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Federal Gazette & Baltimore Daily Advertiser 1807/07-1807/12 msa_sc3722_2_6_2-0222 Enlarge and print image (5M) |
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Federal Gazette & Baltimore Daily Advertiser 1807/07-1807/12 msa_sc3722_2_6_2-0222 Enlarge and print image (5M) |
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VIRGINIA. VOLUNTEERS.
In council, dtigust 29, i 807.
The govern ;rlairl bt fore the hoard a let-
ter from Pou shee G. f ibrJs, captain of avo-
lunteev company of light infantry, in the
county of Es.ex, requesting rabwroalioh re-
specting the nature and objects of the asso-
ciation, of the Virginia legion of volunteers,
and statin,; the fears entertained that the . f-
ficers appointed to a command in the said
leg! ri, would be entitled to precedence in
rank over, the officers of the main body of
the militia; whereupon. It is advised,that
the governor be requested in answer t > the
said letter, to explain fully the principles
upon.which the'said legion is formed for
the purpose of rem >ving toe misapprehen-
sions which exist concerning it ; and that
a copy of the said letter be published in the
newspapers of this city, for the general in-
formation of the officers of the -militia.
Extract from the journal.
DANIEL L. HYLTON,
Clerk of the council.
RICHMOND) August 30, 1807.
Sir.
I have received your favor of the 13th,
encipsing the resolutions of the light infan-
try company under your command. They
manifest 3 spirit of patriotism honorable to
them, and honorable to our country. The
i-.eal and ardor evinced by tne voluntary ten-
der of their services, will receive a high re-
ward in the thankfulness of their country,
and are the surest pledges of the most effici-
ent exertions whenever they may be called
into the field. I perform a pleasing duty
when I announce to you and to them, that I
accept, for my c uutry, the tender of their
seivic.es. Lilt as theie are two acts of con-
gress ut.Jer tticli '.he executive are author-
ised to accept the 6.nice uf volunteers, viz.
t[,e a, : il, 1B06 and the
. )th of February la a, the former
requiring a service of six months, the latter
a service of twelve months, you will be
eleasedto state under which act you) tender
is made ; and I beg leave to state to you
laos! e end unequivocally, tl* not
only the of
' voui compat y, but of all
this, as or. a former occasion, have
this p> *er to the president alone in
case.;, and to the president and senate 1:1
others. But a different policy has been par-
sued' The president d es not claim, n.r
can he claim any agency in the apointment
of the officers of any tirade, for there is no
clause of the la » which can give such agen-
cy, even by i ^plication- On the contrary,
a just regard to the sovereignty and inde-
pendence of the states, has provided that
this important power should be confided to
the state authorities, by declaring that
the " commissionedofficers shall be appointed in
the manner prescribed by low in the several
states and territories to 'which such compa-
nies shall resfect'txkly belong" By this clause
we must clearly understand, not that these
associations shall remain without cMic'trs un-
til an act of the state legislature skall be
passed for the express-purpose of appointing
them ; bat that, the officers shall be ap-
pointed in the manner prescribed by law
for the appointment of similar officers in the
militia. In referring to our state laws, it
must be evident to the most superficial ob-
server, that all officers of the militia below
the rank of the brigadier general, are ap-
pointed by the governor with the advice of
the council, or on the recommendations of
the respective county courts. The act of
congress therefore, authorises the same
course to be pursued with regard to the offl
cers of these new associations, li however
an association be so extensive as to require
a command as high as that of Brj
neral, that appointment must be made by
the legislature, to whom only it belongs.
In making the appointments to offices in
these volunteer associations it has been al-
ready announced, that the Executive will
regard the wishes of the persons associated,
by appointing the objects of their choice.
This is believed to be a principle that
ought to be held sacred in the formation of
sucit associations It is not departed from
by granting commissions previously to the
associations, because all who enter them
with the knowledge that they will be cam.
