The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-03-12
ADJUTANr GENERALLY REPORT.
The STATE OF WEST VIRGINIA.
Gyxpp.Y'o 0yp,1r

| but no Appropriation HAS oeeu haoo
for the payment of this necessary ser
vice. During the past year applica'
tons for the payment Of the amounts
due the assessors for the several coun.
ties in which this duty has been per-
formed have been frequent, but in con-
sequence of no appropriation having
been made by the Legislature, for that
purpose, these officers remain unpaid.
It would seem to be just that the
county assessors, who are required by
law to make this enrolment, and have
done 30, should be paid the amount
due them as fixed by law. For the
want of this, or for some other cause,
returns OF this enrolment for the pres
ent year, have been received from only
eight counties OF the State, rendering
it impossible for the Office to make
return of the militia Of the State, their
arms, accoutrements and ammunition,
to the President of the United States"
as required by law. These returns. for
the present, are less full than those OF
last year. AS the best data, therefore,
from which an estimate can be made Of
the results Of a complete enrolment
reference is respectfully made to the
report of Adiutant General I. NJ
Harris, dated December 81, 1870.
The militia OF the State is in an un-
organized condition. By the sixteenth
clause of section eight of article one Of
the Constitution OF the United States,
the power ito provide for organizing,
arming and disciplining the militia" is
expressly delegated to Congress, only
"reserving to the States, respectively,
the appointment of the officers and the
authority of training the militia &C
cording to the discipline prescribed by
Congress
Ia pursuance OF this broad aud COM
prehensive clause Of the Constitution,
the Congress OF the United States has
from time TO time commencing in the
year 1892, legisIated on the subject;
and at this time, the laws prescribed by
Congress, for the organization of the
militia Of the States Of the Union, are
full and complete, leaving small margin
for legislators on the part OF the State
governments, and leaving them no dis
erection as to the expediency Of such an
organization. These Congressional laws
have been recently revised and compiled
by commission appointed for that
purpose, under an act of Congress, ap-
proved June 81, 1866. A copy of these
laws, so revised and codified by this
commission, has been forwarded to this
office. And although the work OF this
commission, may not have received the
approval of Congress, We: it, no doubt,
presents the laws on the subject to
which it relates, in an accurate and
condensed form; and !, therefore, take
the liberty OF transmitting copy there
of herewith, to your Excellency.
From this compilation OF the several
acts of the Congress of the United
States, on this subject, it will be seen
that it is not lett to the several States Of
the Union to speculate upon, or in any
manner determine ior themselves touch
ing the expedency, or necessity, of
thorough and efficient organization OF
their respective militia forces. These
laws are peremptory, and FULLY exhaust
the almost plenary power of Congress
on the subject. In the estimation OF
its founders a well organized and well
disciplined militia was deemed essential
to the preservation Of the Republic;
and a standing army, in times OF peace,
was considered dangerous to civil liberty.
In the present disturbed condition OF
society, military force OF some kind
NAV, in certain emergencies, which are
liable 10 arise at any time, be needed
for the protection and safety Of these
States and the rights and liberties OF
their citizens; and for these emergencies
the Constitution OF the United States
clearly and distinctly points to well
organized and well disciplined State
militia.
And it is most respectfully suggested,
that while it is the duty, it is no less
the true interest Of our State, that Its
militia be at once organized and armed
and put under a system of thorough
discipline, as required by the several
acts OF Congress referred to, and there
by, on this subject, place our State and
people at once in full harmony and
unison with the laws Of the United
States and the properly constituted au.
thorities of its government.
In more than one instance, within
our recollection, in the absence, real or
suppose ION the part OF one or more OF
the departments OF the General Gov.
ernment. OF a well organized and well
trained State militia, personal liberty
has suffered, civil liberty has been
threatened, and the rights Of the States
endangered, in the exercise Of doubtful
power, having for its expressed purpose
the preservation OF peace and good
order in the States Of the Union. The
exercise OF such power was no doubt
distasteful to, and reluctantly assumed
by, those who felt themselves called
upon to use it, and they were no doubt
induced to do so only by a supposed
urgent necessity, growing out Of the alb
sence of well organized and well
disciplined militia in some OF our sister
States. And even then, the chief exac-
utiyes OF several of these States have
thought it proper to make solemn oth'
cial protestation against this kindly
interference in affairs considered BY
them purely domestic in their charac-
ter. This interference, so graciously
rendered by the one, has at all times
been viewed with more or less suspicion
by the other. This is an unfortunate
state Of things, and a condition Of public
affairs at all times to be deprecated,
and should, as much as possible, be
guarded against in the future. 1t is
thnnrht that these kind Of Offices, so