Thomas Jefferson Papers

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See Act 2 May 1792— Repealed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.

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