The speech of His Excellency Governor Strong, delivered before the Legislature of Massachusetts, October 16, 1812

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THE

SPEECH

OF

HTS EXCELLENCY GOVERNOR 8TR0NG,

DELIVERED BEFORE THE

LEGISLATURE OF J^MSSACHUSETTS,

OCTOBER 16, 1812,

THE DOCUMENTS,

WHICH ACCOMPANIED THE SAME.

TO WHICH IS ADDED, '

THE ANSWER OF THE HOUSE OF REPRESENTATIT'ES,

PUBLISHED BY ORDER, &c

boston:

PRINTED BY RUSSELL. AND CI-TLER.

I

'1

SPEECH.

Gentlemen of the Senate — and

Gentlemen of the House of Representatwes^

THE period again approaches when Elec-
tors of a President and Vice-President of the United
States are to be appointed, and you have now assem-
bled that you may execute the important trust, of direct-
ing the manner of their appointment on the part of this
»State. I hope that nothing will interfere to prevent an
impartial discharge of this publiek duty. The language
of the Constitution on iliis subject is imperative. " Each
State shall appoint, in such manner as the Legislature
thereof may direct, a number of Electors." This form of
expression was necessary ; fur it is obvious, that if the
States should neglect to appoint Electors, the National
Government would be at an end. In addition to this, the
Constitution has required, that the members of the State
Legislatures, and all executive officers shall be bound
by oath or affirmation to support the Constitution. We
have taken this oath ; and have also sworn impartially
to perform all the duties incumbent on us as members
of the State Grovernment. Should this duty be neglect-
ed, the people of this state would, on this important oc-
casion, lose their political consequence, and be deprived
of the rights of citizens.

By a letter of the 12th of last June, the Secretary of
War requested me, by direction of the President, to
order into the service of the United States, on the re-
quisition of Major-General Dearborn, such part of
the quota of militia from this State, detached conform-

W0R20JUN'34

4i

ably to the act of the 10th of April last^ as he might
' deem necessary for the defence of the sea coast. On
the 22d of June I received a letter from Gen. Dear-
born, informing me that war was declared against Gr.
Britain, and requesting me to order forty-one compa-
nies of the detached militia into the service of the U.
States for the defence of the ports and harbours in this
State, and the harbour of Newport in the State of R.
Island ; and stating that the companies were intended
for the following ports and harbours, in the following
proportions : — For Passamaquoddy five companies,
for Machias one company, for Castine tliree compa-
nies, for Damariscotta and Wiscasset two companies,
for Kennebunk one company, for Portland five compa-
nies, for Marblehead, Salem, Cape- Ann and Newbu-
ryport, four companies, for Boston twelve companies,
and for Rhode-Island eight companies. I also receiv-
ed from Gen. Dearborn two other letters of June 26
and June 29 f on the same subject.

The Constitution of tlie U. S. declares that, ^' Con-
gress may provide for calling forth the militia to exe-
cute the laws of the Union, suppress insurrections and
repel invasions,"' and the act of Congress of April 10th
authorizing a detachment of 100,000 of the militia,
empowers tlie President to " call into actual service
any part, or the whole of said detachment in all the
exigencies provided by the Constitution.'' From these
clauses in the Constitution and law of April 10th, the
President derives his authority to call the militia of
the States into actual service ; and except in the exi-
gencies above mentioned he can have no authority by
the Constitution to do it. But there was no sugges-
tion, either in the letter from the War Department,
above referred to, or in those from Gen. Dearborn,
that this State or Rhode-Island was invaded, or in im-
minent danger of invasion : or that either of the exi-
gencies recognized by the Constitution and law of the
United States existed. If such declaration could have
been made with truth, it would undoubtedly have
been made. ''

Gren. Dearborn plainly supposed, that in consequence
of the act declaring war, he was authorized by virtue
of the power given Iiim by the President, to require any
part or the whole of our detached militia to be called
out and marched to such places in this and the other
States as he might think proper. If this construction
of the Constitution is correct, the President and Con-
gress will be able at any time, by declaring war, to call
the whole militia of the U. S. into actual service, and
march them to such places as they may think tit, and re-
tain them in service as long as the w ar shall continue.
It is declared indeed by the aforesaid act of April 10th,
that the said detachment shall not be compelled to serve
a ^^ longer time than six months after they arrive at the
place of rendezvous." But if tlie mere act of declaring
war gives a right to the National Government to call the
militia into service and detain them six months, it must
give a right to detain them six years, if the war contin-
ues so long ; and the National Government has the same
authority to call out the whole, as a part of the militia.

Heretofore it has been understood, that the power of
the President and Congress to call the militia into ser-
vice, was to be exercised only in cases of sudden emer-
gency, and not for the purpose of forming them into a
standing army or of carrying on offensive war. But
according to the above construction, the right to employ
the militia is made to depend, not upon contingencies
which the National Government might be unable to
foresee or provide against, but upon its own act — upon
the existence of a state of war, which the Government
has a right to declare as often, and continue so long,
as it may tliink proper.

Although many of the most important attributes of
sovereignty are given by the Constitution to the Gov-
ernment of the U. S. yet there are some which still be-
long to the State Governments ; of these, one of the
most essential is the entire control of the militia, except
in the exigencies above mentioned ; this has not been
delegated to the United States — it is therefore reserved
to the States respectively ; and whenever it shall be

6

taken from theiiij aud a consolidation of the military
force of the States shall be effected, the security of the
State Governments will be lost, and they will wholly
depend for their existence upon the moderation and for-
bearance of the National Government.

I have been fully disposed to comply with the require-
ments of the Constitution of the United States and the
laws made in pursuance of it, and sincerely regretted
iliat any request should be made by an Officer of the
National Government to which I could not constitution-
ally conform. But it appeared to me that the requisi-
tion aforesaid was of that character ; and I was under
the same obligation to maintain the rights of the State,
as to support tlie Constitution of the U. S. If the de-
mand was not warranted by the Constitution, I should
have violated my duty in a most important point, if I
had attempted to enforce it, and had thereby assisted in
witlidrawing the militia from the rightful authority of
the State. Besides, if the measure was not required
l)y the Constitution, it would have been oppressive, as
tlie militia must have been called from their occupations
to places remote from their homps^ and detained in the
service during the busy season of the year. I, therefore,
on the third day of July, issued a general order ; and
on the same day wrote to Gen. Dearborn, that I had
directed the Adjutant-General to furnish him with a
copy of it ; and that after mature reflection I had en-
deavoured, in that order, to pursue the course w hich my
duty, in relation to the request contained in his letter
of June 22d, required of me.

Afterwards, by a letter of July 15th, Gen. Dear-
born informed me, that having received orders to leave
the sea coast, where he was ordered for the purpose of
taking the necessary measures for placing the towns
and garrisons in a state of defence against the invasion
or attack of the enemy, and to repair to Albany, it be-
came his duty to request me to order out such part of
the detached militia as the ^Jresew^ state of war re-
quired, the number being stated in his letter of the 22d
June ; and that as other objects would require the ser-

vice of a great part of the regular troops, it would be-
come his duty to order them from tlie sea board. This
letter I had no opportunity of answering before Gren.
Dearborn left the State. But I presumed if this State
was in danger of invasion, that the regular troops
would not be ordered to Albany, and if they were so
ordered, that the militia were not liable to be called in-
to service and stationed in the forts of the U. States to
do garrison duty, when no danger of invasion appear-
ed.

