Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1844-03-01

But when power is, By the Constitution
of the United States, conferred OH State
Legislature, subject to the action of Con-
gress, 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 subject
to the supervision and control of Congress,
and to which control it should cheerlully
submit.
Now, look through all the State Constr
tutions in the Union, and from which solely
the Legislatures derive their sovereign pow
err, and you will look in vain for any power
to make any law regulating the appointing
: Representatives to Congress, any more than
to appoint foreign ministers. Such pow
er, then they do not possess as the Legisla-
ture of sOUcreiga State. Ii is not derived
from the State, but from the United States
Constitution, and by that to be exercised I'M
der the direction and control of Congress.
Let us now inquire, what has been the
action of the respective Governments in re-
lation to this class of cases. In the enume-
ration of the powers of Congress, the Con-
stitution says that Congress shall have the
power "to provide for organizing, arming,
and discIplining the militia, and governing
such part of them as may be employed in
the serv Of the United States, reserying
to the States, respectively, the appointment
of the officers, and the authority of training
the militia according to the discipline pre-
scribed by Congress" The militia could
H. m
ed and armed, and therefore the whole pro-
vision, taken together, is, in substance, that
the militia is under the control Of the State,
subject to the paramount direction of Con-
gress, except as to its government, then only
when in the United States service. In re-
lation to drmiRg the militia, Congress in
1908 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 pro-
vides "that the annual sum Of two hundred
thousand dollars be, and hereby is, appropri- !
ated for the purpose Of providing arms and
military equipments for the whole body of
the militia Of the United States, either by |
purchase or manufacture, by and on account
of the United States" Thus far, no pro-
'toiOu. CAtotC0 ny otNEiC WuShct
would ever reach the militia and did Con-
gress, by law, provide any method by which
this could be done without the aid of State
legislation, or any Of their own which, ia IT,
self, would effect it They nigh: so have
done by appointing agents for, and directed
a mode of distribution; but they proceeded
otherwise. BY the third section Of that act
il is provided THAT all the arms procured
in virtue Of this act shall be transmitted e
the Territories thereof, TO each State and
Territory, respectively, in proportion to the
number Of effective militia in each State
and Territory, and by each State and Ter
ritory TO be distributed TO the militia, under
rules and regulations as shaHbc BY iaic pre-
seri6ed by THE LEGISLATURE OF EACH
STATE AND TERRIToRY." Here, then, was
a most clear, explicit, and direct expression
Of the will Of Congress, mandatory Oh the
States, TO perfect, and by legislation 10 car
~ out the purpose of Congress, in relation
TO a subject which the Constitution had in
trusted TO the two. Was this treated as a
and the last section roid, and
The whole but an abortion No, sir; the
States all, with great propriety, submitted,
and performed their duty, and all proceeded
in harmony.
Under this same clause of the Constitu-
lion, as to the militia, on the subject of or
ydnization, Congress took early action In
1902 Congress passed an act entitled "An
let more effectually to provide for the ma
ional defence, by establishing a uniform
militia throughout the United Sta,es."--
Now, sir, did they proceed to lay off the )
United States into divisions, brigades, regi- ,
nents, and companies, or describe any terri
DRY to compose their beatsl Did they ,
make law which, by IFS own force, without
he action Of State Legislatures, would pro- :
luce an organization, as they might have
lone! No, sir they pursued an entirely
lifferent course, and that, too, by Con- l
,ress in full possession Of the knowledge of !
III the limitations of their newly created
towers. In the first two section Of that act .
hey define what citizens shall compose the
militia, aud who shall be the exempt, how
he militia shall be armed and enrolled. In 5
he third sections il is enacted and COM
landed "thai, within one year after the =
assing of this act, the militia of the re-
pective States shall be arranged into diuis- Z
ons, brlgades, regiments, and companies, AS .
HE LEGISLATURE OF EACH STATE SHALL
ERECT; and each division, brigade, and p
egiment, shall be numbered at the formation $
hereof" and then going on giving explicit y
irections for the Legislature to follow q
low can the English language frame a =
nore clear and deinitiye expression of man. ,
atory language from one body to a anoth- u
r, to proceed to perfect and carry out its II
I'LL and that, too, by legislation, without II
'hich the object would utterly fall And
ow was this treated in those virtuous and =,
alnu daus oc anr u onukEa III IL "