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

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the operation Of ide the other by pOisatsy
And now, Mt Speaker. by this try these roops
tue "hcets 10 watch you propose to appoint by that
Are they In the service OF the Uni,ed States by tho opera
uon ~ law, or by voluntary conact1 In word are they
the ria ut Virginia, the troops of the United States
For upon this point the whole question turn II they
constitute any portion OF the Virginia niiifia give il
up: but II they do not, then demand that my opponents
shall surrender The argument Will any gentleman
who ahrms that these the militia OF this good old Com
monweath, be 50 good show the ORDER by which
re9uis'sioR, according the forms OF aud the Con-
suon, has been made upon the State Virginia for any
pofnon OF her MILITIA should like such docu
meni but, sir, affirm that there is no such order and
none such can be produced No portion of your militia are
required TO enter the military service of the country
It were 30, they would be compelled serve willing or
unwilling. They would be compelled servo by the
operation ot law These troops enlisted into the
vice OF the United States under an act of Congress an
proved on the l3th OF May, 1916; and which enact.
That for the purpose OF enabling the Government of b,
united States 10 prosecute the Mexican War to speedy
sne successful termination, tho President be, aud nc s
hereby, authorized to employ the MILITIA aud milf
ay ioices OF tho UGed States call for aud
e services OF any number OF roisHfesTs, exceeding
NIFTY thousand, who offer their seryces and IN, "A
ana th sections Of that act contain the proposed by
the Governmen upon which the such persons
shall be accepted Theso in the pub.
nc newspapers, and notice is given that Richmond has
oecn appointed as place OF aud that tho
vernmen will accept the services OF one regiment of men
upon the terms thus proposed the Act OF Congross-
These men come here and enrol themselves Are they in
the service by operation Of the MILITIA laws or by youn-
'afy conuacR Ii the Latter then they nia bat
regulars, To all inients and purposes But, SIR very
hem anu the militia The LIST section of the author
iseS the President employ the MILITIA these voLus
rEKR IN the prosecution OF the Mexican War; the ID
uon declares that the militia when called snail not be
retained IN service exceeding sir 0Rfhs and 4h sec
ton places the VOLUNTEERS upon the footing with s
miar corps OF the United States Army, except their
clothing ani puts them under tho rules and articles war;
ana the Sh secuon keeping the Distinction
THAT whenever tho MILITIA or VOLUNTEERS are c,ttrn ~
RECEIVED into the service of the United States under the
provisions OF this act they shall have the ORGANIZATION OF
| the United States Army" &c.
Thus, them it will be clearly and distinctly seen tina,
Congress ITSELF by the very law under which this military
force IS raised. did regard them Militia The law
does not attempt TO apporon the number wanted among
me States, and the President full liberty enlist
~ one Uor 10 nothing less than enstmenO in
'e city OF New ork any OF the States or terri
torres of tho Union, 1t he coud have found so many men viii
ing 10 ei;st or volunteer into the Besides this
Congress passed two other same session. i'm botb
Of which this distinction is kept up The act aon,ovJ
ON tho 2bih OF june 1876 "that President of tho
United States be and he is hereby authorised organize in
TO egades and divisions such OF the volunteer forces rs
have been or be called into the service the United
states under The act approved l3h Of May, 1886. entitled
anac providing for the prosecution the existing war be-
tween the United States and the Republic Mexico and
mat ne DC anu ~ hereby authorised 10 appoint, and with
the advise and consent ~ the Senate number of s
Generals and Brgade Generals the of snrb
OlIHicer forces into brates and division. m AZ rerJ
necessary, Nc. &C. Now, MIR. Speaker upon the sun
pos ton hat Congress regarded these troops Militia then
they knowingly and wuly violated the constitution for
we have already that the night appoint the tieers
OF 1f' OF all grades, belongs to the States. But farther
ousttaie tins part the subject: beg TO call the attic
pu OF the House to another Congress
Same session, and approved 18Th of June 1916 The d
section OF that law enacs THAT the President of the United
States BE- and Inc Is hereby authorized to call into the service
under the approved the 18th day of Nav ls36 .nr NJ
the general officers OF the Mil the service m bs opi
nion may require and organize b.sades and dvi
sions the forces authorized by said according To his dis
creuon ami the 81; section hl when Volunteers
or 'ha are caei into the service Of the United in
such numbers that the officer. o c COMMIT
a ana medical departments authorized by law be suf
hceni that Others shall be AppOntcd, aad declares that
