The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1840-09-04

No one appears yet to have thought So The rule
by which Congress should be governed in my
opinion, is to confer as much authority as Is ncces-
sary to subordinaton and Improvement, and to a.
dapt the regulations as far as practicable, to the
character of the force, and the feelings and habits
of ou people, The different plans are also alike
in requiring the militia to arm itself 1t is true,
Mr. Poinset contempaes the establishment of de-
pots of arms and ammunition at the expense Of the
Federal Government, near the places where the
militia to muster for training; but, like all his
predecessors, he proposes to leave in force the pres
ent law, which makes it the duty of every enrolled
citizen to be constantly provided witharns, accou-
tremcnts and ammunition, at his own expense
This law, it will be remembered, was passed un-
der the administration of Gen. Washington, and
was rc-cnaclcd under that of Mr.. Jefferson Re-
gardGd as an indication Of the principles of our
Government, which confdcs the protection OF 'he
liberties of the country and the maintenance of
public order to the hands of the free citizens of the
Republic, ii 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 incllicency Of this provision of the law
TO induce the people to arm themselves properly
has been fully demonstrated. IT is vain TO expect,
says Governor Cass in the report before cited,
g that the whole adult male population Of the coun-
try can or will, furnish, themselves with the arll-
clcs required by law" Nhcreycra military pride
is excited, as is the case with volunteer associa-
tons, The law is obeyed; but it cannot, it appears
10 me, be carried into execution with the mass OF
the militia without more rigorous exercise ct au-
horiiy on the part Of the Government than Is con-
sisenl with the spirit Of orr institutions, MrP0in-
1 4 4
the several States at the public expense to be used
when training, or in actual service by the militia
selected for duty, and as it was not contemplated
to muster the rest of the militia for discipline, it
will, in my judgment, be well worthy OF serious
consideration, whether repeal of the provision of
the law which requires the militia to arm then'-
selves at their own expense, leaving it to their OPP
ton TO be so provided or not; and the distribution
of arms to The full extent that may be necessary
TO supply the militia when called into active SER
vice, ought not TO constitute part Of any plan for
the reorganization of the militia, by which Il por-
lion of them are to be instructed ut the expense Of
the rest. The inclination Of my own mind would
be decidedly in favor of such conrsc The light
in which the existing law, requiring all who are
enrolled to arm themselves, is regarded, may be
gathered from the fact, that men of good standing
and supposed intelligence in the country, have Ell
ther been so ignorant Of its existence themselves
have counted so largely on the ignorance of their
fellow citizens, as TO charge Mr. Poinsett with an
attempt to originate the measure, whcn in truth,
be Gny wmdr qfed hid Id {" hi 5p S he Plae
But, in my opinion, the difficulties which bcSc
this subject lie deeper than this, You have seen
that the committees of Congress have report
ed gainst reorganization of the militia upon
the principle of classification, and that they
have been virtually sustained in their oblcc-
tons by their respective Houses. iou have
seen, also, that plans embracing the same princi
pie have been recommended in vain for the last
half century by Washington, Jefferson, Madison,
Monroe, and Jackson-mcn who have always
commanded the respect of Congress- and whose
measures seldom failed TO receive It's support
This may he in part accounted for by the just re-
pugnance of the American people to standing
military force, which unavoidahly extends itself TO
large and protraced encampmcnts even OF the mi
Ii,ia But the principal difficulty has undoubtedly
arisen out Of the provisions Of the Federal constl-
tuition, relating 10 this subject, by that lnsiru-
mcut, the power to train the militia is reserved ia
the States 10 reduce the number to be relied mp
on for active service BY classification, might easily
be done, because the right to organize is given To
Congress BY the Constitution hut the desired ci-
fcency would not be secured, unless the number
were better trained and to that end it is rcqu.
site that they should be kept together for longer
periods of time than is now pracllsed. 10 do Thu
without manifest injustice, provision must be mnd'
for their payment Nor Is it believed that the,
would in general be properly instructed and dlsci
plined, unless they were 50 called ont and receiv
I'd into the service of the United States. If thi
can be consiitulcnally done, the payments may b.
made out of the national Treasury. But the Con
slitulon authorizes the Federal Government Il
call the militia into service in only three enumer
nted cases, viz to execute the laws of the Union
suppress insurrcction, and repcl invasion. No
, only is the authority to assemble them for training
not granted to Congress, but it is expressly reserv
ed TO the State. IT,, therefore, the right TO ca
out or TO receive militia into the service OF the
nited States for such Il purpose, be assumed b
the general Government it can only he under III
authority to provide for discipIining the militia
= construction which, 10 say the least Of it, is ex
trcmcly doubtful; for the same sentence ofthc Con
, stitution which reserves 10 the State respectiyel
the authority Of training the militia, directs a's
that ilshould be done according to ,he discipline pre-
scribed BY Congress. thus excluding, AS it woul
seem by necessary Inference, the idea that its au
thors used the two terms in the same sense.
+, Mr. Ponset seems TO have been more sensibl
impressed with this obstacle than his predecessor,
!, and cndeayors to overcome it by placing his chit
= reliance on volunteers, and where drafts are M
ccssary, he proposes that they should be made b
: the States themselves. But can the constitutions
Objection be thus avoided Can Congress apprC
: prirte money for objects TO which their authorii
does not extend!
IS A proposition was made several years since
}, meetlhe objection fully by amending the constiir
n ton and giving Congress power 10 provide for trai
n ing the militia concurently with the States and
If subject them to the rules and regulations to whic
: they are by law subjected when in the military
n of the United States; and TO provide for teachiT
:. in the primary schools and scminaries Of lcarnir
\ throughout the Union, the system of disciplii
Ia prescribed for the militia. This proposition do
n no, appear to have found favor either with Congrc
ii or with the people.
ID II is but lately that nv attention has been pa
l. iicuarlv drawn 10 this subject and as there is
ne doubt that the great men 10 whom have alud'
ID contemplated IN organization Of the militia, al
Ir provisions for It's better instruction embracing su
or staniialy the principles sustained in Mr. Poinse,
x plan il becomes me. in the face Of so much app
p rent authority, 10 hesitate before pronounce de