Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1812-10-24

nv duty in most important point,
if I had attempted TO enforce it. and
had thereby assisted in Withdrawing
tbe militia from The rightfui autLo,
rity Of the State. Besides, if the
measure was not required by the
Constitution, it would have been cp-
nressiye. as the militia must have
been called from their occupations
to places remote from their homes,
and detained in the service during
| the busy season Of the year. there
fore, on the third day Of July, issu-
ed general order; and Oh the same
day wrote to Gen. DEARBORN, that
had directed the Adjutant General
to furnish him with copy Of it;
| and that after mature reflection had
endeayorcd. in that order, to pursue
| the course which my duty, in rela-
| ton to the request contained in his
letter Of June 2ad, required of me.
Afterwards, by a letter Of July
18th, Gen. Dearborn informed me,
that having received orders to leave
the seacoast, where he was ordered
| for the purpose of taking the neces-
| sary measures for placing the towns
| and garrisons in u state Of defence
| against the invasion or attack ofthe
enemy, and to repair to Albany. it
| became his duty TO request me to
order out such part of the detached
militia as the present state Of 7cGr
required. the number being stated
in his letter OF the BED June !; and
that as other objects would require
the service OF great part Of the
regular troops. it would become his
duty,o order them from the sesboarG.
This letter had 70 opportunity Of
answering before Gen. Dearborn
left the State. But presumed if
this State was in danger Of iuva-
sion. that the regular troops would
not be ordered to Albany, and if
they were so ordered, that the mill
ia were not liable to be called into
service and stationed in The f1rts Of
the United States to do garrison du-
~ when no danger Of invasion APP
pearcd.
On the 9Th Of July, received let
ter from the Secretary of War, Of the
clst of that month, stating, that orders
had been given to General Dearborn to
move the regular troops to the northern
frontier, leaving sufficient number to
man the guns in the garrisons on the
seshoaId, ard renewing the requis!tion
aforesaid. In this letter he says, "The
danger of invasion which existed at the
Tins Of issuing the order of the Presi-
dent, increases" This expression was
peculiarly guarded, as the order of the
President Was, issued before war was
declared. However, as this and the last
letter Of General Dearborn, seemed to
imply that there was some DANCE Of in
vasian, and as measures 10 be taken on
my part we're Of importance. l thought
it expedicnt to convene thr Council, and
request their advice on the subject of
the foregoing letters. The Ccunc! ad.
vised, that they we're unable from view
Of ;hs constitution OF ths Uui;sd States,
.nd lhe drcurc1ts aforesaid. TO perceive
that any ex' gehcy existed whic., could
render it advisable to comply with the
sad requisltisn. But 4. upon Important
IS l.,, Ill
sions, tic Governor and Coancil have
authority to require the opinion of the
Justices Of the Supreme Judicial Court,
that it was advisable to request the o.
pirion Of the Supreme Court upon the
following questions, VIZ,
lst. Whether The commanders in chief
OF the militia ofthe several States. have
right 20 determine whether any Of the
exiHehoies contemplated by the consti-
tuition of the United States exist, so as
To require them to place the militia, or
any PIT Of it, liz the service Of the u
ni'sd States, at TIE request of the Presi.
dent, to be commanded b. him pursuant
to acts Ct Congress
81. Whether, when either Of the ext
aencics exist, authorisine he employing
the militia in the service THE U.Iates,
TIC militia thus employed, can be law
fully commanded by any officer but Of
,te militia, except by the President OF
TIC United States ?
After the above request was made 10
the Supreme Court, person deputed
by tie Inhabitants OF Eastport and Rob-
biEstown, in our eastern boundary, APP
Piled to me. representing that there were
many lawlesspeople on the borders, from