Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-02-25

do IT IN this case If the Governor disposed 10 u
the discretionary power confde To him and ,oo.%
the militia when the public safety does no: rcorrs
to be embodied, he may equally abuse he r, 'F'
there be specific grant Of power II YOU ono.
sumo an abuse OF ms power, that abuse may arise n
er his power is limited by public safety. -, Lucy Ir
three specihed grants" insurrectiun invasion or
ton of the laws '-
Mr. SCOTT agree with the gentleman. and
when wns up before, that it is n,pos.ibo ,rb
create power and appoint IN agent 10 cye,r.
guard against every possible abuse that We op.
guard against abuse a, far practicable. and t.
case We progress 10 some extent towards Tia; .l
when we limit this power 10 certain CASES and ~
clearly Whist those If the report stands i,
iny the executive with power 10 call out Ii. r;i.
whenever in his opinion the public safety rtori,..
does not every that it clothes him with arc-
to call out the militia in every conceivable CT. vl
ever Is there any gentleman in this body IN favor
clothing the executive department of tile goyc.,s.,
with hat broad and unlimited power,-pcwcr oy.r,1
military strength Of the State: power 30 call ", J
action whenever IN his individual judgment the ~
If the Communicable NAV require II. | think H.. |
may Ire occasions whts safety vii! require the Cove; |
To call out the militia think the Convention I
forSce those occasions. and iore>,cn:,. can define Il
think il Is lis duty to define them and leave II 10
broad discretion OF the Governor. think that !" cas-
ri invasion, Of ln>urrectIon and o opposition! l" II
execution of the law il NAV be- necessary t" call ot
the militia. And We do all that is possible i"i haa.
agents to do o guard against abuse, when IN The ~
comforting require that II shall he exercise! o
when the safety of The Commonwealth sha! ie end,
..cred hv che other of these emergencies ihL
there j. great ditcrencc-a wide dii'crenc. lrt&t
Tie grant Of power in these rcsiricSed terms aid 4.
Grant OF power contained in the report Of the coisaa
Tee think there is great difference between s0n
HIS mower to the Governor in the enumerated ca.r.
giving il to him i'll any IN every case aCcorelu, Z, III.
/ Judgment and discretion.
Mr. SOUTHALL. | am glad 10 that The indie,
lions of the committee are against coucrrina upon a
governor this IL nv mind unlini Ell execu,ly. me.
rogatve-that OF deciding upon the wi,n In
public safety shall require the calm, and tc a..
bodving of the militia Of the State and our oi.rt i,
seems Ia me. should be To confer this poge. f,ra
the executive Of the State ~ guard :,- a,,y in.
proper exercise ol il. Ia III. exercise TIL, in,u;
,,nwcr the chief magistrate might deem the StItc
safety in DANCE: when very af-c portion, perha,-
large majority ii the people lnie, entertain the o,.
ION that there dancer n band. and that he l
lie safety did not require IL exercise. IL seems H.
that the gentleman from fuquer ia he ha- gurs
Indicated the right view this subject and II We adj
single word TO the amendment, il will perhaps c;rry ou
the al cct i'll view and dcns Ia the Legislature. i! soad
hr disposed 10 eXercise IT, the power of copisrin urh
the chief magistrate other power touching the a..
iitia "f the commonwealth than these prescribed III IT,
constitution. understand the gentleman from FL.
p.i'r and other. to Indicate, aal in that 20 with h,a
tia. tin governor should posses, tho power call ot;l
H. militia 70 reI"' INVASION, whether the iuva son l.,
threatened ~ actua t. surpr.>s instruction. Nir'le
there h, Il el,o ." overt ac or threatened and h. ,rlt.
the ,ar e.,c!t!on Of til, laws If hi. la pcv a.. NJ,
sufficient with winch to irm Your executive for the ur
pose OF taku. care Of tn, public safety yon mt l.
the olhcr departments OF government from coufciln
him any additional power upon III, subject othrrw's,
y"n Will not have advanced al inch. because il YOU
only 20 far To prescribe and clare in your oy7tc
law that the governor may call ont the militia for lie
Al. n -.