"landed by the persons holding such com-
missions, give them the most unequivocal
evidence of their approbation. Such com-
missions have been granted and will still be
granted, as the means of facilitating and"
encouraging volunteer associations. And it
is confidently believed that there isuothingin
this practice contrary to law or to justice.
Every body kno as that the laws of his state
give to the executive, thepower of granting
commissions to officers of volunteer cornpa-
ni< s in the militia, before the companies are
actually raised ; (see acts of 1803, ch. i-
sec. 14.) the act of cont ress declares that
the officers of the volunteer ass >ci-
ations authorised by it shall be ap
pointed in the manner prescribed by tiie
state laws ;¦ and the president has transfer-
red to the executive, the po.ver of organiz-
ing them into battalliotis, squadrons, regi-
ments, brigades, Sic. Where then is the
illegality of these previous commissions?
Tiiey give no power except to raise and ex-
ercise the corps; they do not at all inter-
fere with the militia arrangements of the
state,- they do not cnange yr affect the situ-
ation in the militia, of those who hold them,
fur the act of congress expresssly declares
that " until called into actual service, such
companies," (even after they shall be raised
and organized) " shall be bound to do regu-
lar duty, as is required by law in like nian-
ueras before the passage of tnis act." Nor
is there in this practice any thing contrary
to ju.tice ; f r the field originally was, and
still is open to ail <-ur fellow-citizens, and
there is ample room and much necessity tor
their patriotic exertions. It is not for me to
defend the policy of the act of congress in
authorising these associations. Its policy
is obvious. It is not founded upun a dis-
trust of zeal, activity or patrotism of the
militia or their officers ; torthese associati-
ons will be tormed of persons wh 1 n iw
compose apart of the militia. It is found-
ed on a wish to relieve the militia from tVie
inconvenience', that would necessarily arise
from an indiscriminate draft; to have in the
public service only stich. of our fellow citi-
zens, to v.'.ioin the public servi e would not
be inconvenient ; and ab .ve all to have at
the commencement of hostilities, a bodyof
men whose period of service will give time
for the foratatkm of a regular army, should
such an arfey be deemed necessary. It v ill
be recollected that under the general lav of
the United States for calling out the militia,
tlicy cann.-t be'• coinpelh d to serve mors
than three m nths after their arrival at the
place of rendezvous; in any one year," ( ee
t, vol. oi the laws of the U. S. pntie 190) &
by the ct of congress of the i8th April,
1 c6, they cannot be compelled to serve
longer than six months after arriving at the
plade of rendezvous.
Although this term of service might be
amply sufficient far ordinary cases yet is it
difficult to imagine an occcasion in which it
would be totally incompetent for any effec-
tual exertion ? Suppose a formidable attack
shall be made on a very remote part of the
union, to the defence of which the militia
of the state or territory attacked should be
insufficient ; or suppose that engaged in war
withauy European nation having possessions
bordering upon ours, it should be deemed ad-
visaeble in us to carry the war into those pos -
sessions, is it not obvious that a body of men
raised only for three or even for six mo,ntl S,
however welt officered, however w*ell
plmed and patriotic, would be ineompctt nt
For out purposes. The act of congress of
tlie 21th of February last, was intended to
provide for such cases, ¦ authorizing v
tteer associations whose term of service should
: be sufficiently long. The" Virginia-Legion
oontressvv.U deude. Congress la.jJii, on- of Volunteer" is nothing more than one
other companies, who"? services may be ten-
dered and accepted under either act of con-
fer 'Ss, will retain the s^r.t: rank, in every re-
spect, that they now hold. I enclose both
acts fqi your e >hs'[deration.
