To Thomas Jefferson from Jacob Wagner, 30 October 1806
30 Oct 1806
Respecting Insurrections
| See Act 2 May 1792— | Repealed | |
| See do. 28 Feby. 1795— | S.1. | |
| Militia may be used | to repel invasions | |
| to suppress an insurrection against a state, on the application of the Legislature, or, if it cannot be convened, of the Executive of the State | ||
| S.2. They may be employed to suppress insurrections against the U.S. (the Act of 2 May above mentioned made a certificate of a Judge of the U.S. necessary previously to the use of the militia, which this Act does not) | ||
| See Act of 2 March 1799 | Volunteers of the provisional army might be used as above (They were chiefly used to suppress the tumult in Northampton: but the Act is now not in force) | |
Enterprises against Foreign countries
| See Act of June 5th. 1794 | S.7. 3. vol. p. 93. |
| The land & naval forces may be used |
[Notation in Madison’s hand:]
Thus It does not appear that regular troops can be employed, under any legal provision agst insurrections—but only agst expeditions having foreign Countries for the object
DLC: Papers of Thomas Jefferson.