The Ohio Democrat and Dover advertiser. [volume] (Canal Dover, Ohio) 1839-1840, 1840-08-28

only be under the authority to provide
for disciplining The militia, a consuuc-
tion which tosay the least Of il, is ex-
ltremely doubtful; for, the same sentence
Of the Constitution which reserves to
the S,atestespectively The authority ol
training The militia, directs also that il
should be done according to the discip-
lInesprescribed by Congress; thus OK.
cluding as /; 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 seusibly impressed with this OBJ
stacle than his predecessors, aAd en-
deavors TO overcome 1t by placing his
chief reliance on volunteers, and where
drafts are necessary, he proposes that
they should be made by the States them-
selves. But. can the Constitutional obs
jectiOns be thus avoided Can Congress
appropriate money for objects 10 which
their authority does not extend2
A proposition was made several years
since to meet the objection fully by
amending the Constitution and giving
Congress power 10 provide for training
the militia concurrently with the States,
and to subject them to the rules and reg
ulation to which they are by law subjec-
ted when in the military service OF the
United States and to.P!ovide for teach
ing in the primary schools and semina-
rles Of learning throughout the Union
The system Of disciple prescribed for the
militia. The proposition does nn.ap-
pear to have found favor either with
Congress or with the beople.
1t is but lately that my attention has
been particularly drawn to this subject;
and, as there is no doubt that the
great men TO whom ] have alluded con-
templated an organization Of the militia,
and provisions for its better instruction,
embracing substantially the principles
complained of in Mr.. Poinsett's plan, il
becomes me, in The face of so much ap-
parent authority, TO hesitate before !
pronounce definitely upon its unconsti>
tutionaIity. 4 shall, lam confident, in
the opinion of all candid minds, best
perform my duty by reffa,ning 10 do 90.
until ii becomes necessary to act Off
cIaIy in the matter. In the mean time,
| will content myself with saying, that
the inclination OF my mind is, that the
desired measure cannot be safely ac-
complIshed, in the form proposed under
the Federal Constitution, as it stands.
Having thus given you the best opin-
ions that | have been able 10 form Of
the importan subject to which you have
called my attention, you will l hope al
low me to notice briefly one or two CO.
lateral considerations.
Mr.. Poinselt's uncontroverted ac-
count of the origin and progress Of his
plan is before you. He shows that ii
grew out Of request made Of him by
The Committee on the Militia Of the
House Of Representatives, at theciose
of the session before thes last, in con-
temptation Of a possible collision be-
tween this country and Great Britain,
and that it was ma,ured and drawn forth
under a call made upon him by the
House Of The last session. Some sur
prise has been expressed and doubts
appear even to be entertained of the
correctness of his declaration, that the
plan was not seen by me, or submitted
to my consideration, before it vas COM
munIcated to Congress. Those, who
take this view Of the subject, entirely
overlook the fact, that such is almost
invariably the case on all similar occa-
sions; and that in replying to calls made
upon thom by either branch of the Lee
gslature, the heads Of Demartments
act for Congress, and not for the Pres-
ident; excep; only on occasions where
his acts are brought in question. The
impracticabiliy Of pursuing different
course, if even it were otherwise desi-
rabIe, will !be appreciated, when it is
considered how very numerous these
calls have recently been, amount
ing as they have done to 220 at a sin
gle session, independently of those
made on the President himself, and of
letters from committees, requiring great
research, and the preparation Of volum-
inous documents. Unfair as these aLi>
madversions are thus shown 10 be, this
has, not been even the worst aspect in
which they have been presented. We
have been compelled 10 see, not should
think, without shame and modification
on The part Of every ingenious mind,
whatever may be his rpol!ica! preferen~
ces, the names of respectable citizens
subscribed 10 statements, that ! had in
my annual message expressed my ap-
probation of plan. which, not only
never had been submitted 10 me, but
was not even matured unit: more than