The Daily spy. [volume] (Worcester [Mass.]) 1845-1850, 1847-01-22


these purposes. Whenever, then, either Of these
exigencies shall arse sistance TO law. insur-
recuon, or invasion-then, the President may
eau iorth the militia of the country, and when so
called forth, they must be Officered by the State
authorities and il accordance with State law.
But to furnish such Constitutional emergency
Tor call upon the militia to prosecute war, il
must be war OF invasion Ii it be any other
KING oil war-such, perhaps, as are ordinary wars
then, the President cannot call upon The mill.
ia, nut must resort TO some other kiud OF militia
ry force; and that other kind of military force is
composed of those who of their own free volition
and pleasure, may choose 20 engage in the SER
vice oil the country. In other words, il is vol
untary force, procured by voluntary enlistment,
and the law has been in the hobit Of designating
those who constitute it, by the name of Volun-
teers.
In his war message 10 Congress, the President
declared that our territory had been invaded and
American blood shed upon American soil. II he
was right and true in that declaration, then he
could call upon, and order forth, the standing mi
ma OF the country 10 repel the invasion, and
hght OIL the inyadeiS But he chose not TO rest
1t solely on that ground. lie wished, also, TO
prosecute the war, and as in the case OF any 9th
CIR war, to carry il into the enemy's country-
FOR this purpose lac must ask for that other klnd
OF military force by which ordinary wars are
voluntary enlistment. The distinction then be
tween these two kinds Of military force, is deep
and broad one. The one is ever IN our midst-we
all constitute it; mean the dormant or enrolled
militia oil the country. Ii is ever aud everywhere
ready The Constitution creates it; the law de.
fines it. 1t only requires the constitutional ext
gency to arise, aud it comes forth bv compuSion
and operation OF law. The other can only be
obtained by contract entered into between ihe
l. -
who choose TO volunteer, on the other side. The
militia exists by force and operation of law
volunteer force exists oaIy by act and contract
OF the parties.
Now, sir, TO which Of these two kinds of troops
belong the ten companies which are about TO be
marshaed under the orders OF their gallant com
mander Can there be any doubt upon this
point! | call the attention OF gentlemen to the
law which creates This Massachusetts, Regiment
and gives 10 il its character mean the acts of
Congress OF May and June, 1916 The act of
May declares & That for the purpose of enabling
the Government OF the United States TO prosecute
the war 10 a speedy and successful termination
the President be, and he is hereby authorized 10
employ the MILITIA, naval aud military forces OF
the United States, and to call for and accent
the services OF any number of VOLUNTEERS, not
exceeding fifty thousand, who may offer their
services"
upon which this body Of volunteers may be re-
ceived.
he act speaks OF militia, am speaks OF voun.
teers. II makes distinction between the two
Can any gentleman MAINTAIN, in the teeth OF he
language and definitions which the act itself con.
tans, that the regiment now in this city is any,
thing else than a regiment of volunteers? | will
put single inquiry TO the gentlemen OH the OH
or side, which, to my mind, involves the whole
10 ha
communication of the Adjutant General now
upon your table, contain any such thing as a re-
QUESTION, or an order, from the General Govern
ment, on the authorities of Massachusetts, No.
sir, no! There Is entire absence of any such
paper. And yet that is the only legitimate and
constitutional mode in which a call, by the Pres
ldent, can be made on the State militia On the
other hand, Mr.. Speaker, you have there only
simple request, from the Department of War, for
some Massachusetts, men. And here, sir beg
leave TO advert to a remark OF the gentleman from
NewburypOrt (Mr. Cushing) understood him
to say yesterday, in the course OF his glowing
eulosum upon the Governor, Tor his first procla.
md ion, that he thought the executive compli
ance would have presented an issue Of nulhica
ton, or treason.
Mr.. Gushing here stated that he had net includ.
ed the term treason in his remark
Well, {said Mr.. b notification, then; WHY.
"~-h~
try-too improbable for hchon; and when the
gentleman trom Newburl port introduced that
declaration, thought he did equal injustice TO
the question under debate, and to his own char
acter as an eminent and argumentatye debater.
VuHUcGfaon against request of the Secretary
OF War? | had supposed that nulIihcation con-
sisted in setting at ndught aud at defiance an OBJ
iigatory law OF the United States Here Is an
act OF Congress, which authorizes the President
to accept the services OF volunteers IL any choose
to otfsr such services. but contains no compuso.
ry provision requiring any single State 10 furnish
volunteer. To Garry out this law, and in the
usual mode, the appropriate officer, the Secretary
Of War, issues hi letters OF quest 10 the sever.
al Governors for their co operation. And tits
notification against this request OF Mr.. Secreta-
ry Marcy, TO refuse TO comply with il Howev-
er humble his attainments in matters Of political
affairs, Mr.. Bulloch said he would engage to find
enough in any primer OF the science TO teach him
how little TO regard argument so fragile and
80 baseless that. He would say that, in his
judgment, il the Governor had sat quietly in his
tranquil retreat in Berkshire, and paid not the
slightest attention to the request, his conscience
and his oath Of Office would have remained as un-
sullied as the SLOW on bis native mountains
But request may or may not be complied
with az thew uDon whOm il ia made NAV or may