Massachusetts spy and Worcester advertiser. [volume] ([Worcester, Mass.]) 1823-1825, 1824-05-12
MASSACHUSETTS CLAIM.
HOUSE OF REPRESENTATIVES,.

| ""o S'OilSu lLiC hSASdSc VI tie IreS'
Ident OF the United States on the claim
of Massachusetts for services rendered
by the Militia Of that State during the
late war with Great Britain, made re-
port, accompanied by bill "to author
re the settlement and payment of the
claims of the State of Massachusetts for
certain services rendered during the
late war"
The following is a copy of the report
The Committee on Military Affairs,
TO which was referred the Message of
the President of the United States, "on
the claim of Massachusetts, for services
rendered by the Militia of that state
during the late war with Great Britain,
beg leave most respectfully to report:
That, in considering the subject sub
mltted TO their investigation, they have
been fully impressed with its intrinsic
Importance, and lis association with e.
vents which were once the occasion of
much senslbility and excitement. They
trust, however, that they have APP
preached the discussion, devoid of all
prejudice, with an honest desire, in do
ing justice, to sustain those great prin-
clples OF concord and power, which are
essential to the durability of this Union.
Your Committee deem it entirely I'M
necessary, that they should recite all the
circumstances comprising history of
this claim, as they are generally known
10 the nation, and are to be found in an
authentic shape, in the documents ac-
companyiDg the Presidents Message.
10 this source your committee would
ask special reference.
1t will be sufficient for present pur-
poses to premise, that a large portion of
the claim Of Massachusetts, does not APP
pear to be affected by those Constitu-
honal difficulties, which SO long in the
consideration Of the Executive of the
United States, operated as an impedi-
ment to its adjustment
Your committee are unanimously Of
opinion, that the services rendered by
the militia of Massachusetts, which may
be considered beyond all exception, and
as entitled to remuneration, are COM
prised in a class of cases, in which, by
the spontaneous impulse of the militia,
with or without the sanction of the Ex-
ecutlve of that state, or with or without
requisition on the part of the officer
OF the United Statss commanding the
Department, they assembled, either for
the purpose Of repelling actual invasion
or under a we'll founded apprehension
OF invasion. 1t is, in fact, on this prin-
ciple, and 90 this principle only, that
the claims for militia services of the va
nous states have been audited and al
lowed at the Department of War. Ser
vices of this description, periodically
performed, ought not to be prejudiced
by pre.existing difference of opinion
between the Executive of Massachu-
sets, and the commanding officer ofthe
United States forces, as to, an abstract
construction of the constitution, when
such difference of opinion appears to
have had no sort of effect on the extent
and character of the services afforded.
But, on the other hand, your committee
are equally unanimous in declaring, that
IN all cases where the acts of the Ex-
ecutive of Massachusetts gave a direc-
tlon TO the services of the militia of that
state, in opposition to the views of the
general government, the claim for such
services is altogether inadmissible; for
these, The government of Massachusetts
may be considered to have incurred an
ulterior and. exclusive responsibility to
her own people.
Your committee waive the discussion
of the question, how far the renuncia-
ton, on the part Of the Executive and
Legislature of the state of Massachu-
sets, of the unconstitutional principles
on which the then Governor ofthat state
acted, in the early stages of The war, is
necessary to the allowance ofany por-
ton of the claims of the state for the
services in question. These claims,
when first presented for adjustment, i'm
mediately after the late war, were con-
sidered rather in the mass, than in ref
erence to the particular items of which
they are composed. In fact, at that
early period, the principles on which
the claims for militia services ought to
be audited and allowed, were but i'm
perfectly fixed. The subsequent pre-
sentation and examination of the claims
of the several states, for such services,
have shed much light on this subject,
and have afforded many advantages at
the present moment in examining those
Of Massachusetts. Distinctions, impor-
tant to The calculation of principles, and
to the ascertaipment of Justice, have
been taken, and sustained, which might.
naturally have been overlooked at the
commencement of The discussion.
Your committee, however, cannot abb