Now, Sir, the first two resolutions before us transcend the powers of the State. They touch the enrolment and organization of the militia, and on this account are an assumption of power forbidden by the principle to which I have referred. The other thirteen resolutions, with the exception of the seventh, are in the nature of a military code, concerning the choice of officers, all of which should be left to the action of the Legislature.
In conformity with these views, Mr. Chairman, and in the hope of presenting a proposition on which the Convention may unite, I propose to strike out all after the preamble and insert two resolutions, as follows.
Art. 1. The Governor shall be the Commander-in-Chief of the Army and Navy of the State, and the Militia thereof, excepting when these forces shall be actually in the service of the United States,—and shall have power to call out the same to aid in the execution of the laws, to suppress insurrection, and to repel invasion.
Art. 2. The appointment of officers and the training of the Militia shall be regulated in such manner as may hereafter be deemed expedient by the Legislature; and all persons, who from scruples of conscience shall be averse to bearing arms, shall be excused on such conditions as shall hereafter be prescribed by law.
The first of these resolutions is identical with the seventh resolution of the Committee. The second provides for the exercise by the Legislature of powers expressly reserved to the States over the appointment of officers and the training of the militia; and taking advantage of the Act of Congress which allows the States to determine who shall be exempted from military duty, it plants in the text of the Constitution a clause by which this immunity is secured to all persons who from scruples of conscience are averse to bearing arms. I believe we cannot go far beyond these without doing too much, while these seem to me enough.
[POWERS OF THE STATE OVER THE MILITIA: COLORED COMPANIES.]
Speech in Convention to revise and amend the Constitution of Massachusetts, June 22, 1853.
On 22d June the following resolution was brought forward by Mr. Wilson:—