I am "sorry to observe by your fetter, that
much dissatisfaction has been given in the
part of the state it: which you reside, by the
commissions tk.it 'nave been granted 'to cer-
tain persons as officers of the ""Virginia le-
gion of .Volunteers." You express a fear
i ii...t their operation will be to throw into
the bid; ground the present old and experi-
enced officers who have encountered much
titrable and dt voted much time, in training
and disciplining the militia. You say,
ho -ever, ti.at the subject is fully under-
stood, and expect that the executive will
give soii>e e:-i;i':ana:i its. I assure you, sit,
it will always afford me much pleasure to
give, to any of my fellow ciiizni, a frank
and honest explanation of any part of my
official conduct, whe.iie.v
er it shall be asked
lien
cct.tem
in the spirit and manner which maik your
letter.
The act of congress of the 24th of Feb-
ruary last, authorises the p esident of the
United States " to accept of any company
or companies of v' luti'eers, either of artdle-
rv, Cavalry r infantry, who may associate
and'offer thejnielves for the service, not ex-
¦1 a .to.000 men" whose term of ser-
vice shall be I 2 months after they shall have
arrived at the hlace of rendezvous. It also
ises the president to organise them in-
to battalions, squadrons, regiments, bri-
gides fee. But the president having called
on 'he executive to hold in readiness 11563
of the militia of this state, being cur quota
of the detachment of 100,000, he has given
to the executive the power of accepting, for
him, volunteers under this act, in lieu of
the.11563 militia directed to be held in
readiness';-and has like- i-se transferred to
them the power of organising them into bat-
talions, squadrons, regiments; brigades, &c.
He has moreover urged as a matter of the
first irapo-ance, the necessity of encourag-
ing, by all the means in their powei,
volunteer asst ciatu ns
plated and authorised by the above act of
com ress. A moment's reference to the act
will evoice that it contemplate* and autho.
irises, volunteers of two descriptions; fust,
such c-inpanies, battalions, &o. already or-
ganised and forming a part of the militia.
Ls shall voluntarily tender^themselves ; and
secondly, such companies of volunteers not
already organised, " a.s may associate and of-
fer tbemsehc* for the service," and may be
form, d of individuals not only from differ-
ent companies, but from different regiments
and counties ; for there is no restriction in
theactofcongress; on the contrary, ¦
iy holds forth the idea, that the associations
m.ij be thus farmed, for it provides that
" u.itit called into actual serve, c Mien com-
panies stall oe b itind to d > regular militia
ouy as is,requited by law in like manner
as before the'passage F tins act." The
law of congress p .siuvely declares, that vo-
lunteers of the fiist description shall conti-
nue 10 be commanded by tne officers hold-
ing commissions at the tune of making the
t ot I heir services. Should your com-
pany, or any oth»r organised company in
the'militia, tender themselves under this
!a.< le'ey will come within this description,
and t..c officers and companies w111 U: ac
ri, andiviU hold in every rtspcci their
p : cent rank and grade-
But to associations ot the second class,
not bemtr, already oigaaiaed, it is necessary
that officers should be appointed.. By whom
to be exercised ? The act of
td es
of that law,
termed the. Virginia Legion, for no
oilier purpose' than to point out the particu.
lar nature of this corps, as containing a
mixed force of infantry, cavalry, cvc. as was
(he pa -,. with other legions established dur-
ing the revolutionary war. It was planned
by four men of respectability, William Wirt)
Alexander Stuart, John Clark, and Dabney
drr, who on the 11th of this month, sub-,
mined to the executive a petition, stating
that they had "associated together, and
wiih many ot'tiers, for the purpose of raising
lour regiments, to consist of two battalions
and ten companies each, under the act of
cbngress of the 24th of Feb. 1807 ;" and in
addition to the engagements of that act, they
pledged themStlves in the event of a wan
•' to tender th-ir services to the government
of the United States for and during its con-
tinuance," and requested, if the plan was .
approved by the executive, that commissions j
might issue to the persons proposed as offi- ;
cers, in order to enable them to carry it into I
effect. It is a fact that about the middle of .
