without the approval of Congress. I think
that for our own protection we ought to
spell out the powers of the governor and
the powers of the General Assembly in the
use of the militia. If we are going to have
one, let us know what we are going to do
with it.
THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: Mr. Chairman,
several of the delegates have indicated that
the United States Constitution is exceed-
ingly brief on this subject. I would like to
read the provisions from the United States
Constitution on the subject:
"To raise and support armies, but no
appropriation of money for that use shall
be for a longer term than two years; to
provide and maintain a navy; to make
rules for the government and regulation
of land and naval forces; to provide for
calling forth the militia; to execute the
laws of the Union; suppress insurrection,
and repel invasions; to provide for or-
ganizing an army and disciplining the
militia, and for governing such parts of
them as may be employed in the service
of the United States, reserving to the
states respectively the appointment of
the officers and the authority of train-
ing the militia according to the discipline
prescribed by Congress."
I believe that we are not proceeding in
greater length or greater detail than the
United States Constitution on this partic-
ular subject.
THE CHAIRMAN: Delegate Hanson.
DELEGATE HANSON: Mr. Chairman,
I rise in support of the amendment. I think
that the exercise through which we have
just gone illustrates the wisdom of keep-
ing the Constitution in this matter as terse
as possible: to provide the essential power,
to permit the General Assembly to act, to
place the civilian head of government as
the commander-in-chief of the militia, and
to leave to the legislative representatives
and the governor the responsibility for and
the power to establish the regulations gov-
erning the militia.
THE CHAIRMAN: Is there any further
discussion? Delegate Storm.
DELEGATE STORM: Just one com-
ment, Mr. Chairman. Our present Consti-
tutional provision did not prescribe in de-
tail a number of things included in GP-I as
reported. It does seem to me that Delegate
Fox's suggested amendment enables us to
plan for the future with the militia. We all |
understand now what the militia does. The
governor sent it down to Cambridge, al-
though the present Constitution did not
empower him to do so.
I think this is really detail. Remember
that in writing a constitution we will get
a star for brevity if we enable it to pro-
vide all the necessities, and no more. 1 be-
lieve Delegate Fox has provided for all the
necessities.
THE CHAIRMAN: Delegate L. Taylor.
DELEGATE L. TAYLOR: I would like
to speak against the amendment by Dele-
gate Fox. I would speak from practical ex-
perience. I feel in time of emergency and
danger you can not wait for the General
Assembly to meet and call out the militia.
I remember an experience a few years
ago down in a certain county in Maryland,
I will not name the county, where I was
involved in a mob of people, and the state
troopers came in to save us. As a practical
matter, you cannot wait for the General
Assembly to save lives.
THE CHAIRMAN: Is there any further
discussion?
(There was no response.)
Are you ready for the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 6 to Committee Recom-
mendation GP-I. A vote Aye is a vote in
favor of the amendment. A vote No is a
vote against the amendment.
All those in favor, signify by saying
Aye; contrary, No. The Noes seem to have
it. The Chair is in doubt. A roll call vote.
A vote Aye is in favor of the amendment.
A vote No, a vote against.
(Whereupon a roll call vote was taken.)
THE CHAIRMAN: Has every delegate
voted? Does any delegate desire to change
his vote?
(There was no response.)
The Clerk will record the vote.
There being 39 votes in the affirmative
and 94 in the negative, the motion is lost.
The amendment is rejected. Delegate
Weidemeyer.
DELEGATE WEIDEMEYER: Mr.
President, I have Amendment No. 11.
THE CHAIRMAN: Has it been circu-
lated? |
