Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1844-03-08


gress." The militia could not DO trained nnd
oticered unless organized and armed, aud there
fore the whole provision taken together Is, IN
substance, that the militia is under the control OF
the State, subject TO the paramount direction OF
Congress, except as to government ;then only
when IN the United States service. In relation TO
arn,ine the militin Congress in 1908 passed an act
entitled An act making provision for nrnIing and
eqnipping the whole body of the militia of the
United States" The first section ofthal act pro-
vides tina, tie annual sum OF two hundred thou
sand dollars he and hereby is appropriated for The
purpose OF providing arms aud military equip
ments for the whole body of tho inilitia of the
United States, either Ivy purchase or manufacture,
by md on account Of the United States" Thus
far no provision existed Wy which n single musket
would ever reach the militia and did Congress-
10y law, provide any method by which this could
be done with out the aitl of State legislation, or
any law OF their own which, in ITSELF would effect
il? They might so have done Ivy appointing a.
gents for, aud direct mode Of distribution but
they proceeded Otherwise. In tho third
lion il is provided that all the arms procured in
virtue OF this act shall be transmitted to the sever
al States composing this Union md the territories
thereof 10 each State aud Territory, respectively
in proportion to the number Of the effective mi
lila in each State and Territory, and by each State
aud Territory TO be distributed 10 The niiiia, under
such rules and regulations as shall be " tn,O pre-.
scribed BY THE LEGISLATURE OF EACH STATE
AND TERRITORY. Here then, was n most clear,
explicit, aud direct expression OF the will OF Con-
grcss mandatory on the States, TO perfect, and by
legislation 10 carry out the purpose of Congress,
in relation 10 n subject which The Constitution had
entrusted 10 the two Was this treated rs n usur-
patton, and the last section uoid, aud the whole
but an abortion? No, cir, the States had all, with
great propriety, submitted and performed their
duty, aud oil proceeded in harmony.
Under this same clause of the Constitution,
H. e -..A.o
Congress took early action. in 1872 Congress
passed act entitled I" an net more effecually to
provide for the national defence, by establishing
n uniform militia throughout the United States"
Now sir, did they proceed to lay off the United
States into divisions, brlgades, regiments COM
panies, or describe any tel rtory to compose their
beo,s? Did they make law which BY its own
force, with out the action Of State Legislatures,
would produce an organization, as they might
have done? No sir; they pursued an entirely
different course; and thet TOO, by Congress IN
full possession OF all the limitations Of their new
ly crenied powers. lu the first two sections OF
that act they define what citizens shall compose
the militia, and who shall be exempt, how the
militia shall he armed and enrolled. In the third
section it is enacted and commended "thAt, with
in one year after the passing Of the act the mil
itia Of the respective States shalt be arranged in
10 divisions, brigddeS regiments and companies, AS
THE LEGISLATURE OF EACH STATE SHALL DIRECT
and, each division, brigade, regiment and company
shall be numbered at The formation thereof" and
then going OH giving explicit directions for the
Legislature 10 follow. How can the English
language frame more clear and definite ex-
preston of mandatory language from one body
TO another, to proceed to perfect and TO carry
out its will; and that, too by legislation without
which the object would utterly fail? And how
was this treated in those vrtuous and palmy
days Of our Republic? Did the Suites, or any
A.. #.
.0niemn their direction, and treat their law as
an usurpsiion or abortion Did they talk abou,
their sovereign rights, and tell Congress to per-
form her own drudgery? No, sir, no. They
better understood the respective rights of all
and possessed at the same time the virtue of o.
bedience IL duties. No madness Of party had
then been engendered, which would have Civ.
en- couenance TO INSTRUMENTATION TO any thing
merely because that party disiked il. No, sir
all the Stale Legislatures proceeded TO net as di
rected, and all proceeded IN harmony.
| Gull attention now to another one of that class
of cases where q. power is granted TO the State
Legislature by the United States Constitution
suhect'lo Congressional control. The Conslitu-
ton provides that States shall appoint electors oil
President and Vice President in such manner
rs the Legislature shall direct" but as TO the
time Of choosing The electors aud time Of their
Ting, The Legislatures are subject TO the direction
Of Congress us the Constitution provides thai
'lhe Congress may determine the time of choos
ing the electors, on The day on which they sinai
give their votes, which day shall be The Same
throughout the United States" Now, according
10 The argument the majority Of the committee
Congress, having power over the time Of eiecting
The electors, and the time of their voting, must il
they exercise such power on either OF those times
make an entire exercise, and fix such of said re-
speclive times, on which they act with certainty
and not leave anything for the action of the State
Legislatures 10 do on that point. How did Con
gress act? In 1892 they passed an act entitled
IAN act relative TO The election OF President anc
Vice President the United States aud declaring
The officer who shall act as President in case oil
vacancy in both the Offices of President and Vice
President" In the first section of that act it i:
provided that solicitors ahal be appointed in eacl
State for the election of President and Vice Pres
dent Of the United Sinies pihin t,centy four day!
preceding the first Wednesday in December
&c. Now, could any citizen in the United States
tell, by this ac what day he wus 10 vote for
lectors? Did it contain, by its own force, power
TO act on The citizens? Most clearly not. II was
therefore, nothing more or less Than direction
to the State Legislatures to proceed and legisla,'
as 10 the day of choosing electors, and limiting
them the day beyond which they should not 60
Was this ever considered una l,horized, nope
rative, or void? No. sir, every State in the Unioi
has proceeded by its direction, and legisated &c
cordingy.
Many, very many other cases could b.
brought forward, where Congress hos expressly o
implicitly given direction 10 the States rs 10 th'
maner in which they were to exercise those pow
ers which they hold, under the Constitution, sub
ject 10 Congressional control; and in all such ca
ses the States have regarded such direction, AM
legisated accordingly. Ii is power which ha
been long exercised in this manner, and nege
disputed until the present occasion.
My habits of lille have led me 10 value Gov
eminent OF law, and the virtue of subordnaol
and obedience, as well as the value of rights
Rights can have no existence except by obedienc
10 duties have in AN humble manner, SO lonl
mnisiered at the nltar of the law, that canno
bur still hope 10 see it preserved from Dissertation
and especially in this Hall. / cannot but W
hope that this House will not give counlenanc
or encouragement to the spirit OF insubordinatior
but will require submission TO the laws as the on
ly condition on which either States or individual
can be entitled TO claim heir rights.
"The Gold Spoon SPEECH" The locos someiim
,;,o. sDread n story which WAS lint Mr. OIL