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the United States provides "that congress shall have power to call forth the militia to execute the laws, suppress insurrections, and repel invasions." The congress of 1795 details the powers and rights of the president of the United States in relation to calling out the militia of the several States. You have the decision of the Supreme Court upon that question. Then the fourth section of article fourth of the Constitution of the United States provides that the "United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature or of the executive (when the legislature cannot be convened) against domestic violence." Congress has passed an act calling out the militia to protect every State against invasion, but it has made no provision in regard to a second request or application of the legislature for aid against domestic violence. The Supreme Court of the United States in the seventh of Howard's Reports, in the case of Luther vs. Borden, have settled precisely what the powers of the congress of the United States and the president of the United States are under that provision of the Constitution. So that everything is now distinctly settled, with regard to the relative powers of the Commonwealth and the United States. I certainly must express my admiration that the gentleman from Lawrence, who does not profess to be legally trained to matters of this sort should have so happily hit the very thing needed in the amendment which he has presented, and I am prepared to support it with this brief expression of my views of what the military powers of the State and congress of the United States are. I hope, therefore, that the amendment will stand as it is, and if it is calculated to give confidence to that class of our citizens to whom we are so much indebted for the protection of those laws which secure person and property, then I shall have an additional reason for supporting this amendment and placing it distinctly before the people for their adoption, so that when the occasion arises if it should ever arise, it will be for the Commonwealth of Massachusetts to say whether she stands in an elevated position in perfect harmony with the Union in all her constitutional and legal enactments. I trust that we shall now take from the Constitution the only relic which remains and from which there arose a conflict between Massachusetts and the United States.

Mr. BUTLER, of Lowell. I feel that I ought to apologize to the Committee and Convention, for saying one word upon this subject, and it shall be but a word, after a hint which I gave to gentlemen who had filled seats in the

[June 20th.

executive council, that they had better not magnify their institution. I feel a little delicate, having had something to do with the militia of the Commonwealth, to say much at this time, because I think that hint might be well taken and acted upon by myself. While they magnify their own office to such an extent, I pray them and my friend for Abington, (Mr. Keyes,) not to detract from the other institution, which, among the people, is considered quite as useful and quite as ornamental as that which they so much be-laud and be-praise. I only rose to speak for a moment, upon the seventh resolution so far as regards the amendment proposed by the gentleman from Boston, (Mr. Hopkinson,) and as regards the amendment shadowed forth by the gentleman from Natick, (Mr. Wilson,) which is to add to the seventh resolution, "that these powers be exercised according to the rules and regulations of the Constitution and laws of the Commonwealth." I believe I do not misunderstand the gentleman from Boston. There is no reason for adopting such an amendment as is proposed by that gentleman, because we have already adopted a form of oath of allegiance and official duty which requires every officer, the governor included, to discharge and perform all the duties incumbent upon him as governor, according to the best of his abilities and understanding, and agreeably to the rules and regulations of the Constitution and laws of the Commonwealth. That being a portion of each military officer's official oath, and a portion of the oath of the commander-in-chief, I cannot see any necessity for adding it again to the seventh section. Every officer is now sworn to exercise his duty here, and carry out his office agreeably to the laws of the Commonwealth, and the rules and regulations of the Constitution, so that there can be no need of the amendment submitted by the gentleman from Boston, and there can be no need of the amendment foreshadowed by the gentleman from Natick, (Mr. Wilson). I have another reason why I wish the resolve to stand as it is, and why I do not wish the amendment of the gentleman from Essex, (Mr. Bradford,) should be adopted, and it is this. Not that I am called upon to indulge in an eulogium upon the militia. When the hour of darkness, danger and trial comes, then the militia of this State will speak for themselves, and will need no advocate. Then the universal sense of reliance which every man feels, when he hears the tap of the drum and the steady tramp of the soldier, that the laws will be preserved, will be their best argument and defence, for I trust in this Commonwealth they need no defence. While I agree with the feeling

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Monday,]

BUTLER.

[June 20th.