On the S7th of July, I received a letter from the
Secretary of War, of the 21st of that month, stating
that orders had been given to Gen. Dearborn to move
the regular troops to the northern frontier, leaving a
suflBcient number to man the guns in the garrisons on
the sea board, and rencAving the requisition aforesaid.
In this letter he says, ^^ The danger of invasion which
existed at the time of issuing the order of the Presi-
dent, increases." This expression was peculiarly
guarded, as the order of the President was issued be-
fore war was declared. However, as this and the last
letter of Gen. Dbakborn^ spp.mecl to imply that there
was some danger of invasion, and as the measures to
be taken on my part were of importance, I thought it
expedient to convene the Council, and request their
advice on the subject of the foregoing letters. The
Council advised, that they were unable from a view of
the Constitution of the United States, and tlie docu-
ments aforesaid, to perceive that any exingency existed
which could render it adviseable to comply with the
said requisition. But as upon important questions of
law, and upon solemn occasions, the Governor and
Council have authority to require the opinion of the
Justices of the Supreme Judicial Court, that it was ad-
viseable to request the opinion of the Supreme Court
upon the following questions, viz.

1st. Whether the Commanders in Chief of the militia
of the several States, have a right to determine wheth-
or any of the exigencies contemplated by the Constitu-
tion of the United States exist, so as to require them

8

to place the militia, or any part of it, in the sei*viee of
the United States, at the request of the President, to
be commanded by him pursuant to acts of Congress ?

2d. Whether, when either of the exigencies exist,
authorizing tlie employing the militia in the service of
the United States, the militia thus employed, can be
lawfully commanded by any officer but of the militia,
except by the President of the United States ?

After the above request was made to the Supreme
Court, a person deputed by the inhabitants of Eastport
and Robinstown, on our eastern boundary, applied to
me, representing that there were many lawless people
on the borders, from whom they had serious apprehen-
sions of an attack, and requesting that a number of the
militia might be stationed in those towns. The Coun-
cil advised that three companies of the detached mili-
tia should be called into the service of the United
States for their protection. On the 6th August I issu-
ed an order for that purpose, and directed that two of
the companies should be stationed at Eastport, and one
company at Robinstown, until the President should

other wise direct 5 and the same <lay, by a letter to the

Secretary of War, informed him of the transactions a-
foresaid — and having received the opinion of the Judg-
es on the above questions, inclosed to him their answer.
A copy of that opinion and the letters and papers above
referi'ed to, will be laid before you by the Secretary.

Soon after the declaration of war, several towns on
the sea coast applied to the Governor and Council for
arms and ammunition, as many persons who were ex-
empt from military duty, were destitute of the necessa-
ly means of defence. Agreeably to the advice of the
Council, they were, in some instances, furnished with
those articles. By inspecting the returns of the Quar-
ter-Master- Greneral, you will be convinced of the ne-
cessity of obtaining a further supply of small arms and
military stores, and the more so, as our defence on the
seaboard seems almost wholy to be confided to the mi-
litia. We have in this state several hundred miles of
Stea coast, a number of islands near the coast are inhab

9

IIimI by our citizens, and more tlian one hundred of our
towns may be approached ))y tha enemy's ships. It is
obvious tlierefore tl>at only a maritime defence can af-
ford them full security. Still, however, we should em-
ploy such means as we possess for their protection, and
to this end, it will be necessary that the whole militia
sliould be armed and equipped in the best possible
nianner, and ready to march at the shortest notice, and
in case of invasion that anns should be in readiness for
every man who is able to bear them. In this way it is
probable that our defensive force, and the general se-
curity of the seaboard will be as great, as if portions of
the militia were drawn from every part of the State,
and stationed in a few of the large towns on the coast.

While the War, in which we are unhappily involv-
ed, continues, it is to be carried on only in the name
and by direction of the public. The people cannot act
11 f themselves except for the defence of their posses .
>i- :is and territories. Without the commission or par-
tie uiar order of the Government, they have no right to
commit hostilities or undertake any oifensive expedi-
tion. In modern warfare the troops alone carry on
the war, while the rest of the people peaceably fol-
low their callings ; and if they refrain from hos-tilities,
have generally but little to fear from the enemy's arras.

For many years, and until within a late period, the
nations of Europe have made war with moderation
and generosity, and in a manner which ' proved they
had not forgotten that their enemies were men, and
might afterwards become friends. Indeed war is so
dreadful in its effects, and so destructive to human
happiness, that the law of nature allows of it only in the
utmost extremity ; and requires, that Avhen it is resort-
ed to, the persohs engaged in it shall endeavor to mi-
tigate its horrors as far as tlieir safety will permit, by
the exorcise of justice and humanity. These princ'-
ples of tlie law of nature are contirmed by the precepts
of the Christian religion.

Whatever sentiments may prevail among the people
of this Stat^ concerning the justice or expediency of tlic

10

present War, I hope and trust that they will perfonis
the duties enjoined on them by our Constitutions and
Laws, and that they will do nothing to obstruct the
Grovernment in the constitutional measures they may
think proper to adopt. If those measures are thought
to be unjustifiable or particularly injurious to this part
of the Union, let us cherish a confidence in the wis-
dom and the justice of the otlier States, and wait with
patience for the remedy provided by the Constitution.
In the mean time, let us regard with abhorrence those
violent personal outrages, which are fatal to the peace
and disgraceful to the character of any people ; let us
be watchful and determined to prevent tumults and
disorders of every kind, by which our internal tranquil-
lity would be endangered, and be as willing to in-
dulge in otliers the right of expressing their opin-
ions of publick measures, as we are to exercise that
right ourselves.

I shall readily co-operate Avith you^ Gentlemen, in
any measures that may be thought conducive to the
defence and tranquillity of the State, and the preserva-
tion and security of tlie Union ; and may the God of
our Fathers protect us in tliis calamitous period, and
guide us in the way of duty and asfety.

CALEB STRONG.

October i% 1812.

DOCUMENTS

WAR DEPARTMENT,

June 12, 1812.

I am directed by the President to request
your Excellency to order into the service of the Uni-
ted States, on the requisition of Major General Dear-
born, such part of the quota of militia from the State
of Massachusetts, detached conformably to the act of
April 10, 1812, as he may deem necessary for the
defence of the seacoast.

With great respect,

I have the honour to be
Your Excellency's
Obedient servant,

W. EUSTIS,

His Excellency the Governor of the
State of Massachusetts,

HEAD QUARTERS BOSTON,

June, 22, 1812.

To His Excellency Caleb Strong.

Sir,

I have received instructions from the Pres-
ident of the United States, to call on your Excellen-
cy for such part of the quota of the militia of Massa-
chusetts, which was detached conformably to the act
of Congress of April 10, 1812, as I may deem neces-
sary for the defence of the sea-coast ; and I now have
the honour of requesting your Excellency to order

fourteen companies of ^rtillery^ and twenty- seven
companies of Infantry into the service of the United
States, for the defence of the posts and harbours in
tliis State, and the liarbour of Nevrport in the State
of Rhode-Island. The companies are intended for
the following posts and harbours in the following pro-
portions. For Passamaquoddy one company of Ar-
tillery and four companies of Infantry, to be com-
manded by a Major. For Machias one company of
Artillery. For C as tine one company of Artillery and
two companies of Infantry, to be commanded by a
Major. For Damariscotta and Wiscasset two com-
panies of Aitillery. For Keunebunk one company
of Artillery. For Portland two companies of Artille-
ry and three companies of Infantry, to be command-
ed by a Major. For Marblehead, Salem, Cape-Ann
and Newburyport, two companies of Artillery and
two companies of Infantry. For Boston four compa-
nies of Artillery and eight companies of Infantry,
with a Lieut. Col. and one Major. For the defence
of Rhode-Island eight companies of Infantry, with a
Lieut. Col. and one Major.

