The United States of America, Part 1: 1783-1830Sparks, Edwin Erle
History
The United States of America, Part 1: 1783-1830
Sparks, Edwin Erle
United States -- History
The Constitution had provided for such an emergency in a general way
by making the President the head "of the militia of the several states
when called into the actual service of the United States." Here was
opportunity in working out the details for the individualists to protect
themselves against the unjust use of the militia by restricting the
circumstances under which it could be called into the actual service
of the Federal Government. Unfortunately for them, measures for the
proper defence of the frontier were necessary from the beginning of
the new Government. Since the frontier lay so largely in the United
States territories, its defence belonged to that authority and not to
any State. Under certain limits of time and distance, the President
had been authorised in various laws to employ State militia on the
frontier. The Secretary of War eventually drew up a plan for organising
uniformly the militia of the States into a national defence, believing,
as he said, that "an energetic militia is to be regarded as the capital
security of a free republic, and not a standing army, forming a distinct
class in the community."
In drafting the militia law of 1792, in accord with the recommendations
of Knox, the President was authorised to call out the militia of any
State "whenever the laws of the United States should be opposed by
combinations too powerful to be suppressed by the ordinary course of
judicial proceedings." This efficient clause was productive of a
prolonged debate in each branch and a conference between the two. Its
opponents made various efforts to substitute the Legislature of a State
as the agency for calling out the militia, to require a previous notice
to the President from a justice that the laws could not be enforced,
and to have a session of Congress intervene before the President could
march the militia of one State into another. The fear of giving the
central power an excuse for maintaining a standing army had led the
framers of the Constitution to incorporate a clause placing the militia
at national service only for the purpose of executing its laws,
suppressing insurrection, and repelling invasion. Of these emergencies,
Congress was to be the judge. Should the dangerous authority now be
given over to the Executive? The long intermissions between sessions
of Congress made such delegating imperative. The Shays rebellion had
left its lesson. Yet, according to one speaker, the measure seemed to
suppose that only the General Government possessed the power to suppress
insurrections, whereas the States individually certainly possessed
this power and would execute it. Another thought it an insult to the
majesty of the people to hold out the idea that it may be necessary
to execute the laws at the point of the bayonet. "If an old woman,"
cried a disgusted member of the minority, "was to strike an excise
officer with a broomstick, forsooth the military is to be called out
to suppress an insurrection."
Public-domain text, read in full here on John Shaqi.
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