"halt." [Laughter.] I believe that the militia should be carried out of the Commonwealth, when it is necessary, under the orders of the commander-in-chief, and when it is necessary in the service of the United States, that they shall be consolidated, under the laws of the United States, with the United States troops. They are United States troops when they are here.

The gentleman from Boston shakes his head. I trust he does not suppose that I mean by that, they are the enlisted regular troops of the United States; but they are citizens of the United States, organized and enrolled for the defence of the United States; and as such, they are United States troops to repel invasion into the United States, or insurrection against its government. And if the gentleman will only look back to the time when General Lee marched a large force under the command of Washington, to suppress the insurrection in Pennsylvania, Western Virginia and Ohio, I think he will not shake his head. When those troops of Maryland and Pennsylvania marched for that purpose under the command of General Lee, by the order of George Washington, if they were not United States troops, what were they? They were United States troops to all intents and purposes for preventing insurrection against the laws of the United States.

which prompted my friend from Lawrence, (Mr. | I do not believe that to be equivalent to the word Parsons,) who was not a member of the Committee, to say, that leaving the militia out of the Constitution might affect 5,000 votes against the Constitution, I doubt somewhat whether it would affect any. If we are left out of the Constitution, it will be not because we are undervalued, but because it is supposed that the Constitution of the United States provides for us a place. I have the honor to adopt the argument which I have used before in the Convention, in a quotation from Judge Parker, that the Constitution should be made first in conformity with the United States, and then it should be made as it would be if we were not in the Union, so that if the time should ever come, which I hope never may come, that we shall be cut loose from the Union, we shall then have a frame of government to fall back upon by ourselves, if we must go on alone. That is the reason why I am willing to retain the words here properly put in by the Committee, " army and navy." We cannot have either army or navy, but still it is well that the words " army and navy" should stand, because it may be that some day or other we may have to go alone, and then we shall have a Constitution ready made to our hands, and ready for our use. But again, I am opposed, particularly, to the amendment of the gentleman from Essex, (Mr. Bradford,) for the reason that I do not want to adopt anything which shall, for a moment, seem to be in possible conflict with the laws of the United States. I do not want, in any degree, while we are ready to go alone, if need be, which I hope never may be, any provision in this Constitution that will put us aside or out of the Union. I trust I may be spared a few observations upon this point, for I am not one of those who are always crying the Union is in danger. I am rather content to let my actions speak for themselves. I trust I may be pardoned, when I say that I believe the construction which would be put upon this proviso, in times of high party excitement, or in such times as the war of 1812, or in times when men were failing to do their duty, might bring us in conflict with the United States, and I would not, therefore, say that the militia is the militia of the Commonwealth of Massachusetts, and not the militia of the Union; not that I have any fears, nor do I believe that the militia of Massachusetts would ever be taken out of Massachusetts, for the purpose of carrying on a foreign war. I know of no such power. I believe none ever will or can be exerted, but I do believe, that, when we are pursuing an enemy, we should not stop because we run against a three-cornered stone somewhere, which may mark a State line.

But I wish it for another reason. We put ourselves in so antagonistic an attiude in 1812, and have retained this provision in our Constitution ever since, that it has given some excuse to the United States government to delay the payment of a just claim that we have for our services during the war of 1812. It is because we have that in our Constitution which we do not mean to enforce, and never did mean to enforce, in the form which the language would indicate. I hope it will be removed; and I am glad to add my testimony, so far as it is of any value, to the very happy and able manner in which the Committee on the Militia have discharged their duty in putting before us these resolves.