"a thc legislature Ia. power o Comforting on lim ",hc!
aa'i a'Iilom: power over the militia. You arr jus;
running IN circle and may not gGaii against ia, ~,
prl.!cd lower ultimately finding it, way into The
ecGi,c Department. Ii yon believe it is in >peiiyni t"
confer open he executive the discretion dc,egNu
whom ii" p@hiic safety may require ;ic 'bol"n; Of
the militia certainly ought t. deny 10 the gisi"iv,
department the power TO confer thai right upon him
Mr. SCOTT, Of Fauqui.r pi,Sun. that = II" Grw
upon the article "r,aliAn, tn. executive and no The
legislative department, and /" consider what
POWER 1t Is proper or improper I" confer upon ~. eN'
ctiys. When W. come to consider the c,-la'.
branch o the government, then may consider IN Mat
il may he proper Ia restrict that branch If the gos,in
:.nt. As I" what MY friend PROPOSES j; d',s -
re be such limitation upon The legislative owor a..
would nc find proper place in til. report.
Mr. SOuTllAll. Iha, may or May not Ia. h -
ganzg Your rxccutv. department., II lc piopi
necessary To prescribe and TO limit his duties anl il.r
by to prohibit the legislative department, when thy
10 eNcrciee the powers conferred them cA;cj
To ;hc executive any additional prerogatvcs III
militia il may b., the gent ean eays. matter q"
policy first to prescribe in general terms without liu,-
ton The powers and duties of the executive and tlp4i
when W. come Ia organize The legislative department;
there to restrict them in the exercise IF their power, h,
!. seems Ia that might NJ once 80 far as ti,
n'';cc Is disposed 10 unite IN the proposition and rc,
tie question by simply prescribing here that the oye
nor shall have power 10 cal: out the militia only 10 !.
,1al it,., H.
execute tho laws. You will determine then at one,
what power the executive should exercise and render
wholly unnecessary, when To the Legislative IL.
pmmcnt, To say that they shall not confer on lie cxc
citv" any power touching the prcr"gativc whic! N"u
propose tn confer on him the militia 1t il 10 n.
matter Of entire Indifference where TIL. limitation -ha
come H. whether i'll the legislative in the executive
department.
Mr.. BoTTS presume there is very little di.I,rcnce
o: opinion prevailing in the Convention Il, to what j.
proper 10 be- done upon this subject. had III,
good forum I" in the moment that tn, gem
tlcman from kanawha submitted his amendments nos
had the good fortune to hear the proposition submitted
by the gentleman from Jefferson tAir. HuxrrR) but
heard his remarks and have listened with attention.
and interest t" the remarks made by others who follow
ed hlm 1t seems to NE that there is but ono opinion
that does or ought to prevail in this Convention sud
that is TO provide specially far a. il is in our power
TO do for the cascs in which the governor shall BE- M
thorzed to exercise his powers of calling ont the militia
But it seems 10 he apprccnded, and perhaps with ,oc
rropTcty. that other questions may arise which We can
not expressly provide Tor in the Constitution Un,!cs
these views 1t has suggested itself Ia my mind iat the
most proper provision which could I've Incorporated III
Tie constitution on this subject which would entir,
~ II understood them the views expressed by thegcn
tiemen from Fauquer, Jefferson and Albemarlc. and /
hope entertained by the resolution of the Convention
would be to incorporate III the constitution provision
Of this kind, that lac shall have the power To call ~,
the militia for the purpose Of repelling Invasion, III,
pressing instruction. such rs the Legislature
may specially authorize.
IL doe appear 10 me that there is no case likely ,o
arse i'll which We ought to call out the militia eScepj
IN the special cases Of repeug invasion and
but if mis- opinion case should ari aI.
Necessity should exist, you have already in the ~,
Gee ins lection given the governor power to
the legislature on application of majority Of the mem
bers Of both houses the General Assembly or when IN
his opinion the interest of the Commonwealth shall %
qnre It. Now wha, is the likely to arise otlci
than those of invasion and Instruction in which H.,
Governor might feel it his duty to call ou, the militia
Is there any case likely To happen that will require such
prompt aud instant action would forbid him for wlnto
time from convenng the legislature and asking for a;l
ity suppose the case instancc of the federal oy.In
meni 10 suppress invasion an nsurrection els vhe
than IN this State. SUPPOSE the governor of yirsina