ey shall be subject the rules aud aTce o war and con
unue IN service only long their services shR be- eour
ed N connection with the Militia and VuLuSTEFRs Thus
AeePng up the distinction throughout which noticed in
the act OF the 18th Of May under which these troops are
enlisted into the service between the Militia and what in
mat act - called Nounieesbut which in fact Is nothing
else man an AUXILIARY military force raised by voluntary en-
ment upon the proposed by Congress IN that ACT
Inc term vouneers stands IN the place "mcn' and #
II mad been military amateurs patriots, the effect would
have been precisely the same
have another test MIR Speaker bv which yyould like
10 try tn question. You have seen that by the copst
Hon oi e state the Governor whenever he shall think the
pubic safety requires may ebodv the MIrrA and that
BY Tue constitution OF the uuitcd States STATE when ia
Vaded, may make war. Now suppose that we were
at TINS moment invaded aud the Governor believed that the
public safety required he should emboJy the entire Mi
a io'ce OF tho State, and should order these volunteers
INTO the service Of the State and hero should come al the
same lime an order rom the War Department recnr
them forthwith to lake up the line march to Mexico
whose orders do you suppose they would obey presume
iero can he but one opinion the subject They woud
re nd 10 the orders 81" the cotary of War aud march
Oh 10 Mexico, end leave you defend the III of VIRGINIA
they
lAGINA MILITIA, but UNITED STATES TROOPS, enlisted un-
der an act OF Congress into the United States service for
and during the Mexican Sir, # these are virgnia
Militia, might ask gentlemen tell me 10 what brigade
they belong and many other questions equally pertinent
aud ~ difficult u But why detan the House
thnk have been successful IN showing that by the very
term Militia" 10 the definition OF which our con.titu.
ton and law entirely conform and by the law of Congress
under which they enlisted into the service of the Uni
tea states and the several acts TO which have referred
ey are not T. be regarded the Militia of SAFE and
not being slch, that haze no constitutional power -
appoint aud commission these oicers-the only power
which have, under the Constitution being IN onnont
the officers OF the MiiiI.
uthas been said that Congress has conferred upon II.
Ao a''Iory 10 appoint THESE oFgcEss, 10 the authors
ing '"r resident TO accept to services OF Volunteers
'' 30. ne 'ist piece mat Congress has attempted do
any such hing ana, IN next DENY thai CONGRESS IL
7el had the right 10 cpaor any such power upon U.s. Tnose
VINO assert nt gTes5 has conferred this power the
sialc refer suppose 10 the Jn section OF the act ap
proved the 18Th Of May 1916, which il in these words
And be 1t enacted, That tho said Vosntecrs 60 offering
their services, shall be accepted by the President i'm com
panes, baialons, squadons and rg mrnts whoo officers
shall be appointed ~ prescribed by law IN the
several states and territories which such companies bat
aohs sqnndons ana regiments shall respectively belong
doGy, Sir, that by fair rule Ut II this sec
ton OF ihe act aGy such power that supposed con
etTcd upon The States. You will remark tu1t the scrcp-
i1nco by the President first thing IN order and then
te appointment Of the officers is provided tor And how
s matt Why, Sir, provides that the mod. Of appoint
meni shl hc hao tho several States and Territories from
which TIE troops may come and IL intended to DO director
o. the President, and 70 furnish him with tho uIe by
winch he u be governed n king those appointments
ana does not confer any power upon the State authorities
10 make them whatever. So the Judiciary Act lis 3Ib
section, declares, that the laws of several States
cept wncn tho Constitution, uoates aud statutes NJ the
United States shall otherwise require or provide shall bc
regarded rites Of decision n lriils common law IN
Tho Courts u The United Sa,es ihey apply;
but who ever supposed that thus gayo the State Courts
The right to assume jurisdiction, aud render o judgments
such cases tlcmsIlvcsl
Bot deny that Congress- should have desired do 90
had an right tsc 20 cou'nr such power upon IN the 70
rcf ID Inc ia fpHe
ready that s c1rad that tho Pfced. n shall no.
inmate, and by and with tho advice and consent Of the
senate, shall appoint Anbnssadors D;hcr public ministers
aud consult Judge c hg Supreme Court and al other Of
hccr' ui g United ct1'cs, whose appointments are not
herein otherwise provided rr, and winch shall b. establish
cd by law Bu the COngf may, by law vest appoint
Hi such inferior officers they think proper IN tho
President alone, Tho courts n law IN the heads ct depart
mems" presume no gentleman will contend that Con-
would have right 60 confer upon the authority
appoint The fret enumerated class ~ officers and will
lc i'tihc only power which tho constitution gives