The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-07-10

And the people arc requested to abstain
from unnecessary laber and recre alton ON
the sai;. Gay. 'e',,
Given at the Council Chamber of Boston,
this twenty sixth day OF June, in the
year of our Lcrd one thousand eight hun
drcd and twelve, and i'll the thirty sixth
year of the Int,c pcndence of the United
states of America. !;
CALEB STRONG
rNEw-YoRE, July 2.-Capt. Holbridge.
who arrived here yesterday from Phladel-
phia, informs us, that on Tuesday he spoke
a brig from Londonderry for Philadelphia,
which, on the 24th ult. in lat. 20, SO, long.
CT, IL. had been boarded by the British
frigate Beividere. on her way to Halifax,
dismasted, and received from her the intel
ligence of the Declaration of War. This
brig the distressed condition of the Belvi-
tlere would not allow her to capture.
Extract Of a letter from an Intelligent
Gentleman in .fDanv, 20 his friend in
this. cftY, dated. -Jnty 1st, 1912.
In the postscript OF one of my letters
TO you, | mentioned that an express had
Just arrived from the west ; and that it was
rumored Fort Niagara had been taken by the
British. This rumor is without the least
foundation. The express proved to be to
the Governor, giving him information "a
gainst several persons in this city, who it
was alledged, had been aiding the British in
forwarding their dispatches to Upper Cana
Ola ; from which it appears, they had the
declaration of war one day earlier than our
garrison.
The express that carried the news,
was a cartman of this city, who was appre-
hended on his return near Geneva, and is
there lodged in Jail. The persons said to
be implicated here, have been examined
and honorably acquitted, as they were con.
Cerned in mere Mercantile Transaction.
have just heard from Sacket's Har-
bor.-Captain Woolsey, of the U. s. brig
Oneida, was in pursuit Of the Royal George,
a ship of equal force, and battle has been
fought ere this.
The Northern Regiment of Cavalry,
are ordered to Plattsburg immediately
A corps of Drafted Artillery, from the
Cd Regiment Of this state, belonging to
Major Bleecker's Detachment, under the
command of Captain Thomas w. Gilbert,
took possession of the South West Fort
Battery yesterday morning. They made
a very handsome and military appearance.
NIerr. .ddU.
Z From source which may be depended
On, we learn that on Saturday last, Gov.
Griswold of Connecticut having received a /!
letter from Gen. Dearborn, requiring him
% order FIVE companies of the Connecticut |
militia which had already been drafted, to
De marched to the garrisons, four to New
London and one to New Haven, and there
TO be put under the command OF the officers
of the United States at those places Gov.
Gris,Yoid who at the moment he received
the requisition, was setting out on tour to
the Springs for his health, put off his jour-
pey and dispatched expresses to the men,
oers of his council in different parts of the
state, with orders TO meet him at Hartford |
OH Monday. The council convened accor-
dinghy, and having approved Of the promp- |
titude of the Executive in having ordered |
the drafts of the militia, agreeably to the |
Laws of Congress, the following questions,
arising out of the requisition made by
General Dearborn were then submitted
for consideration by the Governor
Can the militia be legally or constitu- |
tionally demanded, until one or more of the |
contingencies enumerated in the constitute |
on, shall have arisen? And can requisite |
on to place any portion of the militia under
the command of an officer appointed by the |
general government, be executed ?"
The council impressed with the great
Importance of these questions, seriously and !
examined them, and the fol- /,
lowing we are Informed is the result:
The Constitution of the United States has
wisely ordained that Congress may provide |
for calling out the militia in three cases |,
only, viz to execute the laws OF the u !
mon, suppress instructions and repel inva- |
sions." The acts of Congress OF February, |
1895, and of April, 1872, in strict pursu
ance of the Constitution, provide for calling |
forth the militia into actual service in the !
eXigencies above named. The Board gave |
il az their opinion, that as the requisition of |
Gen. Dearborn, said to be in pursuance of |
that Of the Secretary of War Of the 10Th Of
June, was not grounded on any declaration !
made by the President OF the u States, sta |
ing that the Militia were required either
to execute the laws Of the union, suppress
nsurreCtion, or fepel invasion, nor that the !
u. States were in eminent danger OF invasi- |
on, and that none of the cxieencies recog- |
nized by the laws and constitution of the |
United States had been shown to exist & |
therefore the Board decreel that the Go
vernon ought of right to retain the exclusive
command of the militia of this state, and
that he cannot be Invested of it by any pow
CT in the general government.
With respect to the second enquiry tie
council observed. that the Constitution OIL
the u. States provides that the appoint
ment Of the officers Of the militia shall be
reserved to the states exclusively the
event OF their being called into actual Scr
vice of the u. States In any Of the exigen.
cies specified, the laws of the ". States pro-
vide for the calling them forth as a militia