the month of July, the act of congress au- i
thorisinc; volunteer associations,, was publish- j
ed by order of the executive, in all the pa-
pers of this city, for the information of our I
fellow-citizens ; as was also the letter of the '
secretary at war, authorising the executive 1
to accept of volunteers under that law, in |
part of the quota of the miliiia required from
this state. It is also a fact, that on the J 1th ¦
of August, although numerous tenders of
s.rvice, of a general nature had been with :.
pleasure received by the executive, yet they \
had not received one that was specially made
under that law ; nor had there been any ap-
plications to grant commissions for the pur- !
pose of raising volunteer companies under j
it. The executive therefore in approving
the plan of the " Virginia Legion of Volun-
teers" approved the first that was offered for
their consideration ; and commissions have
been granted to certain persons, as captains,
lieutenants, and ensigns, for the purpose
of enabling them to raise their companies.
No higher officers have been commissioned*
although they are designated, iiut I do not
entertain any doubt of the pnwer of the
executive to grant commissions to any office
below the rank of general. It must be ad-
mitted by all that the object ot this as ¦< cia-
tion is a patriotic one. Does it interfere
with the rights of any individual in the
commonwealth. I have already shewn tUat
tiie commissions do not interfere with the
existi ij; militia arrangements, and no p^ rson
whatever will enlist under them except by
his own voluntary act. It has been announc-
ed to the pulilic that if companies already
organized shall tender themselves, they and
their officers will be received, and that they
•¦will hold their present rank and grade.—
If; the present militia officers shall not be
able to procure a tender of the servicis of
the corps they now command, but will raise
associations requiring the sane command,
they will be placed at their head, -with their
present rank and grade ; or if they propose
to raise associations which require a com-
mand higher than that tm-y no* held, com-
missions will be j!,iveii fhr mat pie pose ; and
I am expressly authorised to state, that tin-
executive will. 1:1 all C ise:-, acOept the tenders
made by officers ol the militia, in preference
to the tenders made oy others, provided the
tenders shall be of the sa'ute extent. How
then can the officer.. I of this ar-
rangement? A preference Writthe given to
them if they will come forward ; but ifthey
neither tenaer tlieir present Corps, nor raise
new associations, would it be rijht, that
volunteer associations, planned and raised by
Others, should be placed under tlieir corn
mand. I am Certain they would be the.last
to deisire it. The Virginia Legion, even if
it shall succeed, will not raise more than 6lW
fifth part of the vblanteerS wished to be
railed by the president. Here tiieu is an
ample field for the exercise 01" the patrie.'. i. in
of our fellow citizens. They will not de-
feaf an important object of an important act
of congress, by contentions about mere form
and technical propriety.
I have thought it proper to be thus expli-
cit as to the power, views and policy of the
executive, in granting commissions to the
" Virginia Legion of Volunteers ;" and I
sincerely hope that there will no longer
appear any ground for dissatisfaction. I
shall indeed be much concerned if we have
mistaken our own powers, or the policy
which the interest of our country required
us to have pursued. We, however, feel a
pleasing consciousness that on this occasion
we have done nothing more nor less than
what appeared to us to be our duty.
As to that part of youv letter in which
you request my opinion as to the nature of
the service hi which the volunteers will pro-
bably be employed, it is out of my power
to give any definitive answer. They will
be under the direction of the general govern-
ment. It is certain, however, that they
will be employed on no object except sush
as may be justified by a regard to the honor
and interests of the nation, repelling invasi-
ons that may be made upon us, or carrying)
in our turn, invasion into the territories of
any enemies that may be accessible to us.
I am, with great respect,
Sir,
Youv obedient servant.
WILLIAM H. CABELL.
Captain Fousuee O. Tiebs, Essex.
¦LONDON July 4.
"We sincerely deplore the dreadful cala-
mity which has befallen ur allies, and an-
nihilated every hope of checking the career
of the enemy, by any means thort of a con-
tinental peace. We do not stop to notice
the, unprincipled levity of the ministerial
journals, who are continuing L> feed their
readers with tales of the defeat of the French
a the moment that accounts of this, |