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John Whitmer, History, 1831–circa 1847

  • Source Note
  • Historical Introduction
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will depend upon contingencies. If upon enquiry it is found your people were wrongfully dispossessed of their arms of , then an order will be issued to have them returned; and should your men organize according to law, which they have a right to do, (indeed it is their duty, to do so, unless exempted by religious scruples.) and apply for public arms, the could not distinguish between their rights to have them and the right of any other description of people sim[il]arly situated.
As the request for keeping up a military force, to protect your people and prevent the commission of crimes, were I to comply it would transend the powers with which the of this is clothed
The federal constitution has given to Congress the power to provide for calling forth the Militia to execute the laws of the Union, suppress insurrections or impel invasions, and for these purposes the President of the is authorised to make the call upon the Executive of the respective States. And the laws of the State empower “the commander in Chief in case of actual or threatened invasion, insurection or war, or public danger, or other emergency, to call forth into actual service, such portion of the Militia as he may deem expedient.” These together with the general provisions in our State constitution that, “the Govenor shall take care that the laws are faithfully executed,” and call upon this bran[ch] of Executive power. None of these as I [p. 52]
will depend upon contingencies. If upon enquiry it is found your people were wrongfully dispossessed of their arms of , then an order will be issued to have them returned; and should your men organize according to law, which they have a right to do, (indeed it is their duty, to do so, unless exempted by religious scruples.) and apply for public arms, the could not distinguish between their rights to have them and the right of any other description of people similarly situated.
As the request for keeping up a military force, to protect your people and prevent the commission of crimes, were I to comply it would transend the powers with which the of this is clothed
The federal constitution has given to Congress the power to provide for calling forth the Militia to execute the laws of the Union, suppress insurrections or impel invasions, and for these purposes the President of the is authorised to make the call upon the Executive of the respective States. And the laws of the State empower “the commander in Chief in case of actual or threatened invasion, insurection or war, or public danger, or other emergency, to call forth into actual service, such portion of the Militia as he may deem expedient.” These together with the general provisions in our State constitution that, “the Govenor shall take care that the laws are faithfully executed,” and call upon this branch of Executive power. None of these as I [p. 52]
Page 52