H. OF R. Volunteer Corps. JANUARY, 1812. A gentleman from Maryland (Mr. WRIGHT) says that he is restrained by an act of Parliament. Agreed, sir; he is restrained from doing it by a superior power, by the power of the Parliament, which, in this respect, is superior to his. In this country, sir, the Constitution, which is the act of the people, restrains us from doing the same thing. follows that the United States have the power to may also appropriate money for their support, for dispose of the persons and property of the whole as long a term as we think proper. And here, country for the purpose of carrying on that war; sir, permit me to call the attention of the House and that, if it should be an offensive war, they to this important distinction between the purhave power to march the militia out of the limits poses for calling forth the militia, provided in the of the United States for the purpose of foreign Constitution, and that which, by this new conconquest. The arguments of the gentleman are struction, we are called upon to make. By the ingenious, but destitute of any solid foundation. Constitution we are not empowered to call them Congress, it is true, have the power to declare forth in consequence of any act of our own, but war; but where, let me ask, is that part of the in consequence of the acts of others. When the Constitution which says that the power of Con- laws of the Union are violated; when domestic gress over the militia, is greater or more extensive enemies are arrayed against the General Governin time of war than in time of peace? It can-ment, and when the territory of the United States not be pretended that there is express provision is invaded by a foreign nation, we then call the to this effect. It can arise, then, only by impli- militia to our aid. cation. It is a new and strange mode of con- But, sir, the Constitution says to us, when you struing this instrument to say, that where special yourselves, by your own acts, by a declaration of and limited powers are given on any subject, that war, or in any way, undertake to create the purthese powers may be extended or enlarged, merely pose or necessity for calling them forth, you shall by the exercise of other powers given by the not have the power to do it; or, in other words, same instrument. I cannot, sir, for a moment, you shall not have the power to employ the miliadmit the position, that, in consequence of a dec- tia in foreign conquests. Sir, the King of Great laration of war, Congress have the power of dis- Britain, with whom rests the power of peace and posing of the persons and property of the coun-war, cannot send the militia out of the kingdom. try to the extent contended for. To enable the United States to carry on a war, Congress are authorized "to raise and support armies;" "to provide and maintain a Navy." These are the instruments by which the United States are enabled to carry on a war, either offensive or defensive. And when the territory of the United States shall be invaded by a foreign nation, in addition to these, the militia can be called upon to take a part in this defensive war, to repel such invasion. The power, sir, which the States have retained over their militia is the surest, nay the only effectual, safeguard of their rights, against the encroachments of the General Government. If Congress, in consequence of a mere declaration of war, have the power to order the militia of the States out of the limits of the United States for the purpose of foreign conquests, the State governments may not only be weakened, but they may be annihilated. If they can be ordered to Canada, they can be ordered to Jamaica, to the East Indies, to China, to Japan. And in this way a State may at once be deprived of all its effective force. But, sir, let us attend to the consequences of this new construction given to the Constitution in another point of view. So jealous were the framers of the Constitution of the power conferred upon Congress to raise and support armies, that they thought it necessary to place a check upon the exercise of this power, by providing "that no appropriation of money to that use should be for a longer term than two years." I ask, sir, to address you, merely for the purpose of entering my protest against the principles and doctrines this day advanced by the gentleman from South Carolina; a gentleman whose talents I respect, and whose opinions are entitled to no small share of weight in this House and elsewhere. The remarks I have made flowed from the impulse of the moment, and were made without premeditation and without method, and I have been led, from the nature of the subject, to proceed further than I had intended. When we are, as many gentlemen have often said, during the present session, on the eve of a war, the avowed object of which is to take possession of Canada, I could not but feel alarmed, that such sentiments were entertained, not only by the gentleman from South Carolina, but, as he informs us, by the President of the United States, to whom the Constitution has committed the power of carrying on the war. Indeed, sir, my mind recoils at the idea, that my constituents, living, as they do, along an extensive seacoast, with their towns and villages exposed to the ravages of the first invader, might soon be liable to be called upon to leave their families and their If the doctrine now contended for is to prevail, firesides, and to risk their lives under the walls of what check is there against the appropriation of Quebec. I could not, sir, refrain from expressing money to support the militia in service for as my opinion, that, by the Constitution, they could long a time as Congress may think proper? It not thus be compelled, to march into a foreign is only to declare war; it is only for us to create country without their consent. But, sir, whatthe necessity for calling forth the militia, and ever acts we may pass on this subject, we cannot