Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-03-04
Official DOCUMENTS.
MASSACHUSETTS CLAIMS.

~
United SidteS
herewith transmit 10 Congress certain docuue,,s
feIatiug I" clam of Massachusetts, iur services
rendered lay the militia oil that State in The k,Ie war
aud Tor which payment WAS made h, The State Fran
ihe particular circumstance attending thus claim L
consideration al Congress.
In forming just estimate of Ihts cInic, il viii -
necessary 10 recnr TO The cause which prevented lis
admission, or the admission any pat thereof M Am
carrier DAY u WI lie recolIected that whe ~ a all
was made on the militia OF that stale for s,ty;ra i;
the ldIe war, under ange n,e nj which WAS lLc
appica"e ~ the niiiIia OF all the Sia.es and in
conl"fmiy with the acts OF Congress the xccut;ve
ot Massachusetts refused To county, with nm. Ill On
'he pr'ncipe that the power vested ia Conpress Inv
'"e Co"s"'"'ioh, 10 provide iur calling iorih the
militia TO execute the laws Of the Imam Supnr..s
ihsurrecons, and repel iuvasons, was not
power Tor Hose purposes, hut conditional and de-
pendent on the consent of The Executives of The s
We states and also, that, when called into service
sue" consent heing gwen, they could not be com
mahued w regular officer Of the T. States or other
"'e' hen oil TIE militia, except by The President in
person. That hs decision Of the Executive of Mas
sHchusel'S was reppE"1nt to the Constitution of the
Cnied "tcs, and of dangerous tendency especially
when " Is considered thai we were then euo.o.I -;
a wal with a powerful patton for Tie defence of onr
'ommo" rights, was The decided opinion Of ibis 90
vernmrni aHJ when the period, M which III al
ncc's'o" was ioTmeJ, was considered, II be,ug as
u"n az I'VE MN OF A9scS', eighteen bundled aud
lhai 1t WAS not renquislIed during The war il was in
iefred, ny The LSetuive OF the United States that
lne oec,>on oil The Executive of that Sac was alike
ap'iIcahie TO all the that were re mite rcd lac
me militia oi the Stale during the war
IN The correspondence with the Goyernot oc NJ 70
saehnseits at HAT important epoch aud on Iiia very
interesting subject, u was announced To him bv The
SECRETARY ot War, that, f The militia Of The st,ie we're
called INTO service, 10y the Executive OF lie STATE
anu nov put under The command oihe Alajor General
VI the Cnied Siales, the niua of the other STATES
were, The expense attending their service wouId he
chArseahle 10 Jie State, and to the Unilcd States
~ s 'Iso s'a'en 10 INN, at the same time, that any
Claim winch the State might have for ,he re,mbu, Sc
me"' OF such expenses, could he allowed by The
Executive OF the Unned States, since il would In.
'oVe principles on which that branch Of the govern
meni could not decide.
Under tr-se circumstances "A ,ec;s;o, -. 49,. -
OF Inc 'ihe oi Massachusetts has hi hero been sus
pended, and ~ need not he remark ed ma, ,i,e s,s
pe"s'o" h'S pr0ceededirom - conviction that it would
oe IMPROPER 10 give any sanction, by its admission
OF ny he admission of any part tereof euter Ia The
IohsIuc"o" "i ne CONSTITUTION commended for 10y The
ihen Executive Of thar State or 10 IT'S conJucI a,
tna ptIOd, towards the General Government and RI.
