Fear of the abuse of the military power in
the hands of the central authority, which prompted the framers of the
Constitution to limit all appropriation for the army to two years'
duration, had also persuaded them to restrict the national use of the
State militia to three emergencies, viz., to execute the national laws,
to suppress insurrection, and to repel invasion. Test had been made
of the first two uses in suppressing the excise rebellion. The War of
1812 brought out the third. The contemplated invasion of Canada was
the result of no one of these conditions. Objection to using the militia
in carrying on a foreign war had been raised frequently in Congress
during the debates on the war measures. A kindred dispute had arisen
over the right of the national authorities to appoint officers of the
State militia when called into national use. The old Revolutionary
State jealousies over this question seemed to have come to life again.
Among the Federalists, now grown to be sticklers for State rights, was
a representative in Congress from New York, who cried out in debate:
"If it shall come to that, that militia officers are appointed by the
President, I am a militia officer--I will never surrender the state's
rights--I would not be commanded by them--and I say, so help me God, if I
do.
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