Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1846-12-29
SPEECH OF Mr.. LANlER,

IA. HDR
SERVICE TuE USrEp STATES
Mr.. Sedksr-l confess that IL Is with very ytea
reluctance throw myself the indulgence OF the House
for the purpose ct opposing he passage Of the bill nov
under considerations; and did believe that there W
an important constitutional principle involved sure mn
that should desire part in It's discussion
MT speaker am no man OF prefepSiOn and beg {,
assure the House. that have assumed present at
uudc, IN relation to this subject with any view or puroos
OF masking myself conspicuous, or with any
or desire Of winning distinction OF any kind eher n
enNiabie OF otherwise. Nor am | vain enough ~ sup
pose that that may adduce or indeed an,
thing that may saw, will have the effect Of changn n,
ha winch must esteem as already the foregOnc eonelu
| sion OF the House.
am also aware that do possess like many gentle
men on this Hour the power OF argument the charm
eloquence-jhe thoughts that breathe and tho words this
eurn-no fund OF aud humur with which TO entertain
and amuse the House yet hope that the importance %
the subject may nipSr interest the dseusson-
hat snail be able To make myself ntcigble the House
and receive rom its kindness and magnanmiy scandid
and patient hearing.
The proposition. Mr. Speaker, which | shall endeavor
10 maintain H. that there constitutional power any
department ct the State Government to appoint and
commission the officers which proposed by that bill
10 appoint and commission But, before proceed the
discussion OF the question: desire pu, myself right be-
tore the House and the country in relation 10 the eppos
ton which felt Tiny duly make the bill which
ed nus House few days SINCE making appropriation
SluVOO from the Treasury OF the State, tor the sub
sisience and equipment OF the Regiment troops now
raising Ia this Commonwealth service OF the United
States well that which Il is my pufpnse To- mako
TO that now under consideration. have been moved
~ Tins matter, and dare believe that the members Of this
House will credit what say by any unworthy motive of
taetious opposition TO tho Administration or with any view
OF purpose whatever ct hwartng embarrassing in
any manner N prosecuting successful issue the Mex
lean war. With those people have sympathy, except
50 Tar as u may be inspired feelings humanity 10 the
Pleadngs and prompugs ct which trust shall never he
nsensibo. Far less have been Influenced by any sent
moni OF unkndness towards the officers be appointed
aud commissioned To those patriotic men who have
come forward 10 enlist themselves the service OF their
cou Try honor them ter their patriotism and no man
iei' deeper or sncercr regret than d. that the
ample provision had not been made BY those whose
II Was Tor their subsistence and comfort did not regard
the passage OF thai bill Involving parts quesfisn-hut
one OF eoHsttu0Rsi potrs: and will here take occasion
10 say, once Tor all that am Wing upon principle and
that while wish TO the principles Of fLs party with
which associated, triumphant throughout the broad
limits OF the land because conscienuously believe that
win lneIr peaoninance and success identified the best
interests OF the country, vet that, the discharge
81 my representative Ouy, shall be able rise su-
Peuor 10 mere party cons;derajons-permittng myself
never Tor moment 20 weigh It's interests against the in
tsrcsts OF country.
Believing that had constitutional pourer TO pass
the oil 10 watch have referred tet myself called upon
oN the most sacred obligations Oi duty oppose pas
sage and stand here prepared faithfully and fear
essy to diehncr the trust which has been conf Tod to
me ~ my constituents opposing that which now en-
tho attention OF the House. unawed BY any power on
earth, and least OF all By the cnatempuous and pu
ny shafts Of party maigniiy from what quarter they
may-whahor from the lotaliaat demagogue the hust-
ing, or the mereeHsry Nicss OF bora reckless and
deg-4Cd public Journal.
The proposition then, Mr. Speaker which propo-e TO
manisn IS that We have no constitutional power appoint
and commission these officers. am well persuaded that
much OF ihc pyTpeNy Sch has grown Of this sub
Jet, has from the that ours u complicated no.
. zeal system We 1--we unde- 20 distinct governments,
STATE and tedcral-each one being paramount legi.