Having received oflBeial information that War has
been declared by Congress against Great Britain,
your Excellency will perceive the expediency of giv-
ing facility to such measures of defence as the crisis
demands, and as the defence of the sea-eoast of New
England is by the General Government confided to
my direction, I shall with confidence rely on all the
aid and support that the respective Governors of the
New England States can afford ; and in a special
manner on that of the Commander in Chief of the iiii-
portant State of Massachusetts. And I shall at all
times receive with the greatest pleasure and readiness
any advice or information that your Excellency may
f)e pleased to communicate.

With respectful consideration,

I am. Sir, vour obedient servant,

H. DEARBORN.

13

HEAD QUARTERS BOSTON, )

June 20, 1812. ^

To His Kxcellency Caleb Strong.

Sir,

Not having received any notice from your
Excellency, or from the Adjutant General, of the
measures which have heen taken, for calling into the
service of the United States, for the defence of the
sea coast, the companies of militia proposed in the
note I had the honour of addressing to your ExceL
lency on the 32d instant, a sense of duty compels
me to solicit such information on the subject, as the
urgency of the crisis demands ; and I am pursuaded,
that no unnecessary delay will disappoint any anxious
desire for as early an answer as circumstances will
admit of.

With great respect,

T have the honour to be your

Excellency's most obedient servant,

H. DEARBORN, Maj. Gen.

Boston, June 2(j, 1S12,
Major General Dearborn.

Sir,

I have received your letter of this day, in
which you request information of the measures which
have been taken for calling the militia into the service
of the United States. I find that Governor Gerry on
the 25th of April last, ordered that ten thousand men
should be detached from the militia of tliis state. But
I am informed by the Adjutant General, that the re-
turns of those detachments have not come to hand,
except in a very few instances.

I am. Sir, with great respect,

Your most obedient servant,

C. STRONG

14

HEAD QUARTERS BOSTON,

June 29, 1812.

His Excelleincy Governor Strong.

Sir,

I have been honoui'ed with your Excellen-
cy's note of the 26th instant. Returns having been
made of the detachments of militia from ten brigades
and principally from those on the sea board, I take
the liberty of suggesting the expediency of ordering
out the full proportion of companies from those brig-
ades, and of giving the necessary orders to others
whose returns have not yet been received. May it
not be presumed tliat although the returns have not
all been forwarded, the general oificers would, on re-
ceiving your Excellency's orders, turn out their re-
spective quotas.

I am, Sir, your humble servant,

H. DEARBORN, Maj. Gen.

Boston, July 3, 1812.

Major General Dearborn.

Sir,

I have issued a General Order of this date,
with a copy of which I have directed the Adjutarit
General to furnish you ; in which, after mature re-
flection, I have endeavoured to pursue the course that
my duty, in relation to the request contained in your
letter of June 22d, requires of me.

I am. Sir, with great respect,

your most obedient and humble servant,

C. STRONG.

15

Commonwealth of Massachusetts.

GENERAL ORDERS.

HEAD QUAUIEUS BOSTON,

July 3, 1812.

War liaviiii;; been declared by the government of the
United States agahist Great Britain and Ireland, and
the dependencies thereof, the Commander in Chief
calls upon the militia of Massachusetts duly to notice
the solemn and interesting crisis, and exhorts them to
meet the occasion with constancy and firmness.

When war is commenced, no human foresight can
discern the time of its termination, or the course of
events that must follow in its train ; — but the path of
duty is the path of safety, providence seldom abandons
to ruin those, avIio, to a just reliance on the superinten-
ding influence of Heaven, add their own vigilant and
btrenuous exertions to preserve themselves. — At the
present moment, therefore, the Commander in Chief
earnestly recommends to the officers of every grade,
a close and persevering attention to the duties result-
ing from their several stations — particularly that they
acquire and maintain a perfect knowledge of the condi-
tion of their respective commands, and see, as far as is
in their poAver, that their men are duly armed and
equipped, that the time allotted to trainings be devoted
to the instruction of non-commissioned officers and sol-
diers in the exeraise of arms, and in the practice of
evolution as prescribed in the established regulations ;
and that the provisions and intentions of the laws, be-
ing in every respect fulfilled, they may be ready with
alacrity and effect to defend their country, their con-
stitutional rights, and tliose liberties which are not on-
ly our birthrights, but which, at the expense of so
much blood and treasure, were purchased in the late
revolution.

From the docility, from the good sense and patriot-
ism of the non-commissioned officers and soldiers, the

16

Commander in Chief is led to expect a patient subirtis-'
sion to the instructions of their officers prompt obedi-
ence to orders, and the practice of all those military
and masculine virtues which adorn the soldier and
exalt the man.

To all the Militia, both officers and soldiers, the
Commander in Chief would superadd an earnest ex-
hortation, as they are citizens as well as soldiers, to
cultivate a spirit of candour, of friendship, and mutual
forbearance, and an ardent love of country, that shall
elevate them above all sinister views, and eventually
secure to them and their children, the blessings of
peace, of liberty, and good government.

The Commander in Chief requires, that particular
attention be paid to the town magazines — that they
are fully provided with the ammunition, military stores
and utensils which the law directs ; and the Brigade
Quarter Masters are required to perform their duty
with promptitude and exactness.

In such divisions as have not completed the detach-
ment of ten thousand men called for by the General
Orders of the 25th day of April last, the Major Gen
erals or commanding officers of those divisions are
enjoined to attend to that service without delay, and
to make and complete the detachments from their re-
spective corps, of their several quotas of the said ten
thousand men, and to make return of the same as^
speedily as may be to the Adjutant General — the said
Generals and other officers will take care that the Mi-
litia so detached, are duly provided with the efficient
arms and accoutrements necessary for actual service.
The Militia detached by the Orders above alluded
to, afler they are formed conformably to said Orders,
will hold tliemselves in readiness to march on the
shortest notice, pursuant to the orders to be given by
the Commander in Chief, unless in case of actual in-
vasion, or imminent danger thereof, in which case,
without Avaiting for such orders, they will march,
Avithout delay, to the defence of any part or parts of

this Commonwealth that shall be so invaded, or in
imminent danger of invasion — -and when in the actual
service of the United States will be under the com-
mand of the President, agreeably to the constitution
of the United States.

And whereas the quota of {en thousand Militia, re-
quired as aforesaid, being to be raised from the sev-
eral divisions and corps throughout the Common-
wealth, cannot he assembled in time to repel a sud-
den invasion ; and to embody them previously, and
keep them in constant service, would be extremely
burdensome, and even if assembled would not be ad-
equate to the defejice of the numerous points on a
coast of several hundred miles in extent 5 the Com-
mander in Chief further orders and directs, that the
Generals and other officers of Uie whole Militia of ihe
Commonwealth, bearing in mind the possibility of a
sudden invasion, hold themselves, and the corps of
Militia under their respective commands, in constant
readiness to assemble and march to the defence of any
part or parts of the Commonwealth, pursuant to the
orders to be given by him ; but without waiting for
such orders, in case of actual invasion, or such immi-
nent danger thereof as will not admit of delay.

