The Arkansas banner., 1846-11-18

commander af the militia whsn called into actsal ssrsics This ls the oniy power deiegated, with gard 0 the militia, aad s selfevidens PFoPosi. ton, tha, by ac form or asrA= of legiseation ean Congress Iaterfere @ As so deprive tho aa of iis distinctive character e incorporate them into the regular asmy, as permanent arm oa the land mih5i tary force The people constitute the militia, Atd | es . large standing arsny would neither eosnpoFt with the seeias nos with ths secasliy of free in stitations every pa'ries and statesman aust admire that happy organization oi goseEnaaent ~hseh ad- miis the existence Of vast military power without danger to oar liberties cF oBx weltaFe.
 Congress have the power b raise and support armies. and this provision, n eonasctioh with those referred to- est cles riy demonstrate aPalraols dis
 inesinn be .ween the militia and regular army. which has been preserved in the whole legislation of Goa gress from the first act on she subject, approved by President Washington in ls92. down to the act ot May Isst. approved by President Polk. II wta req diiv occur Co every that tlse form of calling ihe
 militia inlo the service of th- united States cannot be mat4riaI and Il thersfore follows, that if It De ! by voluntary eRrolimenf. oF compulsory means. or by acquisition from the Ssae Executive, or the PIe- sideni himsef it IS nesc7eissSs tndtsfAtahs, fhat
 be mihtia called upon, and enter the sertIee ot te United states in that character, and that they are not regalar but emphatieasly citizen soldiers, and mainiAia that character from the hrst to the l last
 The act Of Congress, of ITa2, authorizes the Pre- sident. ia ease o saTasion, or eminent danser oi It, . or to sappEess insuFrectons to call foih such mum Der of the militia as be may dstm necessary. IL prescrhes the pay Of the militia s called forth and engaged In the service Of tha uniied States, and subecis them to the rules and articles o war appl'. cable to the regular troops bHf tAs courts msTffai far the triat of ssla are fo be composed of miiiiu l oescsrs oaIs That act declares who shall be sub
 ecf to be enrolled in the militia. who shall bc ex empt, what arms and accoutrements the officers shall provide themselves with; arianges them into | v k,ftm mfsar aal panies in such as the State Legislature may direct: declares the rules Of discipline by which the militia arc 10 be governed and makes provisions
 for snch as should b. disabled whilst ID the actual service of the United States.
 l | have referred to this law with view to prove that when the militia called into the service of the United States for tls purposes aiinded to, they are still regarded and are in truth only militia. a | mere temporarily auxiliary fcrce, Tor particular occasion and cannot become part Of the regular military establishment of the United States. Ard
 am fully warranted in asserting, that there IS no act of Congress which squints at the idea that they cease to be militia when In the public service The report of the majority ot the Committee seems to be founded upon that suppcsition-indsed, H eaa rest upon other and that 1t IS not even plausible. | is to iny mind, most clear. %
 United States, are paid out of the public treasury provided for in case of disability occurring tn the public service, and subject to the rules and ar tieles of war; but if these just and necessary pro. visions convert them into regular troops, and strip them of tie rights and privileges inedeat to citizen soldiers, in vain has power over the miata been sparingly and cautiously vested in the general Go vernmeai, and n vain have Congress as cautiously exercised that power.
 If the position, assumed in the majority report. H correct the President Of the United States is aeta ally authorized to raise standing army of .eoa men--a proposition al once monstrous and absurd Ii wifi be ccnceded that Capt FickIin is either militia officer or officer of the Unsted States re- gular army If the latter, when was he appointed and commissioned by the President, and when did he take the oath oi allegiance 10 the United States, which ia prescribed for every officer and soldier in the regular army. If he IS not the latter, he must be the iormer~a proposition so plain and seit-evi dent that cannot help feeling that Il IS almost insult to the understanding to debate 1t, and which is done from sentiments of respect foAthe Commit tee rather tdan from convictions of its necessity There is a radical and striking difference between the regular and the militia officer: the former has no citizenship, no right of suffrage. is governed by no other law than what the Committee term the n gcrs of the military code, and s of course subject at all times 10 the orders of his superior officer Having embraced arms as profession. he has no interests feefiRgs identified with tue people at large and little concern ln the civil adminis- tFaiien of the Government. The militia officer on the other hand, is not only citizen, but possesses all the rights incident citizenship, and loses any of these rights by engaging in the service otthe country when emergency demands tf- When the storm of war approaches, he goes forth from among the people and osthe peorls to render hs aid to perpetnate those institutions under which he iSes and the idea that be loses any of hs rights that they are even suspended, carries along with t 90 much of injustice and ngratitude. that must be pardoned ior disbelief, until it Is declared by higher authority than Committee of the Senate or even the Senate itself II 1t IS the sense and iag of our constitution. that the volunteer, who chceffniiy periis life and fortune in the cause of his county thereby becomes disfranchlsed. even for one moment, a respect for the spirit of the age, and the magnanimty of the people, ought to induce us to take prompt steps to ohiera,e such dis graceful and unworthy provision. But there is no provision in Il that possibly bear that eonstruc ton.
 The Committee have referred to the 2d section, of the lth article of the constitution which turns the very position they have attempted to es- tahiish. IL is there provided, that soldier. inan, or mariner in he army or navy of the United States shall be entitled 10 vote st any election wh in this State itis perfectly manifest that this
 ers to the regular army, and not to the militia whe ther in or ont Of the service of the United States
 and it is indeed additional proof that the very same distinction between the regular aftHy and militia. already alluded to, is anequsocay incorporated in ! that instrument. 1 The Committee in effect, declare tha. soldier | in the army of the United Stales, has right 10 vote in any election in this State :-admitted and what then Ale militia. who mustered into the service of the United States fos limited time. and ! particular duty. soldiers m the Uaited States army They not SO in the meaning of the con siitution. in eominOn pafiance. being always spoken of as tolunteers niitia ii contradistinc
 ton to soldiers Of the regular army Suppose the militia were called out by the Presidento suppress m insmrreeton in this Slaie and general election should intervene while iH such service will any seriously eoAtend that they could not constitution l ally exercise the nght of suffrage Would it not create amazement if they should be told, at the polls that, unknown to themselves they had become soldiers in the army, and were prohibited from ting, and really ceased to be eiiizen2 The circam- stance of the militia being employed in the service Of the United States beyond our boundary eah make no difference although the comsi,tee seem te place some stress upon it. II would, indeed, be quite ladieroas o imagine that person is militia man while in tlse State, bat oy stepping over cur boundary bseoE es soldier.
 :! The ComH..iee manifest soIicitnje. that { the people ot Lawrence should be represented on