War of the Rebellion: Serial 127 Page 1118 CORRESPONDENCE, ETC.

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vital to constitutional liberty by a more change in the use of terms to designate the act? Congress shall have power to raise armies. How shall it be done? The answer is clear. In conformity to the provisions of the Constitution, which expressly provides that when the militia of the States are called forth to repel invasion, and employed in the service of the Confederate States, which is now the case, the States shall appoint the officers. If his is done the army is raised as directed by the Constitution, and the reserved rights of the States are respected; but if the officers of the militia, when called forth, are appointed by the President, the army composed of the militia is not raised as directed by the Constitution, and the reserved rights of the States are disregarded. The fathers of the republic, in 1787, showed the utmost solicitude in this very point. In the discussion in the convention on the adoption of this paragraph in the Constitution of the United States, which we have copied and adopted without alternation, Mr. Ellsworth said, "The whole authority over the militia ought by no means to be taken away from the States, whose consequence would pine away to nothing after such a sacrifice of power. " In explanation of the power which the committee who reportedtop the convention intended by it to delegate to the General Government, when the militia should be employed in the service of that Government, Mr. King, a member of the committee, said, "By organizing, the committee mens proportioning the officers and men; by arming, the king, size, and caliber of arms; by disciplining, prescribing the manual, exercise, evolutions," &c.

Mr. Gerry objected to the delegation of the power, even with this explanation, and said, "This power in the United States, as explained, is making the States drill sergeants. He has as lief let the citizens of Massachusetts be disarmed as to take the command from the States and subject them to the General Legislature. " Mr. Madison observed that "Arming, as explained, did not extend to furnishing arms, nor the term "disciplining" to penalties and courts-martial for enforcing them. " After the adoption by the convention of the first part of the clause Mr. Madison moved to amend the next part of it so as to read, "Reserving to the States, respectively, the appointed of the officers absolutely inadmissible. He said that "If the people should be so far asleep as to allow the most influential officers of the militia to be appointed by the General Government, every man of discernment would rouse them by sounding the alarm to them. " Upon Mr. Madison's proposition, Mr. Gerry said, "Let us at once destroy the State governments, have an Executive for life, or hereditary, and a proper Senate, and then there would be some consistency in giving full powers to the General Government, but as the States are not to be abolished he wondered at the attempts that were made to give powers inconsistent with their existence. He warned the convention against pushing the experiment too far. " Mr. Madison's amendment to add to the clause the words "under rank of general officers" was voted down by a majority of eight States against three, according to the Madison Papers, from which the above extracts are taken, and by nine States against two, according to the printed journals of the convention. The reservation in the form in which it now stands in the Constitution, "reserving to the States the appointment of the officers," when the militia are employed in the service of the Confederacy, as well the general officers as those under that grade, was adopted unanimously by the convention.