Portland gazette and Maine advertiser., 1812-10-19

.r.- tr.- ..r.. rlptaClInF NJ Sntii not bC
-...----...4 =. serve = longer time than SIX
.-.-'t 81 t-sg srrive at the place of rem
l.. III ne mere act OF war gives
..- lnh government 10 call
.-. -r:... ice and detAin them six
-----. We right 10 detain them
~ yee-s. II i-.. var continues so long; and
.s. as,.onei -rnmrnt has the same su-
thori,v toc the whole, as part OF the
militia.
Heretofore il has been understood, that
the power ofthe President and Congress 70
call the militia into service, was 10 be eAer-
cised only in cases of sudden emergency,
and not for the purpose of forming them m
70 standing army or Of carrying OF often
sive war But according to the above con-
struction. the right to employ the militia IS
made 10 depend, not upon contingencies
which the National Government might be
unable to foresee or provide against, but up
on its ovyn act-upon The existence OF state
Of war. which the government las right
to declare as often, and continue Is long as
It may think proper.
Although many of the most important at
tributes of sovereignty are given 10y the Con
stilulion to the Government of the u ,.
vet there are some which still belong 70 tie
, State Governments OF these, one o. the
| most essential il the entire control Of the
| militia, except in the eXlgenc'es above men,
toned this has not been delegated TO The
United States, it is therefore reserved to the
States respectively and whenever It snail
BE- taken from them, & a consolidation ofthe
military force Of the States shall be effected,
! the security Of the Safe Governments VIII
be lost, and they will wholly depend Tor
! their existence upon the moderation and
/ forbearance of the National Government.
! IhsYe been fully disposed to comply with
| the requirements of The Constitution OF the
! United States aHd the laws made IN pursu-
! ance oft, and sincerely regretted that any
request should be made by an Officer OF Tie
| National Government 10 which l could not
constitutionally conform. But It appeared
| TO me that the requlsitIOn aforesaid was OF
X that character and was under the same
/ obligation to maintain the rights OF the
( State, as to support the Constitution OF the
I United States. 1.-THE demand was not war
/ ranted by the Constitution should have vi.
| 0'ated my duly IN most important point, IT
I ! had attempted toenforce il, & had thereby
| assisted in Withdrawing the militia from the
I rightiul authority CT the State. Besides, IT
! the measure was not required by the Con
! sutullon, II would have been oppressive, as
/ The militia must nave been called from their
occupations 70 places remote from their
F! homes, and detained in the service during
! The busy season Of the year, I therefore on
! the third day Of July, issued general order;
, and on the same day wrote to Gen. DEAR
| BoRY, that had directed tho AdIutant Gen.
| crai TO furnish him with a copy OF il; and
that after mature reflection I had eDdeavOg-
| ed, in that order, TO pursue the course which
my duty, in relation 10 the request contained
IN his letter Of June 221, required of me.
| Afterwards, by letter of July 15,h, Cen.
| DEARBoRN informed me, that having re-.
| ceived orders 70 leave the seacoasl, where
he was ordered for the purpose Of taking the
necessary measures tor placing the towns
| and gsrrsons in a state Of defence against
the INVASION or attack Of the enemy, and TO
repair to Albany, it became his duty to re-
! quest me 70 order out such part Of the de-
tached militia as the present state Of ryar re-
| qlIrea, the number being stated in his letter
| OF the 29d June and that as other objects
/ would require the service or a great part of
the regular troops, it would become his duty
/ to order them from the seaboard This
I letter had no opportunity Uf answering be-
| fore Gen. DEARBoRN lef the State. But !
! presumed ii this State was in dagger ofin.
! vasion, that The regular troops would not be
! ordered to Albany, and if they were 50 or.
| dered, that the militia were not liable 10 be
/ called into service and stationed IN The forts
q The United SJsyes 70 40 garrison du y
| when no danger Of invasion appeared.
On the a7th of JuIy, received letter
from the Secretary OF War, of the AIT of
that month, Eating, that orders had been
given to General Dearborn 10 move the
regular troops to the northern frontier,
leaving tufiicient number 10 man The guns
| in the garrifIn6 on the leabOard, and re-
newing the regulation aforeiaid. In this
letter he Jays, " The danger of invaion
! which exiited AZ the time Of ifuing the
order OF the Prclident, increales." This
eXPrefiion was peculiarly guarded, As the
! order Of the Ptefdent was ilTued before
war was declared. However, as this
and the lait letter of General Dearborn,
teemed to imply that there was fome dan
ger Of invalion, and as the meaiures to be
taken on my part were Of importance, |
thought It expedient to Convene the Coun-
Gil, and requeit their advice on the iubie6t
of the foregoing letters. The Council ad-
vlfed, that they were unable from a view
Of the Contribution Of the United States.
and the documents aforefaid, to perceive
that any eXigency exifted which could rem
der II Advisable 10 comply with the faid
requilition. Bat as upon important CUES
tons of law,and upon folemn locations, the
Governor and Council have authority to re-
quire the opinions Of the Juitice5 Of the Su-
preme Judicial Court, that it was adviita-
bic to requeft the opinion of the Supreme
Court upon the following queftions, viz.
If. Whether the Commanders in chief
Of the militia Of the feveral States, have a
right to determine whether any Of the ex-
igencies contemplated by the Contribution
OF the United States exiR, 70 as to require
them to place the militia, or any part fiji,
IN the iervce Of The United States, at the
1T h. 4