Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1844-02-22


pliciilv, required legislative action by the State
1 L. gislaturcs and without which the action Of
Congress would have been incomplete and inopcr.
aiivo in lis purpose
All power exercised BY State Legislature, for
he State ms a sovereign State, is exclusively de.
rived from the State Constitution II il comes
from any other quarter, II is not power given BY
the State and in its exercise the State Legislature
is not the agent of the State, but thcagenl Of those
who gronedthc power. In the exercise of all pow
or granted to Legislature, in State Constiin
ton it is sovereign, and cannot be guided, control
| led checked, or directed by Congress unlrss
some Limitation arises from the United States Con.
stuton.
So. too, the powers granted by the United States
Constitution TO Congress where nothing is said or
clearly implied about State Legislatures, is TO be
exercised by Congress; and State Legislatures
cannot direct Congress in such action, nor can
Congress make the State Legislatures agent, either
in whole or in part, TO perform such service
Hence, it has been holden that a state cannot de-
rive power of Legislation from Congress Hence,
Congress cannot make agents Of State officers, or
create any duty which they would be forced to dis
charge as they are net nmenablc 10 congress
But when power is, BY the Consultation Of
The United Staies conferred on State Legisla-
ture, subject 10 the action Of congress, there the
State Legislature does not act as the agent and
Legislature of its State, deriving from and exercising
its power for the State under their Constitution,
but as the agent of the United states and, by The
very terms OF the grant, it becomes subec, to tho
supervision and control of Congress- and 10 which
control il should checrfully submit
Now, look through all the State Constitutions
in the Union, and from which solely the Lcgisla-
lures deHve their sovereign power, and you will
look in vain for any power 10 make any law reg
MIA tho
gress, any more than 10 appoint foreign ministers
Such power. then, they Go not possess rs tho
Legislature of a sovereign State 1t is not derived
from the State, but from the u. States Constitution,
and by that to be exercised, under the direction
and control of congress
Let us now inquire what has been the action of
the respective Governments in relation 10 this class
of cases. In the enumeration of the powers of
congress, the constitution says that congress shall
have power to provide for organizing, arm
ing and disciplining the militia and governing
such part of them as may be employed in the SER
vice of the United States, reserving to the States
rcspecvely,the appointment of officers and the au.
thorty oftraining the militia according 10 the dis
cipline prescribed by congress The militia could
not be trained and differed unless organized and
armed, and therefore the whole provision, taken
together, is in substance, that the militia is under
the control of the State, subject 10 the paramount
direction of congress, except us to its government
then only when in the United States service. In
relation TO arming the militia, congress in 1903
passed an act entitled IAN act making provision
for arming and equipping the whole body of the
militia OF the United States" The first section of
that act provides sthat the annual sum OF two hun
dred thousand dollars be, and hereby is, appropri-
ated for the purpose Of providing arms and mill
lary equipments for the whole body of the militia
Of the United States either by purchase or manu.
facture, by and on account ofthe United States"-
Thus far no provision existed by which a single
musket would ever reach the militia and did
congress by law, provide any method by which
his could be done without the aid ofSlate legislation
Or any law of their which, in tselfwould effect
~ Thew might so have done by appointing agents
or, and directed mode of distribution; but they
proceeded otherwise. By the third section of that
,ct it is provided shat all the arms procured in
'irtue of this act shall be transmitted to the several
States composing this Union and the Territories
hereof to each State and Territory respectively
n proportion TO the number of the effective militia
n each State and Territory, and By each Stale
md Territory 10 be distributed TO The militia, un-
Ter such rules and regulations as shall be By law
BY THE LEGISLATURE OF EACH
state AND TERRITORY Here then was most
lear explicit and direct expressions of the will of
ongress mandatory on the States, to perfect, and
" ieglSdllOn 10 carry out Tue purpose OF congress
n relation TO a subject which the constitution had
ntrusted to the two. Was Illustrated as a nsurp-
ton, and the last section roid and the whole but
n abortion2 No, sir, the States had all, with
reat propriety, submitted and performed the duty,
nd all proceeded in harmony.
Under tins same clause of the constitution, as
the militia, on the subject of organization con-
'ress took early action. In 1892 congress pass
an act entitled Gan act more cffectually to pro-
ide for the national defence, by establishing uni
orm militia throughout the United States" Now
ir, did they proceed to lay off the United States
nto divisions, brgades, regiments, and companies
r describe any territory to compose their beats ?
Did they make law which, by its own force
Without the action of State Legislatures would
roduce an organization, as they might have done?
No. sir, they pursued an entirely different course,
nd that too, by a congress in full possession ofaIL
he Limitation Of their newly created powers In
be first two sections of that act they define what
itizens shall compose the militia, and who shalt
e the exempt how the militia shall be armed
nd enrolled. In the third section it is enacted and
commanded that within one year after the passing
this act, the militia of the respective States s4aN
e arranged INTO divisions, jrigades regiments &,
ompanafs AS THE LEGISLATURE OF EACH STATE