then, sir, we may call them forth to effect the alter the Constitution; the people of the United objects of that war, whatever they may be, for as | States will judge whether they are in conformity long a time as we may judge necessary; and wel with the powers which are delegated to us or not; MONDAY, January 13.. H. OF R. Resolved, That the Committee on the Public Lands be directed to inquire into the expediency of vesting in the Legislature of the Indiana Territory, such portion of the township of land lying in the District of Vincennes, which was located by the Secretary of the Treasury for the use of a Seminary of Learning, as may be considered sufficient for the establishment of a Seat of Justice, in a contemplated new county, in the said Territory, by a division of the county of Knox. VOLUNTEER CORPS. Mr. LITTLE called up his resolution respecting captures made by Great Britain of American vesMr. MILNOR presented a petition of John Bio- sels and property; but an amendment being movren, W. J. Duane, and R. C. Weightman, prayed to add "and any other Government," some deing the patronage and aid of Congress, in printing bate ensued, which was interrupted by a new and complete edition of the laws of the United States.-Referred to a select committee. Mr. MILNOR, Mr. CHEVES, and Mr. GRUNDY, were appointed the committee. The SPEAKER laid before the House a letter covering a protest by James Dill and Peter Jones, two of the members of the House of Representatives of the Indiana Territory, against the memorial of that body praying Congress to admit the said Territory into the Union as a State, on an equal footing with the original States.-Referred to the committee to whom the said memorial has been referred. Mr. PORTER, who said, though the information which this resolution called for was desirable, he thought a discussion upon it ought not to prevent a progress with more important public business. He hoped, therefore, the resolution would be suffered to lie upon the table for the present, and that the House would take up the bill authorizing the President to accept of a volunteer corps. The motion was carried, and the House accordingly resolved itself into a Committee of the Whole on said bill. Mr. NELSON rose and observed that he had caught so violent a cold since Saturday, that he feared he should not be able to make himself heard; and then proceeded for a few minutes with his remarks, but his hoarseness was so great that The SPEAKER also laid before the House a letter from the Secretary of the Treasury, transmitting a statement of public moneys now deposited in banks, and in what banks deposited, and show-he was unable to proceed. ing the greatest amount in each bank, at any period, since the fourth of March last; and, also, the amount deposited in each bank, on the thirtieth of September last.—Ordered to lie on the table. Mr. WILLIAMS, from the Committee on the Military Establishment, to whom was referred the bill from the Senate, "for the establishment of a quartermaster's department," reported the same with amendments; which were read, and, together with the bill, committed to a Committee, of the Whole to-morrow. On motion of Mr. SEYBERT, Resolved, That the Secretary of State be directed to lay before this House a list of the names of persons who have invented any new or useful art, machine, manufacture, or composition of matter, or any improvement thereon, and to whom patents have issued for the same from that of fice, subsequent to the twenty-eighth day of December, one thousand eight hundred and ten, with the dates and general objects of such patents; and also that the Secretary of State be directed to lay an annual report before this House, embracing the above objects. On motion of Mr. PITKIN, a committee was appointed to inquire whether any, and, if any, what alterations are necessary to be made in the act or acts "concerning Consuls and Vice Consuls;" with leave to report by bill, or otherwise. Mr. PITKIN, Mr. BRECKENRIDGE, and Mr. MIT- Mr. MILNOR said, that an opinion had been advanced and maintained in the debate upon this bill on Saturday last, by an honorable gentleman from South Carolina, (Mr. CHEVES,) of so novel and extraordinary a nature, that he felt it his duty to oppose it; that he entered upon this duty reluctantly and unexpectedly, having hoped that during the remarks of the honorable gentleman from Virginia, (Mr. NELSON,) he would have been enabled further to arrange his ideas, or (what was to him still more desirable) have been prevented, by the lucid exposition of that gentleman, whose views on this subject Mr. M. understood to be congenial with his own, from at all troubling the Committee. The indisposition which prevented Mr. NELSON from proceeding, and which was much to be regretted, rendered it necessary that some other member should take his place upon the floor; which Mr. M. said he had ventured to do, although unprepared, and laboring under the disadvantage of having been unavoidably prevented from hearing a part of the argument of the gentleman from South Carolina. The opinion advanced by that gentleman was, that the President of the United States had a right to order the militia of the United States beyond the limits of the nation, for the purpose of foreign offensive hostilities. Had this singular sentiment been thrown out as a mere casual suggestion in the course of an animated debate, or proceeded from the wild and heated declamation of some of the actors on this floor, I would not, said Mr. M., have been at H OF R. Volunteer Corps. JANUARY, 1812. all surprised. But, sir, I am alarmed by the respectability of the source from which this dangerous principle comes. It is given to us as the deliberate result of the reasonings of the cultivated and philosophical mind of a gentleman ranking high in the general estimation of his fellow memorable friend from South Carolina has indulged us bers for political knowledge and personal