The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-09-02

.
orders can he carried into eifecR No such mpotent
system OF defence has been prescribed by our laws;
no such ridiculous practice has prevailed in their adj
mnslration.
The time was, when the editors of the National
lnielligencer were Nth their country. That time
was during the war of 1879. To the events of that
eveniu period, to the practice of the government,
and to their own views of it, wish to recall their
estranged and wandering minds.
Let me point their attention to circular from the
Secretary of War, dated July Ith, 1914, requesting
the governors ofthe several States to organize, and
bold in readiness for immediate service corps of
81, 500 men" to meet and repel apprehended inya-
sion. OF this force, there were required from Ten
nessee, $500; from Mississippi, 500; and from
Louisiana 900. A letter, Of which the following
is an exact copy, was afterwards addressed TO
General Jackson, VIZ:
"WAR DEPARTMENT, July II, 1914.
'SR; You will receive herewith the copy of a CIR
cular letter addressed to the governors of certain
States, requiring body of militia to be organized
and equipped, aud held readiness for future SER
vice.
SIN case Of actual O, IF tnaefd inrasion Of The dis
fricf you command you iciH call for part on for he
,ehoe Of The quotas assigned 10 The States Of Tennessee
and Louisiana aad The Mississippi Territory iuhieh shall
hare been organised and equipped under the aforesaid
requisiiion
AIN performing this duty, you will be careful TO
dNOiu all unnecessary tulS, W VippuIuuh NuH
to the exigency, and 10 have inspected without de-
lay all corps entering on service; to the end that
men who, from any cause, are unfit therefor, be
promptly discharged, and that due proportion in
all cases be maintained between officers and pr-
Yates
am, sir very respectfully,
Your most obedicnt servant,
JOHN ARMSTRONG;.
Maj. Gen. JACKSON, New Orleans.
IT,,on ,b;. .r,bo,i,,, Caparol J,cleon odd rassah
the following letter TO Governor Blount, of Ten
nessee; Governor Claiborne, of Louisiana; and
Governor Holmes, of Mississippi Territory, viz;
"HEAp-auARTERs TIN MILITARY DISTRICT,
Fort Jackson, Aug. 5th, 1914.
'SiR: Information this moment received by ex-
press from Alabama Heights, bringing me letter
from Pensacola added TO the intelligence received
by Captain John Gordon, who was sent the
bearer of letter from TO the governor of Pensa-
COLA makes it necessary that all the forces allotted
for the defence Of the 7th military district should
be held in state of perfect readiness to march, at
moments warning, to any point required Dark
and heavy clouds hover The energy and
patriotism of the citizens of Tennessee, Louisiana,
and Mississippi Territory, will soon dispel them.
Our rights our liberties, and free institutions are
threatened. This noble boon, the patrimony of
our fathers must be defended with the best blood of
the country
To eec, this great end you ,cil, citoui delay, be
pleased 10 cause The reqision ofthe Secretary Of War
10 be carried into immediate erecution and The troops
organized and equipped for active serriee asreeabiy to
Instructions to you Of The 4h un,o ready to march al
moments notice.
III have the honor to be, &c,
"ANDREW JACKSON,
t'Major General Commanding.
''Ther excellencies Governors Blount, Claiborne,
and Holmes"
In another letter to the same gentlemen, dated the
Al ..rN, al. A.
Of British force at Pensacola, &c, he said:
''You will Immediately perceive the necessity of
being the alert, and taking time by the forelock.
have, therefore, to request that you cause to be
organized, equipped, and brought into The field Nth
oui any delay, the whole quota of militia of your
State agreeaby TO the requisiton of the 4ih July,
lSl4.n
BY these orders the troops were brought into the
ed and they constituted effective portion of the
force by which General Jackson was enabled TO
drive the British from Pensacola, and repel them
from New Orleans.
At every step the President executed his power by
delsgafo,-frst to the Secretary Of War; and then TO
the commanding general; yet the editors of the Ma
tional Intelligenccr would have their readers be-
eve that whenever the law requires anything to be
done by the President, he can employ no interme-
date instrumentality, but must do it in person. Gle
shall take that the laws be faithfully executed
says the constitution; but does IT follow that he
act only in person.
The weak and ridiculous ground occupied by the
editors, only shows how deeply their feelings are
committed against their oicn country! Would that a
perusa Of the letters of 1914, glowing with patriot
ism and zeal, could revive the fame which they
caused to burn more brightly in their bosoms dur
ing that eventfnl year--a flame extnguished, alas!
I would hope, by more sordid influence than
party devotion or personal hate, unworthy as they
are.
JACKSON.
N B. That may not be charged with misrepre-
senting the editors of the lntegencer, ask you
to append the following extracts from their article
viz:
"The of Congress in execution of the constitutional
power provide for calling out the militia in OF in
vason &c. is in the following terms: Whenever the Uni
ted States shall be invaded be in imminent danger Of in
yasion from foreign nation or Indian tribe shall be
lawful for the President TO call forth such number Of the
militia of the States the place
Of danger OF action as he Judge necessary TO
repc such nyaaon and TO issue his order rhat purpose
10 sueh officer officers Of the nita as he shalt think proper
"in practice, this law has always been Interpreted to
governors of stateshey being the Of
state militia
"For there cannot be serious question that the pres
dental power by the law which have cited is
incapable Of being delegated to anybody else The law
clears the practice under it natural and uniform
For jeegatng such high discretion there is no prece
dent and we see no motive The power over the militia
thus vested in the President naturally vested he
is oGcio commander inchef OF the army and navys
the occasion Of calling out the militia oininently DIS
creoaary one We need hardly explain anybody that
has any ioenble notion Of what legal principles that
the great legal rule to discretionary powers that ii is
personal trust having its motive known and special
confidence in the Judgment OF the ndiyd to whom il is
conded together with in most cases the hold OF partic
unr responsibility upon him II IL, therefore settled
axiom that real discretionary power Is, from its very
tuc incapable of delegation Much safely might the
Executive delegate his pafdonpg power thai Of s"ung
his annual message Congress that OF nominating TO
the Senate executive officers ich latter power, indeed
party associations have already strven to take ont
OF his hands"
This evenings mail brings no further news from
Mexico or Texas. The two following paragraphs,
which we take from the New Orleans Picayune Of
the goth, embrace all the military intelligence
ceived by this mail;
"According to announcement, Major General