Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)

by George Ticknor Curtis

Until these volunteers should actually enter the service, they would continue to be militia men of the States, and liable to perform militia duty in the States. Their character would not be changed. They would not constitute a dormant standing army in the States, with officers appointed by the President, as had been urged, but would be mere associations, bound together by no law but that of honor. Such men would always be ready to obey the call of their country in case of necessity.

The Senator from South Carolina (Mr. Calhoun) did argue that it would be a violation of the Constitution for the President to appoint these officers without the previous advice and consent of the Senate. Whatever doubt might have rested upon this point at the organization of our Government, this power had been exercised, over and over again, ever since the adoption of the Constitution, under all administrations. The precedents were numerous. One act had been read which passed during the late war, conferring upon the President, in express terms, the power of appointing all the officers of the military force to be raised under its provisions, but requiring him to submit these appointments to the Senate for their approbation at the next session. The very same thing was proposed to be done by this act, in regard to all the officers above the rank of captain.

He was afraid to trust his memory in attempting to state the proceedings of the Committee of Conference. So much had been said, that he could not, if he would, undertake to report it all. We did not confine ourselves to the point of disagreement between the two Houses; but almost every question relating to the military defence of the country had been ably and eloquently discussed. He had derived much information on this subject from the members of that committee.

There was one fact which he would mention, and which demanded the serious consideration of the country at the present crisis. A gallant and distinguished officer, who was a member of the committee, (Gen. Ripley) had stated, that, according to his recollection, the history of our Indian wars did not present a single case in which a volunteer force had been beaten by the Indians. Our disasters in this kind of warfare had always been suffered by the regular troops. Our recent experience was certainly in accordance with this statement. This important fact, however, established the necessity of raising volunteer corps, in some form or other, composed of the brave and hardy youth, accustomed to the modes of Indian warfare, and who were able and willing to fight the Indians, man to man, according to their own custom. Such men would best protect our citizens from the ravages of the Indians, and would soon put an end to the Creek war.

He had said more than he intended, as his chief object in rising had been to request that he might not be appointed a member of the new Committee of Conference.

Mr. Buchanan could not now but hope, after having heard the observations of the Senator from South Carolina (Mr. Calhoun), that a Committee of Conference might yet agree upon some compromise which would be acceptable to both Houses. He now believed, from what he had just heard from several members of the other House, that another committee ought to be appointed.

The Senator from South Carolina had not, he believed, denied any of the positions which he had stated. They did not materially differ as to their constitutional views on this subject. His (Mr. B.’s) positions were these: that any number of individuals within the States might associate together, either in companies, battalions, or divisions, for the purpose of entering the army of the United States, for six or for twelve months, upon any contingency which might render their services necessary; that these associations would be voluntary and not compulsory; and would be held together by no tie but that sense of honor which binds a man to enter the service of his country, after he has declared, in the presence of the world, that such was his determination; and that these volunteers, after having arrived at the place of rendezvous, and after having been mustered into service, but not before, became a part of the regular army of the United States; and the President could then, by and with the advice and consent of the Senate, appoint their officers. At one period of the conference, he had believed that the committee would arrive at these conclusions.

One of the objections of the Senator from South Carolina was, that the appointment of the captains of companies and other inferior officers ought, like that of the superior officers, to be submitted to the Senate. Mr. B. had been perfectly willing and was still willing to adopt this modification. He could not, however, agree, nor did he understand the gentleman now to insist upon it, that these offices could not be filled without the previous advice of the Senate. Such a provision would render the law perfectly nugatory. We might not, and probably would not, be in session when these appointments must be made. The same necessity which the gentleman alleges to have existed during the late war, for authorizing the President to make appointments, during the recess of the Senate, will exist in regard to the appointments to be made under this act.—Besides, whatever might be our opinion in regard to the power of the President, if the question were now, for the first time, submitted to us, Congress have so often authorized him to make appointments, during the recess, to be submitted to the Senate at its next session, that this constitutional question must be considered as settled.

As to the act of 1812, which had just been cited by the other Senator from South Carolina (Mr. Preston), he thought it went too far. He would not say that it was unconstitutional, because he had not examined the subject sufficiently to express a positive opinion. This he would say, however, that it did authorize the existence of a dormant military force within the several States, commanded by officers appointed by the President of the United States, and liable to be called into service at any moment he might think proper. The individuals composing this force were exempted from militia duty within the States. Upon the principles contained in this act, the militia of the several States might be subverted, and a national militia, under the command of national officers, might be substituted in its stead. This would certainly be at war with the spirit of the Constitution, which reserves to the States respectively the appointment of the officers of the militia, and the authority of training them according to the discipline prescribed by Congress. The militia emphatically belongs to the States, and not to the General Government; and it might be very dangerous for the States to surrender their control over this force into the hands of Congress.

Under the act cited by the gentleman, a portion of the militia was taken from the control of the States, and relieved from the performance of militia duty, whilst they remained in the heart of the country, mixed up with the other citizens. This did seem to him to interfere with the power of the States over their militia, contrary to the provisions of the Constitution. But these objections did not apply to the bill before them, nor to the amendment he had suggested. They had drawn a broad line of separation between the force to be raised and the militia of the States. What they proposed was, that these volunteers should associate themselves together for the purpose of offering their services to their country, and that when they arrived at their places of rendezvous, they should enrol themselves, and be mustered into service as a part of the regular army; but until then, that they should remain as they were, citizens of the several States, liable to the performance of the militia duty of the States. With these views, he was confident that a new Committee of Conference might come to such an agreement as would be acceptable to both Houses, and he therefore hoped that one would be appointed. He was almost ashamed to say that he had never acquainted himself sufficiently with the rules which governed the proceedings of a Committee of Conference. His common sense, however, had taught him that it was the duty of such a committee to confine itself to the point of disagreement between the two Houses; but he had been informed by gentlemen of great experience that the whole subject of the bill was open to them. Acting upon this principle, they had got into a general discussion as to the relative value of volunteer and regular as well as common militia forces. He believed now that a Committee of Conference might do some good, and that by steering clear of the constitutional scruples of gentlemen, they might agree on some amendments that would render the bill acceptable to both Houses, and thus enable them speedily to adopt a measure so urgently demanded for the protection of the suffering inhabitants of the frontiers.