integrity. It is propounded to us with great solemnity of language and of manner, and it is said to be supported by the sanction of Executive opinion. The President of the United States, we are told, feels no difficulty on the subject. Mr. CHEVES said, that his allusion to the opinion of the President was not from any personal conversation with that gentleman; that it had been mentioned to him on the floor, and he merely gave it as he would that of any other gentleman well able to construe the Constitution. ciple by which my construction will be guided. The power of sending the militia of the United States beyond their limits, results, we are told, from the sovereignty of the nation resting in the hands of the General Government. And my honwith a definition of sovereignty: "It is the right of disposing of the persons and property of the people." Sir, I deny, that under this definition of the term sovereignty, it can. with any correctness, be applied to the General Government. The frame and texture of this Government are different from those of all other nations. The sovereignty rests here with the American people. If the doctrine of the popular political writers of Great Britain be true, that, even there, circumstances may occur to authorize the resumption of sovereignty by the people, it is still more clear, that, in this happy Mr. MILNOR proceeded.-Putting out of the scale country, the people have never parted with it; the weight of Presidential authority, that of the but, having merely granted to their Government honorable gentleman himself, on a Constitutional certain restricted powers, the remaining portion question, is sufficient to induce an attentive exam-still rests with themselves. The powers referred ination of its soundness and propriety. It had to are limited and restricted, both with respect to been intimated by an honorable member from their operation on the people and upon the govKentucky, (Mr. JOHNSON,) that this discussion ernments of the particular States; and the pecuwas irrelevant to the subject before the Commit-liarity of the provisions of the Constitution imtee. The suggestion was not very complimentary to the member by whom the subject was introduced. But, said Mr. M., I consider it all-important that the President, if this bill passes, should be under no mistake as to the views of this House, with respect to the employment of the forces placed under his direction, and especially of that part of them which consists of militia. I am, for one, not willing to confide wholly to the President the decision of this important question, I am not apt, Mr. Chairman, to sound alarms, but I have always thought there was great safety in constantly watching for the preservation of the great charter of our liberties, and in maintaining an extreme sensibility to the slightest proposed infraction of its valuable provisions. The gentleman from Virginia, (Mr. NELSON,) in his prefatory remarks, noticed the variety of opinion which has been entertained, as to the mode of construing the provisions of the Constitution, imputing to the Federalists a disposition to favor an enlarged construction, with a view to the increase of the powers of the General Government, and the contrary inclination to the party with which he generally acts. There are, certainly, extremes upon this as upon every other subject. It was If, from the nature of our Government, founded manifested in the debate on the question of grant- as it is in compact, and restricted in the exercise ing a charter to the Bank of the United States, of its power, both as regards the independence where Congress refused to exercise a power, in and rights of the State governments, and the libmy opinion, necessary for carrying into effect those erties of the people, it be-as I contend it is-a expressly delegated. There may have been too violation of its principles to invest those who admuch liberality of construction, on the other hand, minister its concerns with powers not expressly sometimes applied. The true medium lies in not granted, or necessary to carry into execution those granting to the Government any powers but those that are, then it becomes us to examine the Conexpressly detailed in the Constitution, or una-stitution itself, to ascertain whether it contains voidably incident, and, in the language of the in- any provision to which a construction_favorable strument itself, "necessary and proper for carry- to this doctrine can fairly be given. On all subing into execution the powers vested by it in the jects which actually engaged the attention of the 'Government of the United States, or in some Convention, on which they unquestionably delib department or officer thereof." This is the prin-erated and acted, and have given us the result of parting these powers, as well as the known jealousy as to their extent, which existed at the time of its adoption, clearly prove that the Convention never intended to bestow, by implication, upon the General Government, powers greater than those expressly given. In reference to the enormous one suggested by the gentleman from South Carolina, it is too much to suppose that that wise and patriotic body intended covertly to give an implied power, which, if only done, would have hazarded the adoption of their great work by the several States of the Union. Sir, I can scarcely think that the Federalists, who exerted themselves at that time of day in its favor, would have done so, had they believed it to include in its grant of powers the dangerous one contended for by the honorable member from South Carolina. Do I improperly term it a dangerous power? Is it too strong a term for a prerogative supposed to be vested in the President of sending the freemen of this country-as it was correctly stated by my honorable friend from Connecticut on Saturdaynot only to the Northern and Southern limits of this Continent, but to any part of the immense regions of Europe, Asia, or