I am glad to see another thing, of which I will speak, with your leave; which is, that we have popularized the institution, that we have made every officer in it except the mere staff-officers, elective by their commands, so that in this State at least, a man from the lowest in the ranks, may be elected by a majority of the votes of his companions in arms, elected to the highest office. Heretofore, the major-general was elected by the legislature. Why, I never could see. The troops could elect all the officers up to majorgeneral, and then the legislature came in. I am

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I

glad to see now that the major-general is to be
elected by the troops. Now, all the officers,
from a corporal up to the commander-in-chief, |
are to be elected by the soldiery, making a com-
plete and perfect system. I trust the resolution
will not be amended, and I trust my friend from
Essex, (Mr. Bradford,) will see cause to withdraw
his amendment. If he does not, I hope the
opinion of the Committee will be that it shall not
be reported to the Convention. I hope the reso-
lution will pass without any further amendment.
Mr. FROTHINGHAM, of Charlestown.
do not intend to detain the Convention but a
few moments in reference to this matter; and
rose to say that I shall vote for the seventh section
as it stands. And had not the gentleman for
Wilbraham and the gentleman from Lowell,
gone so fully into those old matters in relation to
the conflict between this State and the United
States, in times past, I should have alleged some
of the reasons which they have alleged, against
the amendment proposed by the gentleman from
Essex. What they have said, however, has been
conclusive, and therefore, it is that I shall vote
against the amendment.

And now that I am up, allow me to say a few words in reference to what has fallen from the gentleman from North Brookfield, (Mr. Walker.) I understood him to say that although he should vote for the Report of the Committee, yet still it was rather his opinion that a sufficient police force in cases of emergency would serve every purpose to protect the public peace.

Mr. WALKER. I will explain what I said, with permission. I said the argument was that the militia made an excellent police force; and I said that so far as they answered that purpose they were very important.

Mr. FROTHINGHAM. I am glad to concur in saying that the military force has proved a very excellent police force, and very important in more cases than one; and I feel as though I should not do my duty, sitting here and hearing the remarks which have been made in reference to the military organization of the Commonwealth, were I not to bear a feeble but grateful tribute for the manner in which this organization, at the call of the law, met and preserved the public peace on a recent occasion.

Sir, this was at a time when the police, a well organized police in Charlestown, was not sufficient to protect the public peace. It was a time when the public mind was much inflamed, in consequence of the abstraction of a girl from Charlestown, and demonstrations were made against one of the churches of that city. By means of the circulation of a hand bill, a public

[June 20th.

| meeting was called in the evening, near this church, when a collection of thousands assembled at the place of rendezvous. Most of them were from without the city, and bands of them were there for no good purpose. As they were upon the ground, I take it by the natural law of mobs, they began by being noisy, then became excited, and at length were ready for any desperate purpose. A strong police force were present, and for a time kept the crowd at bay, but severe contests took place, and the mob at length proceeded to tear down fences and old buildings, and to break up the remains into billets with which to fight the police. At this point, each man of the mob, so armed, was equal to each man of the police, and the danger became threatening. What, in such a case, would have been sufficient for protection but military force? It was at such a time, at such a crisis, when this mob, thus ugly, were hooting and yelling and struggling, and this ordinary police were about to be overpowered, that I had the pleasure to hear the tap of the drum, that has been spoken of, and to see the steady march of the volunteer corps of Charlestown, who had at the call of the law promptly paraded, armed with powder and ball, as it pressed through that infuriated mob. That was the armed representation of the majesty of the law. The effect was electrical. The mob before it shrunk into silence, and the peace and reputation of the city were preserved. That was what was done within a short time; and I feel as though I could not sit here without bearing a grateful tribute to the organized militia for their services on that occasion.

Allow me to say one word more in reference to this matter. Our organized militia has been an institution here from the very first of our history, and it has always seemed to be somewhat remarkable that it was so. It was an institution of nearly a hundred and fifty years standing when the revolutionary war broke out. Then and there it was almost as perfect as it is to-day; and the far seeing men of that time seized hold of it, and turned it to a good account; and I never yet have heard the day of Lexington, nor the day of Bunker Hill accounted for in any satisfactory manner, without taking into view that old institution -the volunteer soldiery of Massachusetts. And when gentlemen undertake to account for the deeds we have done, let them not stop until they have gone past our revolutionary history, and up to the beginning, and then they will see where the foundation was laid which led to the establishment of our liberty, and how it was that our revolutionary militia proved themselves an honor to the Commonwealth of Massachusetts.

