The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-10-27


rs this aa the last letter of General ID earborn,
cd {" np'y that there was danger at INVASION
aud AS the measures TO he taken my part were ol
l,mrortauce, L thought it expcdent to- convene tic
Council, and request their advice the subject oi
tae foregoing letters The Council! advised, that
they were unable from view Of the Const,uton o.:
the United States, and the documents aforesaid to
perceive that any eNsency existed which could rem
der II advisable to comply with the sx requisiiiun
But as upon important questions OF law, aud upon
solemn occasions, the Cove. nor aud Council have
authority TO require the iior OF the Justices CT the
Supreme Judicial Court, that il was advisable to re.
quest the opinion OF the Supreme Court upon tue
following questions, viz.
lst Whether the commanders in chief of the mi-
iiti of the several states, have right determine
whether OF the cNgencies contemplated by the
Ccnst tuuon ct the caited States exist, re-
qure them to place the militia, or any part OF it in
the service ot the United States, at the reauest oil
the President, 10 he commanded by him pursuant
! to acts at Congress-
! I'd. Whether, when either of the exig-nccs exist,
authorizing The employing the militia IN the service
oil the u. sta es, the militia thus employed be
lawfully ccmmsnded By any officer but o the mi! Tia
except by the Preside ut OF the United States
After the above request was made to- the Supreme
Court aperson deput,d by tie inhabitants vt .st-
Port and Hoohins,own. Is. boundary, APP
p'ied to me, esentins that there were many law
less people on te borders, from whom they hal
i1ous apprehenaons ~ attack. aud requesting that
number OF the n'i,s might be stationed in ,i.ose
towns The Council advised that three companies
OF the detached militia shoid be called into the
service o the United States fer their protection -
On the 6,h of August csued az order for that ,yir-
'"se, ana directed that two ei the companies should
oe stationed st PASSPORT one company at Robbins
town, until the President should otherwise direct
and the same day. by letter TO the Secretary of
war, informed him of the transactions afore saudi
aRd having received the opiuo" of the Judges on
the above questions, ensiosed 10 i,in their answer
Copy Of that opinion and the letters aud papers
baye referred to- wall he laid before YOU by the Sec
rotary.
Soon after the declaration Of war, several towns
on the sea-cosst spp!ied the Governor and Couu-
o'l tor arms and ammunition, as many persons tho
were exempt from military duty, were destitute
ui tis necessary Of defence. Agreeabiy to
! The sdv;ce Of the CoeueiI. they were, in some in
stances furnished With those articles. By inspecting
'ie ret'trns OF the Quarter Master General, YOU
VIII be convinced of the Necessity Of obtaining fur
ther supply OF smat aud military stores, aud
TEE more so, as our defence the board
almost totally to BE- coniied to the militia. We
nave al ths state several hundred miles of coast
nanber OF islands tie coast Inhabited hy
onr eiuzens, and more than one hundred of our
towns MAY be approached by the enc US ships
II IS obvious therefore that Only maritime defence
can afford tiicm full security. Still, however We
should employ such neans as possess for their
protection, aud To this end, il Sl be that
the whole militia should be armed and equpp ed IN
the best possible manner, and ready To- at the
shortest notice, anu IN case U Invasion that arms
should be IN readiness for every who is abb To
bear them IN tbs way it is probable that our de-
tensIve force, and the general security OF the sea-
board will he great, As 1T portions oil the mit a
were drawn from every part of the State, aud Sta
TONED an a few OF the large towns on the coast
Wh"e the War, IN which We are unhapplly in
VOWED, continues, it is to be carried ony IN he
name ani by direction OF the public. Ia peole |
cannot act OF themselves except TO- the de ence of
their possessions and territories Without the com.
mission or particular ord al the Government tey
have no right to commit h0stItes undertake ANY
offensive expedition. In modern wa,f the troops
alone carry on the wa r, while the of he peo.
pie psaceaiiy follow their casiings aud ii they re
from the enemy's arms.
For many years, and until within late period
lite nations oil Europe have made war with inodepa-
top and generosity, and in manner which, proved
they had notfargotten chat their enemies were men,
d might afterwards become friends Indeed war is
so dreadc in It's effects, and destructive to hu.
man happiness, that the law of nature allows of ~
only in the utmost extremity; and requires that |
~bn II IS rcsorted to, the persons engaged it shat
e'tea,0r To mitigate its horrors far their safety
WI perui, by the exercise Of justice and humanity
These principles Of the law OF nature conhrned
hy the Trecepts ofthe christian religion.
whatever sentiments may prevail among the p-u-
pie OF this State concerning the justice expeCen-
cy OF the present war, hope and trust that they
viii perform the duties enloined on them by our
Constitutions and Laws, and that they will do no.
thing To obstruct the Government in the constitute
onai measures they may think proper tn adopt
IL tn0se measures are thought TO be unusfable or
particularly Injurious to this part OF the Union let
us cherish confidence H. tie wisdom and Justice
81 the other States, and wait with patience for the
'eihcu9 pFONileH ny the constitution. In tie
time, let us regard with adherence those violent
personal ontrases, which fstai to the peace, and
dissTaceiu' TO the character of any peoples let rs
be ~stchui and determined TO prevent tu,nus and
disorders of every kind by which Internal tran
guilty would be endangered, and be willing 10
indugein others the right of expressing their opin,-
ons oi pubhc measures, exercise that
rIsht ourselves.
shall be ready cooperate with you Gentlemen 4 |
any measures that may be brought conducive to tho
defence and tranquility of the state, and the pre- Il
ervston and seUrty of the Union aud may liz,
God OF our Fathers project in this caamiious
period, and suide US in the way Of duty and afet I
CALEB STRONG,
:, The Speech was committed to Messrs. Mills,
holmes, Pierre, Bailey and Austin of the House
aud de.srs. Willis, Lincoln and ST ong of ,be Sen.
ate.
O5de,sa, that Mcssrs. Pn'tman, Merrill, Jack.
son, Nudge and Lawrence Committee with
such 10 the Senate may JON to consider what
messurs are evpelient to adopt relating 10 the
choice Of Electors ut pted nj aud Vice President,
nnd 20 Set tor hwii The Senate. chose Messra
CT Ftlget, VI 0d AID Croyyninslie
3h9rsdgy, Cct i5--Mr. bradbury, Of p. was
charged With rssagr.to the S requesting ~,
iijunction to tie committee Of thyt Hon body ufn
eui ect Of Electors of Pres't &c HAT they ~
E forthwith, in conformity u h iincton giv,is
TO i''cr "tni.tee on the part ST the House
OTdeTeG Thai Mess,s. PiekmIn Of 8 Edwards nf
= ~. asa Diceman OF 4 be com. 20 eonsider th,
sxpsliency % smehdaug .he Constitution, so DIAL
President, "cner ti,am once in three four terms
That Messrs Knapp, Greengnoh aud Hunt be q
committee TO take ito cosi Grafton the law reel
peeung UsaIy, to sec Bany alterations are eSpcdi-
emf.
IN SENATE, ordered, tina, 81 ,nucs er,l @ ,on.