umaio sphcfe-neiihcT having the right 10 exercise the
powers winch cpnstlluon1y De ong the oher and gen
emen, whose mines have not been much directed legal
and constitutional inve' legations frequently lind II icnlt
separate that winch belongs Federal from that
which pertains to the State Government. Another
o. reeNy has been that We have paid perhaps much
ac on 10 mare nIss and too little 10 tho principles and
operation Of i4s The tern used IN the act OF Congress
auth rising the President raise an additional military
io'ce 81 J'u' men Tor the prosecution Of the Mexican
war, Is that o. "Noiuneers; :" and gentlemen am
persuaded without having bestowed much reflection upon
the subject, seem u regard these troops from the mere
force OF the term and tom supposed analogy with
Tue Hgh' companies IN our organzd Mlitg, having
that character themselves. But gentlemen should rec5
ec' that IS not names hut the stamps their char
aeier upon them Besides Mr. Speaker, things can
be m7.c dssImlr. Tire VoiuEfeer companies so called
m the rIg, not 10 the hilary serriee Of the conn
~ by contract, they be- required 10 perform null
fary duty IN any other WY than the militia Of the line
mai -, Hy the compulsory operation OF the law. The Nj
LTIA ot the STATE divided into ciasses and numbered
from 10 TO- by she law OF their organ zaion Such per-
cons, subject 10 military duty, will enrol themselves in
these light sometimes called "Vouutcer' companies and
sand IN tie met Iegus ton s ready 10 enter into the
military service Of the country up1n tho first emergency
are entitled to the benefit Of being called on,rc com
pa"es anu mat the only difference and he only adyan
Fge OF the least importance which they have over the Nj
LTIA NJ the line their legal and constitutional cond ton
being m other respects precisely the same. There u an
other PRACTISE m connection with the mitiry service o the
MILITIA which has, nc doubt rom the Of proper at
ienuon To as nature and charac been tie means OF cad
ing many into error 10 relation this subject Il has slmc
times hppcred Mr. Speaker that when rconisition ba,
been made upon he State, according the forms Of law
aud ct the Constitution, for its quota Of militia for the pub
lie service the number Of required being dislc:ly
set down. and the law compelling that number serve pur
u0ns OF the BODY q mean OF the ml) not standing in
class No /, have volunteered" to fill up the rcqlsion-
that b. they have said 20 their eowH ave viii 90 and Won
may stay" This Is no with the Government a.
some gentlemen seem 20 supp9sc-tre Government only
required certain nunbgrof men, which the d. of tue
militia was bound iof'iJus agreement among
the men thcmselyes, expressed admit but Implied
ond such is It's legal import and effect. They su MI
iuA and brought into the service by the operation OF law
This, then, brng me TO consider in whom the cgr-mqE
ing pofer resides and the limitations upon IT, and how
many kinds OF military forces there are which the war.
making power may employ this country, IN the exercise
Of MS constitutional prerogaiiyes. And perhaps Mr.
Speaker, may aid and facilitate ingczg auns II we
hf-t quTe into and Rain the import aud ming of
the tenn Nrul"-ior indeed there seems Ia be some
strange iaucios abroad upon this subject.
MiIilin, ihen b. the Enoyc.opcdi-u IL defined 10 be-
The citizens or inhabitants OF country. organized aud
framed 90 the eH'.ce Of arms IN lime Of peace, tor the
1To defence and be carried Of the limits Of the
country" Such the Muu or train bands %! ErgIa-d
the National Guards Of France. the Laudwehr Of the Ger
man S1tr7, an the L1nd-toom 81 the more Northern n1
lions OF Europe, and which conforms entirely 10 our own
constitution aud laws upon the subject Before proceed
iuft'rf, however, shall read, for the Information
House, such pl.saEes rom the constitution 0 tho United
States and OF t sWto have bearing upan tue questions
under consideration, and make tho application US proceed
with ue argument The 5 section ~ the lst Article Of
tic constitution oi the United declares that Congress
shall Owe power TO declare war - "fo rai,e and ru,p9yt
arDssf D provide Tor calling igrti ito WAtI 10 sterafe
ne tIrs 81 The bnion srprSss and ,tpsf
Nr1snHs' a. provide iu- Organizing arming and Gi-cpu-
ing .' Militia, nnl tor governing such part o them ns may
bs omp.'yc1 pro the service NJ tho United states rccryng
o. Gro states respectively tie aJpyinfmenfof The aN-rrs
ond .s ironing Toe NitH according 10 te discipline pre-
scfbrd uy y'ngfCs" and, BOO nn 10Th on OF the same
article, Do further dccurs that uu STATE shall without the
consent D' J.Hrn, keep troops ships war bro time nf
psace 90 onR'e u wuri unless actually Invaded or n such
Imminent dnrs.r ne will not admit oi delay In the 2nd
section ' 1c SECOND article % Is declared that The Pfesi-
dent ah.. n.unsc and by aud the advice and con-
-eni of 1a senate ha. appoint Ambassador othor public
ministers end c91sus Judges of tho Supreme Count und m
Other oihrer Dl Tho United States whose appointments ore
mot here 0'sfw'e provided Tor, and which sl Boz s,sb
sh-1 ty INV but tho C1ggr1s may Ly ag wet the an
r'l-'u OF such superior .hicsfs thsy unk pra Der u
h' Prcd o. alone, 1 the Cours of law or boo the heads AZ
Df"-r"t1a.' DO 'hr section Of thr cunsitutign off
virginia 90 BE- DECLARED that the Governor rbII To-. com
n1D.gr iu c' 90. ho ..ud and naval forces ~ tho state
and tha' nn sh1 have power Co Omh1dy Muf, when