Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-06-02
So
Enn TUT E.NaHIRER.

OulU DLOde IN 7Fh1CH ne NV " co'S
as il relates u Voiuateevs en- DC computed ~u1
By The Governor.
deenlv regret The view which the Governor
has taken Of his power 10 comply with lhe fequ'-
siton made by the Secretary OF War upon 'ne
State of Virginia for :, 33l Volunteers. II Is
manifest that he has tnisconceved ms power
and The means by which only ne can comply
with The call made upon him. 1t is evident
from the tenor OF his Proclamation, that the 90
vernon claims the power 10 issue commissions 70
The officers proposed 10 command these troops
and il is equally evident that he has no such
power AS general and conclusive oeJeclion,
state, lha, the proposed volunteers are 10 DC Sc
nara,s and distinct from the militia and The or
eanizaon of the militia of The State, and lor inns
reason. are unknown 10 the laws oil Virginia,
which are The source, and the only source OF each
and all his powers. If the Governor will look
never so specifically into this subject-atnoush
The deeper he goes the more he will be convinced
he will find the total absence of all power 10 COM
mission The proposed volunteers.
propose, IN linline, TO lay The data Tor my
opinion before him, that he may at once relrace
his course, and, 10 The extent OF his power, com
ply with the requisilion made upon The Stale
Bv the 18th clause OF the Sh section O The LIST
article Of the Constitution Of the Unuei States,
Congress have power 80 prortdc tor organising
The militia, rescrring 10 the States ne Appointment
ofthc oGcersn Lei US see, now, how The ofhcels
are appointed in Virginia. BY the 9TH clause
OF article 4lh OF The Constitution OF virginia,
il is provided that militia officers oeio" llle
rank Of Brigadier General shall DC appoint
ed as may be directed by law. HOW men
does the law say they shall be appointed,
~ Inf
made for them only. BY the laws OF Virginia,
which are transcript Of those of Congress. the
militia are required TO be organized into DIVISIONS
brisades, regiments, baltalions anc companies
The general officers are elected by inc Geheral
Assembly The field officers OF The Infantry re-
giments Gil is unnecessary 10 refer TO Inc cavalry
and artlery.) are required TO be eiecteo by .he
company officers, and the company officers oy inc
non.commissioned officers, musicians and pri-
Yates of the several companies. These elections
are required to be certified TO the Governor, VINO
shall thereupon commission the person so elect
edn See sections and OF The "Act for the bet
Ter organization Of the militia" Under this ACT,
The whole infantry OF Virs mia have been actual
~ organized The law has been executed, and
The power OF the Governor remains Inert-a dead
letter until vacancies shall occur in the prescribe
ed organization, when il may be again employed
10 restore the organization required by law, ana
Tor no other purpose. Il will be noted that part
OF the prescribed organization oil the regiment oil
infantry is TO consist OF Jour volunteer cotnpa-
MES one Of cavalry and one of artillery, (scc. 46)
and Two light companies OF light infantry or rife.
men, (scc 5l); and in commissioning them, me
Govern or exercises his power only 10 complete
the organization of the regiments, TO which they
belong or may be attached; and when these com
pancS are raised, he can commission no other
volunteer company in such regiment, either as
part of its organization or for any other purpose
| his mower is then exhausted. II he have power
10 commission other volunteer companies, hope,
Tor many reasons, il will be shown, and that by
chapter and verse Of thelaw, not by circumlocuton
distractions and refined implications. TINS IS no
time for them; it is great war power The Governor
has set up for himself-a dangerous power this
a power 10 commission military force Without
the authority of law, usage or custom, 10 support
| i'll Ipresume the intention of The Governor 10 De
patriotic There is no doubt OF il-bul The pow
er he claims is one of the gravest character, and
should not be exercised unless il be warranted py
explicit authority.
The only volunteers authorized by the laws oil
| Virginia are those already mentloned-lhe TWO
light companies, company OF cavalry and one
of artlery-and these only authorized 10 COM
plele The organization of regiments. Where,
then, can the Governor find the power 10 COM
Their OF which is 10 form any part OF regiment
OF the militia? The search Tor such power IS
in vain Our laws do not give il 10 him, and Inc
act of Congress cannot He derives his powers
of all kinds from the Constitution and laws oi
Virginia, and can receive no addition TO them
from any other quarter whatever. Inc law OF
Congress which authorizes the President 10 &C
cepl the services OF volunteers neither conlefs,
nor attempts 10 confer any pOWpr on tho Cv'ei-
that act 10 issue commissions IS idle and absurd.
They areimilia, although they are volunteers,
and the power or right TO commission them IS
wisely retained 10 The States. Ii may, however,
be said, that they are mol militia. For me ar.
gumenl will admit il; but, ifthis were true, then
the President must appoint the officers, and II
proves that The Governor could not.
II NAV also be insisted, that the 5ih section OF
the act Of Congress confer. This power. Con-
sres can confer no power on the Governor OF this
State to be exercised by him as Governor; ne
is Stale, not a Federal officer and il they have
right 10 invest him with power, they have
right 10 punish him for mal(easance or misiea-
sance, and that punishment may extend 10 re-
moval from Office or imprisonment, which would
make him a mere satrap OF colony, not the Go
vernon OF sovereign Stale. The consequence
OF such a notion exposes its absurdiy. The
men are militia though not called into service in
Stale The only mode in which the act OF Con.
gress, SO far as il relates TO Volunteers, can be
complied with, | will now point out. The want
of authority on the part OF the Governor, 10 COM
mission the officers has been shown, and for This
reason The act cannot be complied with by The
State. He should communicate this fact 10 The
President, and ask him Tor requision Tor Vo-
luneers already organized into companies; The
President will doubtless make a call which can
Ia, nl;pI ,rifh nd
The honor of furnishing her quota 10 The public
defence. II is true, if the call be made IN this
form upon The State the Governor can only place
The troops in service Tor six months under Inc
present laws. But who will permit himself 10
doubt that each company and each man will in
SANITY volunteer for twelve months II such
call be made, il will then be the duty OF the Go
vernon 10 select from The field officers in commits
sion The requisite number and rank 10 command
the thee regiments.
Twill remark that in all the Regiments in
which there ale not Two light Companies, The
Governor has power 10 issue commissions Tor
one or two Companies as The case may be- 40
not know how many Regimenls may be thus de-
iective in organization; il there be thirty res'-
menis in this plight, il the Governor Will deslg-
nate them in general order and appeal 10 them
TO furnish each a Company under The law OF
Congress, it is probable in this way his Procla-
nation may be answered, but otherwise II will
mol be. II is beyond cavil, that il is The only
mode in which he is authorized to commission
/ them
| have thrown out these reflections, in order
that we NAV proceed to work in The right mode,
and 10 avoid delay. hope 10 see Virginia as
prompt now as heretofore to answer any demand
upon patriotism; but in doing this, We cannot
/ sanction any assumption Of power dangerous in
its character.
Fer The Enquirer
i WHAT WILL OLD BUCKINGHAM DO7
Young men Of Old Buckingham The crisi.
demands at your hands an expression OF your
willingness 10 cooperate with your lellow-citi-
gems ihrorohont the Stale in raising the reOisite