By the General Orders above mentioned of the 25th
of April last, three Major Generals and six Brigadier
Generals were assigned to command in that detach-
ment, without being regularly detailed from the Ros-
ter. Tlie Commander in Chief therefore orders, that
the following General Officers, being detailed from
the Roster as the hiw directs, be appointed to
command in the said detachment, in lieu of the
General Officers named in the General Orders afore-
said, viz.

Wesfprn Division.
Major General EHENEZER MATTOON,
Brigadier General CALEB BURBANK,
Bri-adier General ISAAC MAUTBY.

lb

Eastern Division.
Major General HENRY SEW ALL,
Brigadier General JOHN BLAKE,
Brigadier General DAVID PAYSON.

Southern iJivision.

Major General JOSEPH B. VARNUM,

Brigadier General EBENEZER LOTHROP,

Brigadier General WILLIAM HILDRETH.

By order of the Commander in Chief.

WILLIAM DONNISON,

tidjutant General.

HEAD QUARTERS BOSTON,

• July 1j5, 1812.

His Excellency Caleb Strong.
Sir,

Having received Orders to leave the sea-
coast, where I was ordered for the purpose of taking
the necessary measures for placing the towns and
garrisons in a state of defence against the invasion or
attack of the enemy, and to repair to Albany ; it be-
comes my duty again to request your Excellency to
order out such part of this State's quota of the detach-
ed militia as he present state of war requires. The
numbers I bad the honour to state to your Excellency
in my letter of the 32d ult. As the other objects will
require the service of a great part of tlie regular
troops, it will become my duty to order them from
the sea-board, and of course I must leave some part
of the coast with less protection against those depre-
dating parties of the enemy, that may attempt inva-
sion for the mere purpose of plunder, than prudence
would have justified, if a suitable number of the mili-
tia should not be ordered out in conformity with the
views and intentions of the President of the United
States as heretofore expressed. If your Excellency
ishall consider it expedient to have the militia turned

19

out for the proposed purposes, I will with pleasure
afl'ord all the aid in my power for effecting the intend-
ed ohjects, consistently with the oiders I have receiv-
ed. As early an answer as your Excellency can
make convenient, will be very desirable.
1 liave the honour to be, very respectfully,

Your Excellency's most obedient servant,

H. DEARBORN, Maj. Gen,

AVAR DEPARTMENT,
July 21, 1812.

Sir,

By information received from Major Gener-
al Dearborn, it appears that the detachments from the
militia of Massachusetts for the defence of the mari-
time fronti^*, required by him under tlie authority of
the President, by virtue of the act of the 1 0th of
April, 1812, have not been marched to the several
stations assigned them.

Inasmuch as longer delay may be followed with
distress to a certain portion of our fellow citizens, and
with injurious consequences to our country, I am com-
manded by the President to inform your Excellency
tliat this arrangement of the militia was preparatory
to the march of the regular troops to the northern
frontier. The exigencies of the service have requir-
ed, and orders have accordingly been given to Major
Greneral Dearborn, to move the regular troops to that
frontier, leaving a sufficient number to man the guns
in the garrisons on the sea-board. The execution of
this order, increases, as your Excellency cannot fail
to observe the nec6v«sity of hastening the detached
militia to their several posts as assigned by General
Dearborn ; in which case they will of course be con-
sidered in the actual service and pay of the United
States.

The danger of invasion which existed at the time
of issuing the order of the President, increases ; and

20

1 am specially directed by the President to urge this
consideration to your Excellency, as requiring tlie
necessary order to be given for the immediate march
of the several detachments speciiled by General Dear-
born, to their respective posts.

I have the honour to be, very respectfully,
Sir, your Excellency's obedient servant,

WILLIAM EUSTIS.
His Excellency Caleb Strong,
Governor of J)Iassachusetts.

Boston, August 1, 1812.

The Honourable tJie Justices of the Supreme Judi-
cial Court of the Commonit'ealth of Massachusetts.

Gentlemen,

Having laid before the Council of this State a let-
ter from the Secretary of War of the IStli of June
last, and letters dated June 22, and July 15, 1813,
vhich I received from Maj. Gen. Dearborn, and al-
so a letter vvliich I have received from the Secretary
of War of July 21, 1812, requesting their advice
what measures ought to be adopted in consequence
of the requisition expressed in the said letters.

The Council thereupon advised that, as upon im-
portant questions of law and upon solemn occasions,
the Governor and Council liave authority by the con-
stitution to require the opinions of the Justices of the
Supreme Judicial Courts ; it is advisable to request
the opinion of the Justices of the Supreme Judicial
Court on the following questions, to wit : —

1. Whether the Commanders in Chief of the Mi-
litia of the several States have a right to determine
whether any of the exigencies contemplated by the
constitution of the United States exist, so as to.require
them to place the Militia, or any part of it, in the
service of the United States, at the request of the
President, to be commanded by him pursuant to
acts of Congress.

2i

2. Whether;, when either of the exigencies exist au-
thorizing the employing of the Militia in the service
of the United States, the Militia thus emplo^-^d can
be lawfully commanded by any oiRcers but of the
Militia, except by tlie President of the United States.
In conformity with the foregoing advice of the
Council, 1 request you, Gentlemeu, to state to me
your opinions on the questions above mentioned, ds
soon as conveniently may be. The Secretary will
deliver you herewith the letters above mentioned.
I am, Gentlemen, witli great respect,

Your most obedient servant.

CALEB STllONG.

To his Excellency the Govebnor and the Honoura-
ble Council of the Commonwealth of Massachu-
setts.

The undersigned. Justices of the Supreme Judi-
cial Court, have considered the several questions
proposed by your Excellency and Honours for their
opinion.

By the constitution of this State, the authority of
commanding the Militia of the Commonwealth is
vested exclusively in the Governor, who has all the
powers incident to the office of Commander in Chief,
and is to exercise them personally or by subordinate
officers Under his command, agreeably to the rules
and regulations of the constitution and the laws of the
land.

While the Governor of the Commonwealth remain-
ed in the exercise of these powers, the federal con-
stitution was ratified, by which was vested in the
Congress a power to provide for the calling forth the
Militia, to execute the laws of the Union, suppress
insurrections and repel invasions ; and to provide for
governing such' part of them as may be employed in
the service of the United States, reserving to the

23

Stales respectively the appointment of the officers.
The federal constitution further provides, that the
President shall be commander in chief of the army
of the United States and of the Militia of the several
Stages, whe^i called into the actual service of the Uni-
ted States.

On the construction of the federal and state consti-
tution must depend the answers to the several ques-
tions proposed. As the Militia of the several States
mnj be employed in the service of the United States
for the three specific purposes of executing the laws of
ihe Union, of suppressing insurrections and repelling
iiiva<*ions,the ojiinion of the Judges is requested, wheth-
er ihe Commanders in Chief, of the Militia of the sev-
«?ral States have a right to determine whether any of
tlie exigencies ;iforesaid exist, so as to require them to
plsce the Militia, or any part of it, in the service of
the United States, at the request of the President, to
fee commanded by him pursuant to acts of Congress.

It is the opinion of the undersigned, that this right
is vested in the Commander in Ciiief of the Militia
of the several States.