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Mr. BALL, of Upton. I do not intend, Mr. Chairman, to detain the Committee but a moment. I believe every gentleman who has addressed this body for the last half hour has made the same remark. But I do not really intend to detain the Committee but for a very few moments, at least; and I should not, an humble member as I am of this Convention, have ventured to address it at all on this subject, had I not felt called upon, as the subject has assumed the aspect which it has.

I was pleased when I heard the chairman of the Committee declare so emphatically his feeling with regard to the war spirit. I was glad to hear him speak in such strong terms. I believe that the war spirit is wrong, and for that very reason, I say I was glad to hear him use such terms as he did. But I believe not only in faith but also in works; and, although it may appear that I am now out of order, I think I shall prove to you in the end that I am coming to the point. The gentleman has presented us with the faith which I love; now let us have the works. The truth is, that our militia has been only a sort of manufactory of candidates for political offices for the last ten or fifteen years. I am well aware, as the gentleman who spoke so strongly in favor of the militia, that in the hour of danger they are ready to come to our defence. But, Sir, I could point to a thousand private individuals in the city of Boston who, if they had known they would be called upon in the time of trial, would have been there armed and ready steadily to sustain that gentleman in the discharge of his official duty, as the militia of which he has spoken in such high terms. But now, under the old Constitution, the war spirit has gone out. Our militia has seemed to be failing day by day and year by year, and that seemed to me to be the very thing which the gentleman, the chairman of this Committee, wished-peace-man as he declared himself to be. He says he shall be glad to see the day when it will not be needed. Needed? It will be needed just as long as you foster this accursed spirit of

war.

I ask him why, in Heaven's name, he is willing to foster it, every day and every hour, by decking out men with caps and feathers, and marching them about to the sound of martial music-so thrilling, and with attractions that awaken a love of the pomp and glory of war, and entrap young men into its hellish spirit. And I was surprised-I speak with respect, for from a boy I have looked to him as one whose advice was to be followed-when I heard the gentleman from Pittsfield, (Mr. Briggs,) whom I have heard speak in such earnest tones to young men-whom

[June 20th.

I have heard urge young men with such earnestness to take a high moral stand. I say, Sir, I was surprised to hear him speak in such high terms of the active militia of to-day. It did seem to me as though we were making speeches for Buncombe. But I should like to put a question to him. Supposing he was about to send a young son of sixteen years of age into Boston, I ask him whether he would advise him to join the Christian Association of Young Men, or whether he would advise him to enlist into one of the active militia companies of Boston. Would he not do the first, and scorn, as a prudent Christian father, to do the last.

Do not gentlemen know? I have been behind the scenes in my life. I was once a citizen of Cambridge, and was intimately connected with some of the people of Boston, and I was then often behind these military scenes. And I can tell the gentlemen who have spoken in such terms in regard to the militia, that those blackened ruins on yonder eminence, caused by a reckless mob, are but a result of the spirit that is often fostered in the hearts of some men connected with the militia of the country.

I know that a man's political fate is sealed, who dares speak against the militia; and my worthy friend for Abington, (Mr. Keyes,) has one claim to the political favor of Massachusetts, that I was not aware of; and next fall, if I have the pleasure of electioneering for him, if he will honor me with his title, whether it be captain, major or colonel, I am sure that I can get for him a thousand more votes for the title. But after all, who does not know that this nourishing of our present active militia is fostering the war spirit, and that its great work is to manufacture these titles for men that they may be candidates for political offices? Is it not well known that this is the fact? I know this may be speaking strongly, but it is because I believe it; and it is for that reason that I would crush this spirit if possible. I want, as was said, by another gentleman, a more voluminous vernacular, not only to speak of the war spirit itself, but to speak of this detestable feeling of good men which is at work in the hearts of the men of this country who are willing to foster this spirit. As a minister of the gospel, in Heaven's name, I say, let us crush, if possible, let us crush that spirit. I could take these gentlemen behind the scenes—though it is a long time since I was there-and I would like to take some of these gentlemen whom I know to be Christians there, that they may see for themselves, and that I might show them what habits are fostered in the hearts of these young men who are in the active militia which is spoken of

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in such eloquent terms, terms which I could not use if I would, and which I would not if I could.

