last half ceniu-
ry by Washington, egsrson, Madison, Monroe,
and Jackson-msn who have always commanded
the respect of Congress, and whose measures sell
dom failed 10 receive its support. This may be
in part accounted for by the Just repugnance Of the
American people to a standing military force,
which unavoidably extends itself to large and pro-
trac sed encampments even Of the militia. But
the principal difficulty has undoubtedly arisen
out of the provisions of the Federal Constitution,
relating to this subject By that instrument, the
power to lrainthe militia is reserved tothe States
To reduce the number to be relied upon for active
service by classification, might easily be done, bo-
cs use the right to organize is given to Congress
by the Constitutions; but the desired efficiency
would not be secured, unless that number were
better t7ained and to that end it is requisite that
they should be kept together for longer periods of
time than is now practsed. To do this without
manifest injustice, provision must b. made for
their payment. Nor is it believed that they
would in general be properly instructed and dis
epined, unless they were all called out & received
into the service of the United States. If this
can be constitutionally done, the payments may
be made out of the national treasury. But the
Constitution authorizes the Federal Government
10 call tho militia into service in only three en-
numerated cases, viz: to execute the laws of the
onion, suppress insurrection, and rspel invasion.
Not only is the authority to assemble them for
training not granted to Congress- but il is express
ly reserved to the States. If therefore, the right
TO coll out, or to receive the militia into the SER
vice Of the Tn ted States for such purpose, be
assumed by the General Government, it can only
be under the authority 10 provide Tor discip-
lining the militia; a construction which, to say
the least oft, is extremely doubtful for the same
sentence fths Constitution which'rsserves to the
States respectively the authority of training the
militia, directs also that it should be done accor-
ding TO the dicipline prescribed by Congress, thus
excluding, as il would seem by necessary Inference,
the idea that its authors used the two terms in
the same sense.
Mr.. Polnsetl reems to have been more seusibly
impressed with this obstacle than his predecessors,
and endeavors to overcome it by placing his chief
reliance on volunteers, and where drafts are ne.
cesaary, he proposes that they should bo made by
the States themselves. But can The constitution
al objection be thus avoided? Can Congress ap-
proptiate money for objects to which their au-
thority does not sxtend?
A proposition was mado several wears since 10
meet the objection fully by amending the Consti-
tut ion and giving Congress power to provide for
training the militia conCurront'y wth the States,
and to subject them to the rules and regulations 10
which they ars by taw subjected whan in the mill
ithry service of thS United States; and to provide
for teaching in the prmarys choOls and seminaries
of learning throughout the Union, the system of
discipline prescribed for the militia. The pro-
position does not appear to have found favor eithor
with Congress or with the people.
1t is but lately that myattenton has been par-
ticularly drawn TO this subject, and, as there Is
no doubt that the great men to whom have allu.
ded contemplated an Organization of tho militia,
and provisions for its botter instruction, embra-
cling substantially the principles contained in Mr.,
Poinsott'9 plan, it becomes me, in tho face of so
much apparent authority, tohositate before pro-
nounce definitely upon It's constitutionality. |
shall, am confident, in the opinion of all candid
minds, basl perform. my duty by reiraning to do
SO, unit it becomes nee ssary 10 net OFFICIALLY in
the matter In the mean time, will content
myself with saying thn. the inclination of NV
mind is that ths desired measure cannot be safe.
ly accomplished. in tho form proposed, under tho
Federal Constitution, as it stands.
Having thus given you the best opinions that l
have been able to form Of the important subjects
to which you have called my attention, you will,
| hope, allow mo to notice briefly one or two col
lateral considerations.
Mr. Poinsett's uncontroverted account of the
origin and progress fhis plan is before you. IIo
shows that it grew out Of the request made of
hnh by the Committee on the Militia of the
House of Representatives,, at the close of tho
session before the last, in contemplation of a DOS
sible collision between this country and Great
Britain, AMI that it was matured aud drawn
forth under z call made upon him by thu House
at the last session. Some surprise has been OK
pressed, and doubts appear even to bo entertan-
cd OF the correctness Of his declaration, that the
| plan was not seen by me, or submitted to nv
! coh3deratlon, bGlol3 il was communicated TO
Congress, Those WHO take this view of tho sub
jecI, entirely overlook the fact, that such is nj
most Invariably tho case on all similar occasions
ana that IN replying TO- calls made upon them
by eiIher branch of the Legislature, the heads
Of Departments act for Congress-, and Dot for the
President; except only on occasions where his
acts are brought in question. Tho impractical.
bility Of pursunga a different course, il evan Il
wero otherwise desirable, will ba appreciated.
when it is considered how very numerous these
calls have recently been, amounting as thew have
done to Two hundred and twenty at single ses-
sion, Independently of those made on the Pres-
dent himself, and OF letters from committees, re.
qulring gleat research, aud the preparation oil
voluminous documents. Unfair as these anmnJ-
versions are thus shown to be, this has not been
even the worst aspect IN which they have been
| presented. We have been compelled to see.
not, should think, without shame aud morti6.
cction on the part fevery ingenious mind, what,
ermay be hIs political preferences, tho name,
OF respectable citizens subscribed to statements,
that lhad in my annual message expressed my
appreciation ofa plan, which rot only never had
been submitted tonne, but was not even mntured
until more than three months after tho message
was sent to Congress; aud an attempt to prove
the unioundeI assumption by the publication OF a
garbled extract from that document, with its tru,
meaning ialsihod by the suppression Of a material
part Nor was the avowed object of these extra.
ordinary proceedings less remarkable thaa the
acts themselves, being nothing less thar nm at.