The federal constitution provides, that when either
©f these exigencies exist, the Militia may be employ-
ed, pursuant to some act of Congress, in the service
of the United States ; but no power is given either
to tlie President or to the Congress to determine tha
either of the said exigencies do in fact exist, as this
power is not delegated to the United States by the
federal constitution, nor prohibited by it to the States,
it is reserved to the States respectively ; and from
tlie nature of the power it must be exercised by those
with whom the States Jmve respectively entrusted the
chief command of the Militia.

It is the duty of these commanders to execute
tills important trust agreeably to the laws of their
several States respectively, without reference to the
laws or officers of the United States, in all cases, ex-
cept those specially provided in the federal const!-

23

tutioii. Tiicy must therefore (leterniiiie when either
of the special cases exist oblij^ing them to relinquisb
the execution of tliis trust, and to render themselves
and the Militia subject to the command of the Presi-
dent. A diiferent construction, giving to Congress
the riglit to determine when these special cases exist,
authorizing them to call forth the whole of the Mili-
tia, and taking them from the Commanders in Chief
of the several States and subjecting them to tlie com-
mand of the President, would place all the Militia
in effect at the will of the Congress and produce a
military consolidation of the States, without any con-
stitutional remedy against the intentions of the peo-
ple when ratifying the federal constitution. Indeed
since the passing of the act of Congress of February
28, 1795, c. 101, vesting in the President the power
of calling forth the Militia whe^l the exigencies men-
tioned in the constitution shall exist, if the President
has the power of determining when those exigencies
exist, the Militia of the several States is in fact at Ms
command and subject to his controul.

No inconveniences can reasonably be presumed to
result from the construction w hich vests in the Com-
manders in Chief of the Militia in the several States
the right of determining when the exigencies exist
obliging them to place the Militia in the service of
the United States. These exigencies are of such a
nature, that the existence of them can be easily as-
certained by or made kno^vn to the Commanders in
Chief of the Militia ; and w hen ascertained, the pub-
lic interest will induce a prompt obedience to the
acts of Congress.

Another question proposed to the Consideration of
the Judges is, w hether, when either of the exigeacie>!i
exist authorizing the employing of tlie Militia in the
service of the United States, the Militia thus employ-
ed can be lawfully commanded hj any officer but of
the Militia, except by the President of the Ignited
States.

S4

The federal constitution declaies that the Presidtni
shall be the Commander in Chief of the army of the
United States. He may undoubtedly exercise this
command by officers of the army of the United States
by him commissioned according to law. The Presi-
dent is also declared to be the Commander in Chief
of the Militia of the several States^ when called into
the actual service of the United States, The officers
of the Militia are to be appointed by tlie States ; and
the President may exercise his command of the Mi-
litia by the officers of the Militia duiy appointed.
But we know of no constitutional provision authori-
zing any officer of tlie army of the United States
to command the Militia;, or authorizing any officer of
the Militia to command the army of the United States.
The Congress may provide laws for the government
of the Militia when in actual service ; but to extend
this power to the placing them under the command
of an officer, not of the Militia, except the President,
would render nugatory the provision that the Militia
are to have officers appointed by the States.

The union of the Militia in the actual service of
the United States with the troops of the United
States, so as to form one army, seems to be a case
not provided for or contemplated in the constitution :
It is therefore not within our department to deter-
mine on whom the command would devolve on such
an emergency, in the absence of the President.
Whether one officer either of the Militia or of the
army of the United States to be settled according to
military rank should command the whole ; whether
the corps must be commanded by their respective
officers, acting in concert as allied forces ; or what
other expedient should be adopted ; are questions to
be answered by others.

The undersigned regret, that the distance of the
other Justices of the Supreme Judicial renders it im-
practicable to obtain their opinions seasonably upon
the questions submitted.

(Signed.) THEOP. PARSONS.

SAMUEL SEWALL.
ISAAC PARKER,

35

Boston, August 5, 1812.

The Honourable William Eustis^ Secretary at War^
Sir,

I received your letter of the Slst of July, when at
Northampton, and the next day came to Boston.
The people of this State appear to be under no ap-
prehension of an invasion — several towns indeed on
the sea coast, soon after tlie declaration of war, applied
to the Grovernor and Council for arms and ammuni-
tion, similar to the articles of that kind which had
been delivered to them by the State in the course of
the last war, and in some instances they were suppli-
ed accordingly. But they expressed no desire that
any part of the militia should be called out for their
defence, and, in some cases, we were assured such a
measure would be disagreeable to them.

You observe in your last letter, that the danger of
invasion which existed at the time of issuing the or-
der of the President, increases. It would be difficult
to infer from this expression, that in your opinion,
that danger is now very considerable, as the Presi-
dent's order must have been issued before war was
declared, your former letter being dated the 12th of
June, and General Dearborn's, who was then at Bos-
ton, on the 22d of that month ; — besides, it can hard-
ly be supposed that, if this State had been in great
danger of invasion, the troops would have been called
from hence, to carry on offensive operations in a dis-
tant Province — however, as it was understood that
the Governor of Nova Scotia had by Proclamation
forbid any incursions or depredations upon our terri-
tories, and as an opinion generally jirevailed, that
the Governor has no authority to call the militia into
actual service, unless one of the exigencies contem-
plated by the constitution exists, 1 thought it expedi-
ent to call the Council together, and having laid before
them your letters, and those which I had received
from General Dearborn, T requested their advice on
the subject of them.

4

^6

The Coiuicil advised " that they are unable, from
a view of the constitution of the United States and
the letters aforesaid, to perceive that any exigency ex-
ists which can render it adviseable to comply with
the said requisition. But as upon important ques-
tions of law and upon solemn occasions the Grovernor
and Council have authority to require the opinion of
the Justices of the Supreme Judicial Court, it is ad-
viseable to request the opinion of the Supreme Court
upon the following questions, viz.
1. Whether the Commanders in Chief of the militia
of the several States have a right to determine
whether any of the exigencies contemplated by the
constitution of the United States exist, so as to re-
quire them to place the militia, or any part of it, in
the service of the United States, at the request of
the President, to be commanded by him pursuant
to acts of Congress ?
"Z. Whether, Avhen either of the exigences exist au-
thorising the employing of the militia in the service
of the U. States, the militia thus employed can be
lawfully commanded by any officer but of the mili-
tia, except by the President of the United States ?"
I inclose a copy of the answers given by the Judges
to these questions.

Since the Council were called, a person deputed
by the towns of Eastport and Robbinstown, on our
eastern boundary at Passamaquoddy, applied to me ;
representing that they had no apprehensions of inva-
tion by an authorized British force, but that there
were many lawless people on the borders, fl'om whom
they were in danger of predatory incursions, and re-
questing that they might be furnished with some arms
and ammunition, and that three companies of militia
might be called out for their protection. The Coun-
cil advised that they should be supplied with such
arms and ammunition as were necessary for their
present defence, which has been ordered. They al-
so advised me to call into the service of the United

States three companies of the detached militia for the
purposes above mentioned, I have this day issued
an order for calling out three companies of the de-
tached militia to be marched forthwith to Passama-
quoddy and to be commanded by a Major : two of
the companies will be stationed at Eastpart, and one
company at Robbinstown, until the President shall oth-
erwise direct.

I have no inclination officially to interfere in the
measures of the General Goverment, but if the Presi-
dent was fully acquainted with the situation of this
State, I think he would have no wish to call our mi-
litia into service in the manner proposed by General
Dearborn.