Africa? their deliberations, in terms clearly expressed in the Constitution itself, there is no room left for supposing an intention to grant implied powers, different in their nature, and more vast in their extent, than those they have detailed. It would be preposterous and absurd-a reflection both on their wisdom and patriotism-to indulge such a supposition. I do not, I repeat, now allude to such powers, as, in conducting the affairs of the Government, may frequently be required for executing those actually detailed, the exercise of which is expressly authorized by the clause in the Constitution already referred to. The eighth section of the first article of the Constitution contains the enumerated powers of the General Government. The following clauses are those which relate to war, and to the employment of the several kinds of force placed in its hands: "Congress shall have power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years; "To provide and maintain a navy; "To make rules for the government and regulation of the land and naval forces; "To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions; H. OF R. tion of a foreign war. On the contrary, they guard against such an apprehension by giving the Government authority to raise armies to employ mercenaries to prosecute the war which they might declare. To the great body of effective citizens, constituting the militia of the several States, they assign appropriate and defined duties, manifestly intending to distinguish them-as in naine, so in employment-from the other description of force. To the militia, are three important services only assigned-first, to execute the laws of the Union. It was, no doubt, well considered to be more congenial to the nature of our free institutions, and to the character and feelings of our people, that if in any unhappy instance any portion of their people should be misled into hostility against the laws, the Government should call to its aid those who remain true to their duties, rather than resort to the aid of a mercenary army. In the instances of opposition to the laws which occurred some years ago in the State which I have the honor to represent, the good effects of this salutary provision were manifest. To their fellow-citizens, arrayed on the side of order and government, the insurgents readily submitted, and the effusion of human blood was thereby prewhich follows it-the suppressing of insurrections vented. This branch of employment, like that "To provide for organizing, arming, and disciplin-is in its nature wholly domestic; it gives eming the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by Congress." And, for the purpose of governing the construction of these and the other express grants of power in the Constitution, and to guard against dangerous stretches of authority by the Government, the eleventh and twelfth articles of the amendments to that instrument provide: "That the enumeration in the Constitution of cer tain rights shall not be construed to deny or disparage others retained by the people; and that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The mere exhibition of these clauses of the Constitution is a more forcible refutation of the doctrine than the most labored argument could furnish. Does not every one at once perceive the marked distinction between armies which Congress are invested with the power to raise, and militia governed, except when called into actual service, by the regulations of their own States? The power to raise armies and to provide a navy immediately follows, and is closely connected with that of making war. This important subject being provided for, the militia-always regarded as a most essential safeguard of the nation-next claims the attention of that Convention. But, the wise statesmen and excellent men who composed that body did not go on to alarm the great body of the citizens with the prospect of being liable to be called beyond the limits of the United States, to assist the Government in the prosecu ployment to the militia only within the limits of the United States. The third and last duty imposed on this body, is "to repel invasions." Can it be believed, Mr. Chairman, that, under the pretext of repelling invasions, it was intended to authorize this Government to send the militia in the pursuit of foreign conquest? Was there any such sentiment prevalent at the time the Constitution was adopted, or did any object of desire exist that could lead to the prospect of our being mad enough to go abroad after new acquisitions of territory, to be gained by force? We had not been very long dismembered from the British empire. Gentlemen will scarcely suppose, that, with such feelings as then pervaded the public mind, her example in seeking new conquests in all parts of the globe was about to be imitated in this new and rising and virtuous Republic. If the members of that Convention had been asked, Do you intend, that, under the mask of repelling invasion, the militia shall be marched to Canada and the walls of Quebec, what would they have answered? Mr. CHEVES here said, that he did not contend that the power of marching the militia out of the United States was derived from the clause alluded to; but that the power to declare war being given to Congress, and being a most important attribute of sovereignty, the power for which he contended followed of course. Mr. MILNOR proceeded.