History of the United States of America, Volume 6 (of 9) : $b During the first administration of James MadisonAdams, Henry
History
History of the United States of America, Volume 6 (of 9) : $b During the first administration of James Madison
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
Laying aside the question of taxes, Congress took up two other subjects
of pressing importance. Every one doubted the possibility of raising
a regular army, and those persons who knew best the character of the
people were convinced that the war must be waged by militia on land,
and by privateers on the ocean.
The House began with the militia. December 26 Porter brought in a
bill authorizing the President “to accept of any company or companies
of volunteers, either of artillery, cavalry, or infantry, who may
associate and offer themselves for the service, not exceeding fifty
thousand,” officered according to the law of the State to which the
companies belonged, and liable to service for one year, with the pay
of regular troops. Evidently these volunteers were State militia, and
were subject to be used only for purposes defined in the Constitution.
In 1798 the attempt to raise such a corps had been denounced as
unconstitutional, a device to separate a part of the State militia
in order to put it under the President’s power in a manner expressly
forbidden by the Constitution and peculiarly dangerous to the public
liberties; and although the device of 1798 was made more evident, as
its efficiency was made more certain, by the provision that these corps
should be officered by the President, the device of 1812 was not
less offensive to men who held that Congress had no power to call out
the State militia except “to execute the laws of the Union, suppress
insurrections, and repel invasions,” of course only within the limits
of the United States. The chief service desired from these volunteer
corps was the conquest of Canada and the occupation of Florida; but
every principle of the Republican party would be outraged by placing
the militia at the President’s orders, to serve on foreign soil.
Porter, who wanted express legislation to overcome this difficulty,
stated his dilemma to the House; and the debate began quietly on the
assumption that these volunteers were not to serve in Canada or Florida
without their own consent, when, January 11, Langdon Cheves, with much
seriousness and even solemnity of manner and language, informed the
House that the Republican party had hitherto taken a wrong view of the
subject. The distinguished South Carolinian affirmed doctrines that had
never before been heard from Republican lips:--
“The power of declaring and making war is a great sovereign
power, whose limits and extent have long been understood and
well established. It has its attributes and incidental powers,
which are in the same degree less equivocal than those of other
powers as it excels those powers in its importance. Do you ask
then for the right of Congress to employ the militia in war?
It is found among the attributes of the sovereign power which
Congress has to make war. Do you ask for the limits to which
this employment may extend? They are coextensive with the
objects of the war.”
Public-domain text, read in full here on John Shaqi.
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