It is well known that tlie enemy will find it diffi^
cult to spare troops for the defence of their own ter-
ritory, even predatory incursions are not likely to
take place in this State, for at every point, except
Passamaquoddy, which can present an object to those
incursions, the people are too numerous to be attack-
ed by such parties as generally engage in expeditions
of that kind.

General Dearborn proposed tliat the detached mi-
litia should be stationed at only a few of the ports
and places on the coast — from tlie rest a part of the
militia were to be called away ; this circumstance
M ould increase their danger — it would invite the ag-
gressions of the enemy and diminish their power of
resistance.

The whole coast of Cape Cod is exposed as much
as any part of this State to depredations — part of the
militia must, according to the detaching orders, be
marched from their homes, and yet no place in the
old Colony of Plymouth is assigned to be the rendez-
vous of any of the detached militia.

Every harbour or port within the State has a compact
settlement, and generally the country around the har-
bours is populous. The places contemplated in Gen-
eral Dearborn's specification as tlie rend<^zvous of the

2S

detached militia, excepting one or two instances, coitv
tain more of the militia than the portion of the de-
tached militia assigned to them. The militia are
well organized, and would undoubtedly prefer to de-
fend their fire-sides in company with their friends,
under their own officers, rather than to be marched to
some distant place, while strangers might be introdu-
ced to take their places at home.

In Boston the militia is well disciplined and would
be mustered in an hour upon any signal of an ap-
proaching enemy, and in six hours the neighbouring
towns could pour in a greater force than any invading
enemy will bring against it.

The same remark applies to Salem, Marblehead
and Newburyport, places whose harbours render an
invasion next to imposible ; in all of them there are,
in addition to the common militia, independent corps
of Infantry and Artillery well disciplined and equip-
ped, and ready, both in disposition and means, to re-
pair to any place where invasion may be threatened,
and able to repel it, except it should be made by a
fleet of heavy ships, against which nothing perhaps
but strong fortifications, garrisoned by regular troops
would prove any defence until the enemy should land,
when the entire militia would be prepared to meet
them.

Kennebunk is unassailable by any thing but boats,
which the numerous armed population is competent to
resist ; — Portland has a militia and independent corps
suflRciently numerous for its defence, and the same is
the case with Wiscasset and Castine.

Against predatory incursions the militia of each
place would be able to defend their property, and in
a very short time they would be aided, if necessary,
by the militia of the surrounding country ; in case of
a more serious invasion, whole Brigades or Divisions
could be collected seasonably for defence. Indeed,
considering the state of the militia in this Common-
we^alth; I think there can be no doubt, that detaching

29

a part of it and distributing it into small portions
will tend to impair the defensive power.

I have thus freely expressed to you my own senti-
ments, and so far as I have heard, they are the sen-
timents of the best informed men. I am fully dispos-
ed to afford all the aid to the measures of the Na-
tional Government which the constitution requires of
me ; but I presume it will not be expected or desir-
ed that I shall fail in the duty which I owe to the
people of this State, who have confided their interests
to my care.

I am, Sir, with respect,

your most obedient, and
humble servant,

C. STRONG,

Commonwealth of Massachusetts.

GENERAL ORDERsT^

HEAD QUARTERS, BOSTON,

August 5th, 1813,

By the General Order of the 3d of July last. Major
General Henry Sewall is appointed to command the
Eastern Division of the Militia, which was detached
under the Order of the 25th of April last, consistins;
of all the detached Militia in the District of Maine.

The Commander in Chief having been requested by
Major General Dearborn, by order of the President
of the United States, to direct a part of the Militia,
detached under the said Order of the 25th of April,
to march to Passamaquoddy, for the defence of tho
posts and harbours on the eastern border of this Com-
monwealth ; and considering that that part of the State
is in a peculiar manner in danger of invasion, and that
disorderly persons may attempt to disturb and annoy
the peaceable inhabitants in that neighbourhood, and
endanger their lives and property ; has thought lit to
order, and dotli hereby order, that throe fall compa-

nies of liilaiitry, oi' the Eastern detached Divisicru of
Militia, be designated by Major Greiieral Sewall ; and
after being completely armed and equipped, ordered to
march as soon as possible, to Eastport, in the District
of Maine, which is appointed the place of rendezvous.
The said three companies will form a Battalion, under
the command of a detached Major, to be designated
Major General Sewall, who will also designate an
Adjutant and Quarter Master, and order the whole to
march Avithout delay to the place of Rendezvous.
The Major commanding the Battalion will see that
provision is made for tlie subsistence of his troops,
from the places from whence the companies march,
until their arrival at the place of rendezvous, in
the manner prescribed ])y law, and for the trans-
portation of their baggage. Major General Sewall,
in designating the companies to march, will, as far as
may be, take them from the nearest counties and
districts, and from places the least exposed to the
enemy.

The Major Generals and other officers of the local
Divisions of the militia, from which any part of the
said Battalion may be drawn, will afford their aid in
completing the Companies, and will see that the men
are armed and equipped as the law directs.

The Commander in Chief expects that this Order
will be obeyed by his fellow citizens of the draughted
Militia, with promptitude, and when marching to the
place of their destination, as well as afterwards, that
they will preserve good order, and render due obedience
to the commands of their officers. He would remind
them that they are not only called forth to defend the
frontier against any invasion of a foreign enemy, but
to prevent the depredations of any lawless banditti who
may be disposed to rob and plunder, whether they be-
long to our own territories or those of the enemy. Al-
though war is declared between the U. States and G.
Britain, it is to be carried on only by the order of
Government. It is the duty of the inhabitants of the

31

towns and villages bordering on the British line, to en-
deavour to repel any invasion of our own Territories ;
but they have no right to make incursions into the Ter-
ritories of the enemy. Lawless plunderers, either by
sea or land, and as well in time of war as of peace,
are pirates or robbers, and their depredations ought, as
far as may be, to be prevented or punished ; they only
occasion distress and misery to the exposed inliabitants,
and have no tendency to produce an equitable peace,
which is the only justifiable object of war.

The Officers will be careful to inculcate upon their
men the necessity of discipline, and a sacred regard to
the rights of their fellow citizens. The soldiers of a
free government should view with abhorrence, any at-
tempt to assume power by the use of the sword, or to
invade the rights of those, whqm it is their duty to
protect.

By Order of the Commander in Chief,

WILLIAM DONNISON,

Jidjiitant General,

Augusta, August 17, 1812,

Sir,

In execution of your Excellency's orders of the 5th
instant, which came to hand on the evening of the 10th,
after adding my own orders thereto, I despatched Ma-
jor Dutch, one of my aids, on tlie 11th to Brig. Gen.
Blake, to whom I also wrote, requesting him to aUbrd
all the assistance in his power, to promote the object in
view. In designating the companies, I was induced
to select that in the neighbourhood of Eastport for
one, from the consideration that it would necessarily
be exposed, Avhether put on duty or not ; the other two
from the interior neighbourhood of Penobscot river, be-
cause they Avere the nearest I could find which were
not situated on the sea coast.

Major Dutch is now returned, with information that
General Blake has entered into the spirit of the exl

gency ; that he lias distiibuted the ordei'S aforesaid,
with his own annexed, to those companies in liis neigh-
bourhood, and that they will probably commence their
inarch to-morrow. I have, moreover, written particu-
lar letters, per mail, to the Major, the Adjutant and
the Quarter Master of the Battalion, and also to Colo-
nel Shead, of Eastport, to whom I have enclosed a
copy of the general and detachment order.