-Sir, I ask the honorable gentleman's pardon. I had understood him to argue, that, as in the performance of the acknowledged duty of repelling invasion, the passage of the militia beyond the frontiers of the United States might be unavoidable, the precise H. OF R. Volunteer Corps. JANUARY, 1812. distance to which they might be led could not be may think proper. Let me ask if this be not an fixed; and that, for the effectual obtainment of important question-if there can arise one more the object of repelling invasion, the militia might important? In the establishment of the Federal be carried to Quebec, and the conquest of the Government, no doubt the people foresaw that country ensue therefrom. It is probable I may occasions might arise when it would be necessary only have heard the argument urged in private for them to fight pro aris et focis, when assailed conversation. by hostile opposition to the laws, by insurrection, The power contended for is, then, to be consid-by territorial invasion; but it was scarcely antiered as a concomitant of the right to declare war. cipated that a right would be claimed by our The error of this argument consists in the appli- rulers to lay their hands upon our persons to cation of a principle to our Government wholly force us into foreign war, and thus transform our unfitted to it, when the manner of its formation, mild and free Republic into the grossest tyranny. the nature of its provisions, and its practical oper- Sir, let the small States beware if this doctrine ation, are considered. Our Government is found- be true. They may easily be destroyed. Their ed on express compact; its nature is defined and militia called from their homes into foreign serfixed by a written instrument; and it cannot be vice, the liberty and the property of their citizens made to bear upon the people or the States in any would be at the mercy of the Government. The other manner than that originally prescribed. If exercise of this monstrous power would be withthe power to declare war had stood alone, it is out restriction or control. A Virginia President not necessary to inquire how far it would have might spare the militia of his own State. If it empowered the Government to extend the opera- pleased his fancy the militia of Vermont might tions of the militia. But my honorable friend, be marched to a sultry southern climate, unconwho, like myself, has been conversant with studies genial with their constitutions and habits, to connected with the legal profession, well knows make a conquest of the Floridas, while those to the maxim constantly applied to the construction the southward might be sent on a wild-goose of statutes, as well as to the contracts of indi-chase to the deserts of Nova Scotia. Let us at viduals Expressio unius est exclusio ulterius. Where the party is empowered to do certain specified things, it excludes the power to do other things affecting the interests of the other party to the contract. Sir, here is the contract, from which all your public authority is derived. The very subject about which we are differing is here provided for. The parties to this instrument, as to this object, have certainly left nothing to the dangerous experiment of construction and implica tion. once exhibit a marked disapprobation of this alarming doctrine. We have hitherto manifested great forbearance and patience under the wrongs we have suffered from the two great belligerents of Europe. It has resulted from a fondness for peace, a hatred for war, and these sentiments have been attended by an utter aversion to the policy of making foreign conquests. If our principles on the latter topic are now to be abandoned, let the work be undertaken by an army of mercenaries. Let not the great body of our people be subjected to a military conscription for such a purpose. If they unite in the object, let it be willingly and not by compulsion. God forbid we should adopt any other plan! You may declare war offensive war if you please, uncongenial as it is with the sentiments and feelings of the American people. You may raise armies you may, by the consent of the individuals, and of the State governments under This House will, I trust, crush in its first budwhich they reside, convert your volunteers into ding the monstrous principle to which I have enlisted soldiers. You then make them, by their given my feeble opposition. My honorable friend consent, part of your regular army. But until will, I hope, himself abandon it, and ackowledge you do so by contract, and not by compulsion, that he has not, in this instance, applied his usual the army, as to external offensive operations, talents of investigation, nor foreseen the consemust be considered a distinct body from the mili-quence of his doctrine. The people will at all tia. There is great weight in the remarks of my events never submit to it. Pass your acts, but friend from Connecticut, with respect to the re- not a militiaman will march. The State govstriction of two years imposed on Congress in ernments will not permit you to force their citi appropriating money for the maintenance of an zens into a war of conquest and invasion, which army. As to the regular troops no invasion of will certainly array one part of your community this important limitation can be made; but if the against the other. I desire not to excite a spirit President possesses unbounded discretion as to of hostility to the Government-but for one, I the employment of the militia externally and in-prize the enjoyment of Constitutional liberty too ternally, then Congress also are freed from the fetters of this wholesome provision, and money may be appropriated, not only for two, but for any number of years to maintain your militia sent out of the country by compulsion in pursuit of foreign conquest. Is the honorable gentleman aware of the immense danger of his doctrine? Upon the principle he contends for, the President and Congress may wield the whole mass of the militia, in any manner and for any time they dearly to surrender it at the mandate of any Government-its unconstitutional invasion I would resist at the hazard of my fortune and my life. Mr. MACON. said, on this great Constitutional question, the best way of coming to a correct decision is for members to express their opinions freely upon it. According to the theory of our Government, Mr. M. observed, it required the State governments and the General Government to form the nation, and the two Governments |
