the Adjutant General, they cease any longer
to be under the State control, if this
amendment to the article is passed, it will ap-
ply to the soldiers during that preliminary
period; and that is the only period, I con-
tend, in which this article ia applicable to
them.
Mr. THRUSTON. I think the language used
here is eminently happy and proper, and I
think it meets every contingency. In the
first place, what is the meaning of the words
"by law?" Of course they mean, by the
laws of the State of Maryland. They have
no other meaning than that. Now what is
the law of the State of Maryland on the sub-
ject? The law of the State of Maryland is, in
all cases, no matter what soldiers they are,
whether of the State or of the nation, sub-
servient to the law of Congress. When the
laws of Congress come in conflict with them,
the laws of the State give way. The words
" by law" cover every case that may arise;
and therefore I say they are proper to beused
here. If these are soldiers under the au-
thority of the General Government, Congress
has supreme control over them; and that
control is our law, our supreme law; whereas
if they are our State soldiers, the words " by
law" include the laws of the State of Mary-
land. So that this expression covers every
case.
If you want the article to refer only to the
soldiers of the State, it will require a further
amendment of the Constitution so as to read
that " no soldier in the service of the State,
in time of war shall be quartered except in
the manner prescribed by law." As it now
stands it will meet every possible case. It
applies to the State soldier, and it applies to
the soldier under the authority of the Gen-
eral Government, where the law of Congress
prescribes the mode and manner. I do not
think the article can be better expressed than
it is.
Mr. THOMAS. In reply to the gentleman
from Prince George's (Mr. Clarke,) I will
state further that in section 4, article 4, of the
Constitution of the United States, it is pro-
vided that the United States shall guaranty
to every State of this Union a republican
form of government, and shall protect each
of them against invasion, and on the appli-
cation of the Legislature, or of the Executive
when the Legislature cannot be convened,
against domestic violence.
This provision as reported by the commit-
tee says that no soldier shall in time of peace
be quartered in any house without the con-
sent of the owner, nor in time of war except
in the manner prescribed by law." There is
no time in time of war when the State of
Maryland has any soldiers at all, unless it is
to protect itself from invasion or domestic
insurrection. And under this 4th section of
the 4th article of the Constitution of the Uni-
ted States, the United States Government is |
bound to prefect the State of Maryland, and
has protected the State of Maryland and other
States from invasion and Insurrection. The
troops raised by the State of Maryland for its
protection, come under the general provis-
ions of the laws of the United States. In the
war of 1812, the city of Baltimore raised its
own defenders to protect the city, and Mary-
land troops were raised to go to Bladensburg.
They went under colonels appointed by State
authority, but under the general supervision
of the laws of the United States, and were in
the United States Army for the time being.
say there is no conflict, and it would be a
piece of absurdity on our part to say that
after State troops have been raised by the
State and put into the army of the United
States, the State of Maryland by its Legisla-
ture should have the power to pass any law
regulating the mode and manner in which
they should be quartered while in the State.
Mr. MARBURY. I move to amend the amend-
ment by inserting the words "raised in the
State of Maryland" after the word " soldier."
When raising of soldiers in the State of Mary-
and is a matter of State authority, I con-
ceive that the Legislature of the State have
entire control over it, and I want to leave the
control with the Legislature of the State of
Maryland. When the soldiers are raised by
the authority of the General Government,
them I conceive that the Constitution of the
United States and the laws made in pursu-
ance of the Constitution of the United States
will provide for it. I think that will do
away with the whole difficulty which seems
to arise from the fact that members think that
soldiers raised in the State of Maryland can
be controlled by the United States Govern-
ment. I conceive that so long as they are
in the incipient stage of preparation for the
General Government, they are to be left un-
der the control of the State Legislature. I
offer this amendment to make it more clear
that they are exclusively under the control of
the State of Maryland. Then it will follow
as a necessary consequence of this clause,
under the old Latin maxim, " expressio unius
est exclusio alterius, I want this amendment
inserted with the view of making it clear that
we do not in this provision, in any shape or
form, interfere with the constitutional affairs
of the General Government.
Mr. STOCKBRIDGE. Is not this an original
amendment rather than an amendment to
the amendment? It does not relate to any
part of the amendment but to another part
of the article.
The PRESIDENT overruled the amendment to
the amendment.
Mr. CLARKE. The provision in the Con-
stitution of the United States does not at all
conflict with the views I expressed with re-
gard to the authority of the Federal Govern-
ment and of the State. I admit that by the
article of the Constitution of the United |