It being intimated to me from respectable sources,
that Brigadier Gen. Brewer, of Robbinstown, is an ac-
tive OfRcer, possessing considerable influence in that
part of the Country, and that if he could be employed
in the way of advice or assistance in the case, it might
have a good eifect, I have thought that it might not be
improper, in view of all circumstances, to address him
particularly to '^' afford his aid" in any instance which
might facilitate the arrangements of the Supreme Exec-
utive, in the defence of that frontier ; and unless your
Excellency sliould think a letter from Head Quarters
might have a better effect, I will attempt it shortly. I
will suggest, with all deference, whether it will not be
proper that the Major Commandant should be furnish-
ed with written instructions from the Commander iii
Chief.

I am. Sir,

With much esteem and respect,
Your Excellency's

Most obedient servant,

H. SEW ALL,
His Excellency Governor Strong, ">

Commander in Chief. C

Eastern Detachment Orders^ by Maj. Gen. Sewall.

Augusta, August 11, 1812.

In obedience to the General Orders of the 5th

inst. the three Companies of Infantry hereby designated

to march to Eastport for the defence of that frontier, will

be, the detached Company in the neighbourhood of

n

Kastpoi't, under tlie command of Captain Thomas Yose,
jun.of Rohbinstown,the detached Company in tlie interioi'
neighbouvliood of Penobscot river, under the command
of Captain Joshua Chamberlain,* of Orrin2;ton, and the
detached Company in the same neighbourhood under
the command of Captain Thomas George,* of Brewer,
which will fonn a Battalion, to })e commanded hf Major
Natlian Low, of Deer Isle ; Adjutant Moses Adams, of
Klsworth, and Quarter Master Jeremiah Knowlton, are
also hereby attached to the Battalion and directed to
perform the duties of their respective offices therein. On
receipt of these orders the troops composing the several
Companies aforesaid, will be supplied with the necessa-
ry provisions kc. by the Selectmen of their respective
towns, according to tlie directions prescribed in the mi-
litia law ; and being completely armed and equipped
as the laAV directs will immediately march for JLastport,
under the command of the said detached Captains, until
they shall be joined by Major Low, from whom they
will then take further orders. On the arriAal of any of
tlie said Companies at Eastport, Colonel Shead, of that
place, is hereby requested to afford all the aid and ad-
vice which may be necessary for the judicious disposi-
tion or comforta])le accommodation of the troops, espe-
cially until the Major Commandant shall arrive. A strict
attention to the orders of tlie Commander in Chief is
liereby enjoined orn the Officers and men of this detac-
ment relative to their conduct on the march, and at the
j>lace of destination.

Boston, August 21, 1812.

/{on. William Eostis, Secretary at War.

>3IR,

I mentioned in my letter to you of the 5th of Au-
gust, that I had that day issued an order for calling
eut three companies of the detached Militia, to be
m?<Tched immediately to Passamaquoddy, for the de-
fence of that frootiei*, and to be commanded by a Ma-
jor. I directed that two of the companies should be

* These Captains names were inserted at Bangor h^ i!ie advice of Gen. Bluka.

5

3<^

statioued at Eastport,and one company at HoLbiusioWiif
until the President sliould direct otherwise, unless, in
tlie mean time, the Major with the advice of Brigadier
General Brewer, who lives in Robbinstown,and to whom
I wrote on the subject, should think a different dispo
sition of the companies would be more advantageous.

I have this day received a letter from General Sew-
all, dated the 17th instant, in which he says, that he
had designated the detached company in the neigh-
bourhood of Eastport, under the command of Captain
Thomas Vose, jun. of Robbinstown, the detached com-
pany in the interior neighbourhood of Penobscot River,
under the command of Captain Joshua Chamberlain, of
Orrington, and the detached company in the same
neighbourhood, under the command of Captain Tho-
mas George of Brewer, to form a Battalion, to be com-
manded by Major Nathan Low, of Deer Isle, and di-
rected them to march immediately to Eastport, and
that they would prolmbly march the next day. 1 shall
immediately write to Major Low, and direct him to
conform to the above instructions in disposing of the
companies, until the President of the United States
shall otherwise direct.

I am, Sir, with i*espect,

Your most obedient servant,

CALEB STRONG.

Boston, August 25, 18 1 2,
Major Nathan Low.
Siij,
By the time you receive this letter you w ill prob-
ably have arrived at the post assigned you by Geneyal
Sewall. Tlie whole of the troops ordered to march to
Eastport and Robbinstown, will also proba])ly have
reached the places of their destination, and I presume
you will find them Avell armed and equipped. Two
companies will be stationed at Eastport, and one at
Rol)binstown, until the President of the United States
shall direct otherwise, unless in the mean time you,
with the advice of Brigadier General Brewer, shall

35

Jhiiilc a dilfereiit disposition of them more advanta-
geous.

TJie President of the United States having been du-
ly apprized of your being ordered to Eastport, you will
])robably soon receive orders from him for the regula-
tion of your future conduct, while employed on tlie
present command. But it will })e proper for you to
wn-ite to the Secretary at War, and inform him of your
situation, as soon after you arrive atEastport as may be.

I would recommend to you, strict attention to the
comfort, convenience and discipline of the troops under
your command. As the extent of frontier committed i^
your care is great, the duty of the troops may be severe.
But you will endeavour to adopt such modes of doing
guard and other duty, as shall render it as light as pos-
sible, consistently with tlie safety of the troops and of
the posts. And v/hen the men are not on other duty,
you will see that they are disciplined from time to time,
so as to be qualified to act their part well as soldiers.

On the cleanliness of the men in their quarters and
in their persons, their health w ill in a great measure de-
pend. I cannot therefore too earnestly recommend to
you the most vigilant attention to it.

From the intruetions you may have already received
from Major General Sewall and from the General Or-
der of August fith, you will perceive that the object of
your command, as it respects the British nation, is mere-
ly defensive — this object you will strictly fulfil. At
tlie same time you will endeavour to secure the peace-
able citizens of the frontier, you are ordered to defend,
:• gainst the robberies and depredations of unprincipled
individuals, whatever characters they may ass-ume.

Sliould any circumstances arise in the course of your
command which you may deem proper for me to be ac-
quainted Avith, you will make your communication to
me through tlie Adjutant General until the United
States assume the control of your detachment, you will
also make weekly returns of your Battalion to the Ad-
jutant General's Office in Boston.

I am, Sir, with esteem,

Your most obedient servant,

C. STllOiSG.

ANSWER

OF THE HOUSE OF REPRESENTA JIVE?,

TO HIS EXCELLENCY

THE GOVERNOR'S SPEECH

May it please your Excellency ^

THE House of Represeiitativos have con-
sidered yoiir Excellency's Address to both branches
of the Legislature, with that attention which so im-
portant a communication is calculated to inspire ; and
will enter upon the discharge of those solemn duties
which have devolved on them, with all that modera-
tion and candor, which are consistent with the obli-
gations they are under to their constituents and their
country.

