The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1855-03-21

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Georgia but do not mean to argue it
myself at all. mean that James Madi.
sonand James Monroe, and Wm B Giles
shall answer it. They can do it better
than ] can, ard will read few words
| from each TO show what were the doc
trines which wefo settled when this sub
jcct was fairly considered and which I
supposed every man adhered to at this
day. In the first place, Mr. President,
what is the provision ofthe Constitution
on the subject2 1t is that,
"The Congress shall have the power"
"to provide for calling forth
the ilitia to execute the laws of the
Union, suppress insurrection, and ropol
invasions."
In 1902, only three years after the
adoption Of that Constitution, when the
men who had tho principal hand in its
adoption were yet upon the stage of poll
tical action, and at Il time when, at tho
head of the Government, was the man
who had been at the head Of the Conven-
tion which framed the Constitution, this
act was passed:
I" Be 10 enacted. &C. That whenever
the States shall be invaded, or be in i'm.
mnent danger Of invasion from any for.
eign nation or Indian tribe, it shall be
lawful for the President Of the United
States to call forth such number of the
militia Of the State or States most cor.
vcniont to the place Of danger or sccno
of action as lie may Judge necessary to
refol such invasion, and to issue his or.
for tI,ot m
ofhccrs of the militia as ho shall think
proper" &c.
BY the act Of 1902 tie power was
transferred to the President BY Congress
to call out such portions of the militia
Of the country as might be required by
the oxigencies Of the time. Now, Mr..
President, how can that power be vested
in any body but the head of the Federal
Government How can it be vested in
that of the individual States without alb.
solute destruction to our country2 Re-
collect, MIR. President, that those provi.
sions are meant to meet the case of n
war. They are not needed in time Of
peace. AS | said, at such time we 90
OH very well but they are made to meet
the case of war. You have now thirty.
one Governors Of States. If thrty.one
men are all to concur in calling out tho
militia, who can see where you are TO bo
led 2 You know as we'll as do tha. it
would become local question Every
State would wan, to defend its own from.
tier and there is no man who has read
the history of the Revolution, and espc-
cially the letters of Gen. Washington.
but who knows that that was one of tho
difficulties which the country encounter.
cd during the Revolutionary contest and
under the old Confederation, and which
rendered the present Constitution neccs-
sary. There was a race among the sew
eral States as to which should keep most
troops. 1t WAS natural feeling. That
feeling was to be counteracted by more
energetic Government, charged with pow.
er over the whole forces of the country
Can this power be executed by them, or
must it be executed by the General Gov.
ernmcnt, which is responsible to all. and
put there by all, and which is response.
bic to all and which has the informa.
tion which all those local officers canuo.
possibly be in possession ofl
Mr.. Dawson. With the permission
Of my friend from Michigan. in the ab.
sence of my colleague. l will PROFOUND
to him question. If the President of
the United States gives an order for tha
militia Of State, has not that order nc.
ccs'arily to 60 through the commander,
in chief Of the State
Mr. CAss do not know that it ha.
by the Constitution
Mr.. Dawson And if i, has, is tho
Governor, as mere subordinate officer,
bound TO execute the order Of the Presi.
dent Of the United State, as matter Of
. course
Mr.. CAss That is the very point on
which the question turns. 1t is the very
point on which am going to read the
authorities In my opinion nothing can
be clearer than that it is the duty OF tho
Governor Of State to call out the mill
tia of the State when the President de-
clarcs, under the authority conferred by
the Constitution, that a contingency has
arisen which demands them to be called
/ out
Mr.. Dawson. know that my views
arc strictly State rights and the points
| wanted to get at was. whether tho
| Governor of a State was a subordinate
officer, and bound to obey and whether,
if be did not perform the order Of the
commander-in.chief, the President of the
United States, he was to be subjected to
court martial like any other suborai-
nate officer.
Mr.. CAss I, is not militia or mil
itary question at ALL lie is not acting
as militia man 1t is bis duty, as the
Executive, under the provision of the
Constitution, TO call out the militia when
the exigency requires it, and that exisen.
cy is to be judged by the President If
the honorable Senator will wait few
moments | will show him far better rea-
soning than my own--that Of Mr.. Ma.
Olson, Mr.. Monroe, and a committee Of
five members Of the Senate, able ani ca.
pable men, upon the very point which wo
are now discussing.
Nothing illustrates the consequence Of
this doctrine more than the very case un-
der consideration. In June, 1912. war
was declared. immediately after war
vas declared the British got possession
of the upper district Of Michigan They
got possession of Eastport a few months
before. They had been ranging along
the coast with hostile squadron at any
time prepared to make descent on our