For these reasons, when the time comes, I shall be able to get over all the difficulties which gentlemen find in this Report, by moving that this Committee report to the Convention that it is inexpedient to legislate on the subject referred to the Standing Committee.

Mr. BIRD, of Walpole. I did expect, Mr Chairman, when I saw my friend from Lowell, (Mr. Butler,) rise to address the Committee, that I should certainly have his powerful aid in support of a portion of the sentiments which I expressed this morning, for I remembered how bravely he defended the doctrine of State Rights here two weeks ago; but at the moment I forgot two things. One is, that the gentleman bears some sort of a military commission; and the other is, that for something like two weeks he has been absent from our deliberations, and I imagine that he has been studying questions of constitutional law, at Washington, under teachers who did not get their education in Massachusetts.

There is a vast deal of cheap enthusiasm here about our volunteer militia. I have no quarrel with gentlemen about that. Let those with whose tastes it accords or who want votes, indulge in glorification of the militia. I have no taste for it, and I want no votes. Gentlemen talk about the necessity of a military power, in order to preserve peace. Why, Sir, nobody denies that. Nobody has denied it here; and that is not the question which we are now considering. The gentleman from Waltham, (Mr. Banks,) spoke about a military force being required in Montreal, the other day; but it seemed to me that he was rather unhappy in making use of that illustration; for the fact was that the only good the military did was, that after the riot was ended, they shot down some twenty or thirty innocent persons.

Mr. BANKS. It the gentleman will permit me, I will correct him in one particular. I did not speak of the military in that connection in which he seems to understand me but what I said was, alluding to the riots in Montreal, that the military might be called upon in such cases here. If the gentleman understood me to say that the military afforded efficient protection in the particular case referred to, he misapprehended what I designed to say.

Mr. BIRD. I certainly understood the gentleman to refer to the riots in Montreal, and to the fact that the military were there called out.

[June 20th.

army who were called out. I understand that it was the latter.

Mr. BIRD. I presume it makes very little difference to those who were shot whether the bullets came from the volunteer militia cr from the red coat regulars. The question is, on the necessity of a military force to preserve peace; and I do not think it makes much difference what kind of military force you call in, whether those who make fighting a trade by which they get their living, or those who only turn out occasionally and shoot people as volunteers, or move correctly as amateurs. To come back to the Montreal affair. The military were called out, and they fired upon and killed some twenty, thirty or forty people. Was this done to suppress violence or to preserve peace? No, Sir! The riot was all over before they killed a man. Who were the men that were killed? Were they rioters? No! They were the quiet, unoffending Protestant citizens who were coming out of the church, and the military fired over the heads of the rioters upon the peaceable citizens. These are the facts in regard to the matter.

Now who takes the responsibilty of the affair? The mayor says that he did not order the troops to fire; the commanding officer says that he gave no orders to them to fire-nobody ordered them to fire. The fact was, the military came there and fired without orders and murdered some twenty or thirty citizens after the riot was all over; and this is the way the military preserve peace, is it? Why, Sir, there was hardly a single Catholic citizen killed-I do not speak of Catholics invidiously -but it is perfectly well known to every-body that the rioters were Catholics, and the people who were coming out of the church and who were fired upon and killed were nearly every one of them Protestants.

Let us take another instance--the great Chartist demonstration in England. I do not know that there was any danger of rebellion or revolution there, but it was regarded by many that there was danger; and how was it prevented? By the standing army of England? By no means. It was the citizen police of England. If the people had not shown that they were in favor of the preservation of law and order, do you suppose that the soldiery could have stood against that demonstration and quelled it? It could not have been done for a single moment. No, Sir! it was the people of England-the law-abiding, order-loving citizens, who, by their moral force quieted the

Mr. BANKS. I spoke of the riots, but not of rising waves of tumult-holders of government the military in that connection.

Mr. CHURCHILL, of Milton. I would like to inquire whether it was the militia or the regular

stock, if you will, who were interested in the preservation of the government on account of the national debt; but to whatever motives you at

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