Union. ~ e
In January, eighteen hundred and twenty three.
lhe representatives ~ Congress from Massachusetts
am Name suggested, hy memorial thai The const
iifial Objection could Apuiy to n norman nT tho
CLAIM, aud requested that The acconniing Officer n,
the government might he instructed 10 ir,r and adj
MT such part as might be free from mai obieci,ou I
"N cases where claims are presented Tor militia SER
wee, II rs the luiy and he practice of Ile ,reou,t, n
ohcer to snhmt ihen iO the Department Tor nsrruc
U0n rs 10 the legality Oi tho clam Ina, is ,yh.,h.
the service had been rendered by order Of tho c,r
petent authority, or Otherwise under rircuustnnres
10 justify lie claim ag .tinst The Unii,d S,,,rs adj
miling That The evidence in support of II sI,ud lac
satisfactory 10 This repuesl there appeared 10 he no
well-iounded oJectIon under ihe ieservatinn az In
The constitutional principle, and acco,dnolv 80, -,
"ef was give" 10 The accounting officers uf The Trea
Sufy to PROCEED 10 auditing the ciain with that re-
5efvatiOH.
!" conformity with ;hi. arrangement, the Execn.
I'VE ol MasS"chUsetts appointed no ,izrns of Il.a
slate commissioners 10 Hitrtd The settlement of ;,s
claim aud who, IN execution Of the trust rruus. ~
them, have presented to The accounting officer r ,l
treasury that puritan cumluehendng lie services of
sue hiih DIVISION OF the fna OF the stale which s
heen audited and repuyfed fDr cnnsdetati,,, suior
Othe objection above sisted. have rx,mtned H.
report, with The documents presented rs The Com
HissOBer- aud Hm Of UUiHiOu tlln the .etvicns ,n
defed ty fhu divis'on were fponfnneous, pa,riotic
and proper, necessary Cor scf-uclrnCp 10 rcueI ~
some Instances, hc'"fI in''s"n, aud, IN others 10
meei,y "lrg"hle PrePhrnii"n, fnvasons that were
brn'ced. Ihe cnmni,sinHers Of The stitc havirr
unlimited thdt Other pOinnus nf SCI vice s,oud ,,u
slni'IT ground, The atc",mhng officer his been IN.
SWnc'ed, ~ Hud',i"g he Nbo-, 10 Il, 10 fnau-
ner as 10 enable the d. rariurff 10 show d,.oc.tv 40,
der what circumstances each portion Of service ,,ns
rendered whether Voluntary, g tlrd oui hy invdsioo
" ne menace VI INVASION, 90 by Iuttc iuihotity
null 10 such case, Wheeler he audi a. euir rms a,rL
sersico WIS pLced, und,s 'hc a,ri,orrv II Ire te
States, pf retained nndpr ii,i nl the .i.ie.
- ah,rls me goat picieDrr - sitre ,li tic ,,re
sent Executive OF VI t-ac>, ats di-sltn,ed Inc
principle which was mainiurcd H., The firn.r E4e.
cdye, aud tiH, ~ THIS disclaimer both branches nr
'hs Legislature nave concmrrd Nv his rpnnrc,.
aion, tie siaie P'ced on the ground, this
respect win the O,her s,irs and his vrrv dt.,ress
ny anomaly ~ our system is fcHo ed f. ie ", n
known thai The great body of or feiow-ciriz. n.
81, MdssaehUsefis arc Is firmly dgyotcd 10 or
UnipH, aud The free lsrpuiiic su prin~tnies al m
" vernme as our rlow-C zeus VI ho 9TH 81, -
- th's important rdh, fbrit conduc iu fyetv sf,re
DER Revolutionary struggle, and - u,any oiier enc
ss'r'e'i he"rs AMPLE Testimony anil, 'dd, ~uh
profound 1ferc'', aud f,oroogh 3.oHv.cuon, frt
fitcugh he d'liicuiy advefFd to, IN fhr I,ie was,
wa their Executive, excird eq,ini surprise and ~
rrti, " wa nat believed 10 extend to f,rm 49, |
liefc never w4s = moment when the confidence
"a tho government o. the great 50dg Of our fellow.
fHlens Of titd stae, impaired nor Is 4 4
'oubt entertained they were, all times, willing
'nd ready 10 support their tights, aud fepci an TO-
,aDa BY ihe enemy