While freedom is driven from the Continent of Eu-
rope, and her Republics hace successively fallen be-
fore that scourge of liberty, whose corruption or arms
have spread desolation and slavery through the old
world, the right of electing their own rulers, at sta-
ted periods, is still left to the people of the United
States : A right, upon the faithful, upright and vigi-
lant exercise of which, the continuance of our Re-
public most essentially depends. The people of this
Commonwealth have contemplated, with anxious so-
licitude, the return of that period, when the state
would be again required to appoint their proportion
of the Electors of President and Vice President of
the United States. They have considered it as aji
event, which, by the independant exercise of the right
of suffrage, would afford a peaceful and constitution-
al remedy for the multiplied evils they have so long
experienced ; and would restore to our unhappy
country, the days of her former prosperity. As the

38

immediate representatives of the people, therefore,
your Excellency may rest assured, tliat this House
w ill persevere in its efforts, to enable this great Com-
monwealth to discharge a duty imperiously required
of them by the constitution, and to exercise a right,
at once so important to their interests, and so conso-
nant to their wishes. A recurrence to the proceed-
ings of the former session of the Legislature', while it
will evince the readiness of the House of liepresen-
tatives to sacrifice their own favorite views to the at-
tainment of this great object, will bear testimony to
the industry and zeal they have manifested in their
endeavours to comply Avilli the requisitions of the
Constitution — And they now pledge themselves to
your Excellency and tlieir constituents, that they will
not cease their efforts to preserve to Massachusetts
the inestimable privilege, guaranteed by that instru-
ment, of appointing, in a fair and impartial manner,
Electors of the first magistrate of the nation. To a
steadfast adherence to this determination, they will
be alike induced, by their own wishes, their regard
to the rights and interests of their eonsiituents, the
allegiance they owe to this Commonwealth as a
"^ sovereign and independent state,'' their attachment
to the constitution of the United States, and the obli-
gations of that oath, by which they are bound to its
support. Should this duty therefore be neglected,
should no mode of appointing Electors be prescribed
by the Legislature, should the people of this state,
upon this most important occasion, be deprived of
their political consequence, and of the rights of citi-
zens, and tlnis have imposed on them a President
hosti'Je to their interests and abhorrent to their wishes,
the House of Representatives owe it to themselves
to declare, that of this political sin, they will be
gniltless. They cannot hovv ever pennic themselves
to believe, that at a period so momentous to their
country and the world, either branch of the Legisla-
ture ^vill attempt to controul tlie Avishes, or counter-
act the demands of a great majority of the people of
this CommoQv/ealth.

3S

The House of Kepresentatives liave witnessed with
«Teat satisfaction the course which your Excellency
iias adopted and pursued^ in regard to the requisition
rd' Major General Dearhorn, for a part of the quota of
the militia of this Commonwealth ; and it is due to
your lixcellency to declare, that the conduct of the
Executive^ upon this interesting suhject, has met the
unqualifieJ approbation, not only of this House, but
of the great body of the People. While, on the one
hanil, it has discovered a sincere desire to comply
witli the requisition of llic constitution of the United
States, and the laws made in pursuance thereof, it has
equally evinced a determination to protect the citizen
against all unconstitutional eucroachments, and to
maintain tlie rights of the State, as secured and recog-
nized, by that constitution. — By the constitution,
Congress are wisely entrusted, not only with the right
of declaring war but with the power of raising such
forces, both by sea and laud, as may be necessary for
its vigorous prosecution. By a discreet and judicious
<?xercise of these inportant powers, the national gov-
ernment, may, at all times, place themselves in such
a state of preparation, as to render the aid of the mi-
litia unnecessary in the commencement of an offem-
sire war, deliberately declared by themselves ; and
tlie power to call the militia into service was ne>^r
intended to be exercised, except in cases of sudden
emergency, or for the purposes of defence ; not with a
view of forming them into a standing army, or to pros-
ecute a w ar of conquest. Any other construction of
the constitution than that which your Excellency has
adopted, would expose the citizens to be torn from
their homes, whenever the general government might
think proper to declare war ; and to be retained in
tlie service of the United States, as long as the war
might continue ; while, l)y thus depriving the Com-
monwealth of all their means of protection and de-
fence, every essential attribute of State sovereignty
would be completely destroyed. The Common-
w^ealtli of Massachusetts have never surrendered to
the general government the power to call forth their

39

militia, excepting to execute the laws of tiie Union,
j^uppress insurrection^ and repel invasion, and wlienev-
er this call is made, it is not only the ri^^ht of the
Commander in Chief, hut his sacred duty to determine
whether either of those exigences exist. The citizen*
of this Commonwealth will long cherish grateful I'c-
collections of the faithful and independent manner, in
wliich your Excellency has discharged this iu»port;int
trust — And the papers and documents upon this suJ)-
ject, referred to in your Kxcelleney's commuuicsition,
shall receive from the House of liepresentatives all
that attention Vvhich their importance requires.

While the troops of the United States are with-
drawn from our garrisons and harbours, and our exten-
sive sea coast is left destitute of a maritime defence,
the House of Representatives v/ill endeavour to furnish
all the means of protection in their power, hy supply-
ing every citizen with such arms and military stores,
as their situation may require. Still, however, it i*
obvious, that maritime protection only, can alford full
security to the numerous towns which are exposed to
the enemy, and the islands which border on our coast.

The House of liepresentatives are not vrithout hope,
that their ow n experience will satisfy the national go\--
erment, of the necessity of a naval force ; for while,
disaster and defeat have attended our arms on the laud,
a recent oecurrence has borne honourable testimony
ix) the skill and bravery of our gallant seamen.

The House of Representatives deem it unnecessa-
ry, at this time, to enter into a consideration of the-
avowed causes of that unhapj)y war in which our
country is engaged. They cannot, however, refrai!j
from expressing their surprise and regret, that altliough
the principal cause for its declaration has ceased, hy
the revocation of the Britisli orders in council, no dis-
position has been manifested by our rulers, to bring it
to a peaceful termination ; and the U. States now
pi'esent the novel spectacle of a nation, professedly
contending for the rights of commerce, and by that
contest annihilating its benefits, while, if the declara-
tions of our own government be correct, that the French

40

decrees are. repealed, we might, at this moment, enjoy
an unrestrained commerce in all parts of the globe ;
contending too with a nation, whose downfall would
be attended by our own subjugation ; and in concert
vrith tliat power, whose tjimnph would bind us in
chains. In such a war, commenced w^ithout prepara-
tion, and prosecuted as it has been, with a mixture of
imbecility and rashness, it is not surprising, that those
who must endure its privations, and who foresee its
dreadful consequences, should, from the best princi-
ples of patriotism, proclaim its inexpediency, and
doubt its justice. Upon this subject, the House of
Representatives have fully expressed their opinions on
a former occasion ; and they have only now to add.
that by the events which have since transpired, both
at home and abroad, these opinions have been strength-
ened and confirmed.

In a government like ours, public sentiment alone
must arrest the pro'^ress of those calamities, which the
measures of the administration might produce. This
house, therefore, have view ed, with detestation and
abhorrence, the attempts which have been openly
made, in a distant state, to overawe public opinion,
by lawless force, and to silence the freedom of the
press, by personal outrage.

The House of Representatives assure your Excel-
lency, that they will be unceasing in their eftbrts to
maintain the tranquillity of this commonwealth, to se
cure to the citizens, the liberty of speech, the freedom
of the press, and the rights of election ; to assuage
the asperity of party animosity ; to mitigate the ca-
lamities of war, by the exercise of justice and human-
ity ; to preserve the union of the States in the genu-
ine spirit of the constitution ; and, by the blessings of
lieaven, to restore to our suffering country, prosperity
and peace.

October 20, 181^.

AUG ":^6 i34C