The daily union., 1846-06-26

original bill, reported from the Committee on Mill
Iary Affairs Of the House, after providing for the
organization Of the volunteer force called into the
service Of the country into brigades and divisions,
directed the President shy and with the advice and
consent OF the Senate to appoint the generals ofbrg
ade and division, and the general staff, as now au-
thOrlzed by law" After II passed the House this
proylsios was stricken out in the Senate and gave
rise to the necessity for the supplemental bi which
was approved on the 18th Of this month and which
originated In the Senate, as intended 10 com.
pete the organization of the brigades and divisions
hut which, it seems, there will be great difficulty in
executing It even il should not be found totally in
Practlcable-especluly the ID section Of It.
| The difficulty resting upon the minds Of many
gentlemen is in drawing a proper distinction be-
tween the militia and a volunteer force. The
clauses Of the constitution under which these differ
ent descriptions Of military force are called into the
service, are very different That under which the
volunteer force called into the service under the
Of the 18th May, providing for the prosecution Of
the existing war with Mexico, and under which
that act framed will be found among the enume-
rated powers Of Congress. IL is "to raise and sup
port armies"-nOt relating to the militia, but TO
some other mode Of raising them, such as has been
adopted in this instance. This distinction will be
the more apparent by reference to the very next
clause but in the constitution, which refers TO
The militia distinctly, and gives 10 Congress the
power "to provide for calling forth the militia TO
execute the laws Of the Union, suppress insurrec-
uons, and TO repel inyasions." The distinction was
clearly illustrated by the gentleman from South
Carolina, Mr. BURT,l and has been acted upon
from the earliest days Of the republic to the present
time. The whole history of the legislation OF this
government from the very first has shown a decided
distinction between a volunteer and the militia force
Of the country. Another clause Of the constitution
relating TO the militia, and which has tended lit
tie 10 confuse this sui eet Is the very next 10 that 10
| which | have Last adyaFteI Ii declares that
gress shall have power "tO provide for organizing
armng, and dlscplinlng the militia, and for gov
eTnIng such parts Of them may be employed in
the service Of the United States, reserying to the
States respectively the appointment Of the officers,
and the authority Of training the militia, according
10 the discipline prescribed by Congress" This
Ihas been construed int reservation Of the power
on the part Of the States to appoint officers TO the
volunteer force which the general government may
ask oi them TO supply IN any emergency, and con-
sequenI Prohblon TO the general government 10 ex-
erclse that power. The error consists in not
drawing proper distinction between volunteers and
mltlsi and # that is DONE the difficulty is at an
end. The militia are called or by requIsiton on the
Statesi volunteers are only invited, generally
through the executives Of the States; and if they
should not respond fayoTably to the invitation you
have no power, under laws passed authorizing vol
unteer service only, 10 resort TO drafts which may
be ne under acquisitions for militia. Under an
volunteers only, you cannot resort to drafts. The
power 10 raise volunteer force ia not found in the
clause which provides for calling forth the militia
execute the laws Of the Union =" &c. buin that which
gives Congress the power "to raise and support
armies" lt ls however, due to the patriotism OF our
people TO state that frequently, although 1t is not al
ways the case, requlstons upon the States for mill
tia are supplied by volunteer service, without the al
Tentative of resort to draft and in such they
might, and | have no doubt would, be considered
volunteer militia; and the States from which they
might be raised would have the right to appoint the
tuition But when the orYShAl invitation is only for
volunteers, under an act whi6h authorizes volunteer
service only, and where there is requsition for
militia, nor authority to resort to drafts, the in-
terpostion of State authority required 10 enforce
compliance with such invitation, think il cannot be
considered any violation of the constitution for
the general officers to receive their appointments
from the general government; and this course is
sustained by the universal practice Of the govern
ment. The second section Of the supplemental BILL
approved the 18th instant-indeed, the entire BILL as
introduced into the Senate-was Intended, as | am
Informed, 10 supply the deficiencies in the act Of the
18th May created by striking out part OF the 9Th
section Of the bill as II passed the House. Ii was
therefore made to conform TO the views of those
gentlemen in the Senate who differed with the views
Of the House in regard to that section. That sec
ton has been found wholly impractcable, so far as
some of the States concerned. II would not be
found impracticable in my State; for, although
we cannot boast of our militia organization il seems
we are in far better condition in that respect than
some of the other States. In some | understand
there Is scarcely the vestige of militia organization
left. In some the general officers hold their com
missions only for a few years, when they go out
and others are elected to supply their places 1t is
impossible that the President can know, in such
cases, whose commission will last during the twelve
months for which time the volunteers are called into
the service. Again: under the laws in force before
the act Of the 18th May, the militia could not be
called out for a longer period than three months
and by that act for no longer period than six months
Suppose the President undertakes to execute the
I'd section of the supplemental bill, and should call
out commissioned State militia officers, and send
Them into the service: you can, by the law as it
now stands compel him to serve only six
months; and if he should choose to do so from
| any cause, however important his services might
| be at such time, at the expiration Of the six
months he could quit the service, or place the rmy
in worse condition by insubordinaton, and there
would be no power to force your counts martial to
hold him TO account for it, for you cannot detan him
IN the service longer than six months. This is
scarcely supposable case-one not likely to occur
patriotism would forbid t-but it is important to the
service to have such officers as may be compelled,
both by patr iotism and by military law, to the dis
charge Of every duty.
Mr. STEPHENS inquired if there would be any
objection to their electing their officers for IL
months.
Mr. HARRISON replied that this, however de-
slrabe it might be in the present state of things,
totally mpracticable. That was the provision
as he understood it of the amendment of his friend
from Alabama [Mr YANcEr Suppose that as
proposed law is passed now, authorizing the Off
GERS volunteers themselves, when they arrive at
the camp of General Taylor, to meet together and
appoint, or elect their generals of brigade and
division: throwing out of the calculation the time
occupied in the assembling Of the troops at that
point it would require at least six weeks in COM
munIcating between this place and General Tayors
camp, before those officers would be ready with
their commissions in their possession. FIRST the
law must be sent to hem--all the troops might not
be at headquarters; indeed, they most likely would
not be; but if they were here-the election held
the result returned to the seat of government and
their commissions forwarded to the offcers-during
all which time you cannot proceed in the exc
cuon of the purposes Of the campaign for
the want of ofhcers full six weeks would elapse
before the war could be vigorously and eff
GENTLY prosecuted-a time in which some friend
had EXPRESSED his belief that the war would he and