Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. J. C. SMITH observed that the Committee of Claims, in submitting to
the House the reports then before them, had not been influenced by the
magnitude of the sum claimed for services. The simple question considered
by them, was whether compensation had, or had not been rendered for those
services. The decision of this question depended on another question,
whether from the nature of our Government, the State of Georgia was to
be considered as, in the first instance, liable for the satisfaction
of these claims. If this should be admitted, he thought the proper
construction to be placed on the articles of cession was extremely plain.
There are two ways in which the militia of a State may be called out by
the Executive of the United States. The first is by a direct detachment
of any portion of the militia. It was not necessary, in any instance,
for the Government of the United States to call on the Executive of a
State for this purpose. It was in their power directly to call into the
public service a brigade or other division. This is one course, which
may be pursued, and in this case it is admitted that the soldiers are
soldiers of the United States, and that for their compensation they are
to look to no other Government than that of the United States, in the
first instance. The other course is that where a requisition is made by
the General Government on the Executive of a State. What is the state of
things in this case? It must be presumed that the citizens of a State,
thus called into service, are to look to their own State for compensation
in the first instance, though he admitted that the General Government was
in the last resort responsible. They are to look, in the first instance,
to the State Government, for this obvious reason: The Governor of a
State is not amenable to the General Government; and he consequently
cannot be punished for exceeding their orders. Is that Government then
bound at all events to pay the expenses incurred in consequence of the
orders of the State Executive, when they may be in direct violation of
the orders of the General Government? It is a clear position then, that
when the militia are called out by the Executive of a State they are to
look to the State in the first instance. Application may be made to the
General Government in the first instance, and if there shall have been no
disobedience to its orders it may make payment; but, put the case of the
orders of the General Government being disobeyed, will it be contended
that it will be obliged to remunerate services rendered in opposition to
its commands?
Contemplating the subject in this view, it must be admitted that the
militia are in the first instance to look to the State Government, which
may make a compromise with the General Government.
The second question is, what is the nature of the compromise made in this
case? The articles of cession purport to be [Mr. SMITH here quoted the
beginning of these articles.]
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