Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-09-06
THE PRESIDENT AND THE MILITIA.

contend with the iterdEsts, the strict consfruc-
tionists againstany and large assumption Of Elk
ecutive power and that it is now clearly and forever
Economically and State-rghtully established that
the President of the United States has just the same
broad and boundless powers of war as of peace !;
can send the regular army where, against whom,
and for what he likes; and can take and can use
the militia in any and for any object that it
pleases him. So it is /; so it shall be.
True, the Constitution provided that Congress
should have power to provide for calling forth the
militia to execute the laws of the Union, suppress
Instructions, and repel nvasions;" and that in
execution of this power, Congress has enacted
that whenever the United States shall be invaded
or be IN Imminent danger of invasion from any
foreign nation Indian tribe, it shall be lawful for
the President to call forth such number Of the mi
litia of the State or States most convenient to the
place of danger scene Of action, as he mayjudge
necessary, to repel such invasion, and to issue his
order for that purpose to such officer or officers OF
the militia as he shall think proper"
Such is the law under which arose the discussion
between us and the government paper in which it
has las will presently appear) finally overwhelmed
us. Such is the law and now let us, by way OF
amends to the majesty which we vainly and disloy-
ally attempted to limit, explain to the country the
Interpretation which the governmental organ, mo-
destly and with all self-abnegation sets upon it.
First, it appears that, since the Government con-
slders it invasion for the Mexicans to occupy any
thing that Texas has, upon paper, declared hers,
and since Texas has so declared as to all on this
side of the Rio Grande, (alias Bravo, alias del
Norte, from its mouth to its source-fherefore the
fact that Mexico does not remove all her people out
OF Santa Fe constitutes invasion - of the Uni
ted States, at least the threat Of one and autho-
rzes the Executive to call forth the militia -
This is clear, certainly; is it not,
The government paper says that if the Mexicans
send any force across the Rio Bravo it is scar be-
cause Texas claims the territory. And, at the same
time though there is Mexican population of full
forty-fve thousand, and scarcely any other within
the disputed limits, "a few scattered Texans at
few points remote from Mexican settlements it is
not war, not nvasion for the United States to send
troops and take possession. Ii is, in word wal
and invasion of the United States, if Mexico sends
troops into country pebpled by herself, and never
out of her possession; and it is moi war nor inva
sion if the United States send troops just as far as
it has at any time pleased Texas to make even an
assertion of claim, hoVAer Wanting or idle.
Next, the law provides that the President may
in such cases, call forth the militia But it will be
seen that the President" means any body whom
the President chooses to constitute. The interpre-
taton is by no means sweeping; for.l look at other
instances. The Constitution says ' The President
may, by and with the consent of the Senate, nomi-
nate and appoint ambassadors and other public
minister's" Now, the words of power being the
same, the President can clearly direct and autho-
and appoint ambassadors" as well as "call forth
the militia"
Again, the law says, he (the Presidency is to
" issue his orders for the purpose to officer or
officers of the militia" But when he issues them
to an officer of the regular army, he satisfies the
strfctest construction; for, though neither he nor
Gen. TAYLOR has the slightest legal power over a
militia corporal, until placed, in compliance with
certain legal formalities, under his command, as
"mustered into the United States SERVICE" yet
what Of that!
But mark the annihiating proofs which the Ex-
ecutive paper brings against us, and the triumphant
air with which it produces them. We were struck
with terror some days back when the Union talked
about them, and saw well what was at hand. Ac-
cordingy, the bolt has come, in the form of the
following proofs that the Executive has often dele
gated to officers of the regular army his power to
call out the militia, without issuing any previous
requisition to the State Governors.
TUESDAY NIGHT.
Eli
coup de grace to the National nteigencers new humbug
about calling out the militia aid the United States We
shall let the "circular article take turn tomorrow
UNION.
TIE ASeLeMExrcAS INrELLIeEScrR-Tbe editors q,
the National Incigcncer in their zeal TO serve fr ,
rests at the expense Of their country forget the
ton which has been put upon from the time &c he,
passage, and declare that be without preceen,, h
has constituted part of the regular practice of the Govern
They deny the legal authority Of the President 10
in military commanders the power call on Governors
of States for quotas of militia, and say For delegntnp
such high discretion, there Is precedent, and can sec
m0fiUe.
precedent The war Of 1912 abounds in prcceden,s
No otipe If by sudden invasion, the editors Mexican or
British friends 10 southwestern frontier there
more for having the spot authorized
call out sufficient force TO repc them Must they be per-
United TO march on conquerng and TO conquer, burning
and laying wase until expresses travel two or three thou
sand miles 10 the orders Of the President to the Governors
of States and those orders be carried into effect No
such impon system Of defence has been prescribed by
laws such ridiculous practice has prevailed in their adj
mnistration.
The time when the editors Of the National Intei-
gencer were oih their country That time was during tho