Massachusetts spy and Worcester advertiser. [volume] ([Worcester, Mass.]) 1823-1825, 1824-03-10

50
not complete power for those purposes, but
| conditional, and dependent on the consent O.
the Executives of the several states and, al
| so, that, when called into service, such con
| sent being given, they could not he command
ed by regular officer of the United States
or other officer than of the Militia, except by
the President in person. That this decision
of the Executive of Massachusetts, was repug
nant TO the constitution of the United States
and OF dangerous tendency, especially wher
1t is considered, that we were then engaged
in war with powerful nation, in defence
of our common rights, was the decided opn
ion of this Government, and when the period
at which that decision was formed, was con
sidered, it being as early as the fifth of Au
gust, eighteen hundred and twelve, immedi
ately after the war was declared, and that il
was not relinqushed during the war, il wa,
inferred, by the Executive of the United
States, that the decision of the Executive Of
that State was alike applicable to all the
services that were rendered by the militia O
the state during the war.
In the correspondence with the Governor
OF Massachusetts, at that important epoch, and
on that very interesting subject, it was an
nounced to HIM, by the Secretary OF war
that, if the militia of the State were called in.
to service by the Executive of the State, and
not put under the command of the Major
General of the United States, as the militia
| OF the other States were, the expense attend
! ing their service would be Chargeable to the
State, and not to the United States. 1t was
also stated TO him, at the same time, that any
claim which the State might have for the re-
endorsement of such expenses, could not be
allowed by the Executive of the United
States, since it would involve principles on
which that branch of the government could
not decide.
! Under these circumstances, a decision on
the claim of the State of Massachusetts has
hitherto heen suspended, and it need not be
remarked, that the suspension has proceeded
! from conviction that it would be improper
to give any sanction by its admission, or by
the admission of any part thereof, either to
the construction Of the constitution contended
for by the then Executive of that State, or to
its conduct, at that period, towards the Gen
eral Government of the Union.
In January, eighteen hundred and twenty
three, the Representatives in Congress from
Massachusetts and Maine, suggested, by me-
mortal, that the Constitutional objection could
not apply to portion of the claim, and re-
| questing that the accounting officer of the
government might be instructed to audit and
admit such part as might be free from that
| objection. In all cases where claims are pre-
sented for Militia service, it is the duty and
the practice of the accounting officer TO sub
NIT them to the department for instruction as
to the legality of the claim that is, whether
the service had been rendered by order OF
the competent authority, or otherwise, under
| circumstances to justify the claim against
the United States, admitting that the evil
dence in support of it should be satisfactory.
10 This request, there appeared to be no
weIl-founded objection, under the reserya-
ton, as to the Constitutional principle, and
| accordingly an order was given to the &C
| counting officers of the Treasury, to proceed
in auditing the claim, with that reservation.
In conformity with this arrangement, the
Executive Of Massachusetts appointed two
| citizens of that State, commissioners to at
tend to the settlement of its claim, and who.
in execution of the trust reposed in them,
have presented to the accounting officer of
the Treasury that portion, comprehending the
services OF the fifth division of the Militia of
the State, which has been audited and re-
ton above stated. | have examined this
report, with the documents presented by the
commissioners, and am Of opinion that the
services rendered by that division were spon-
| taneous, patriotic and proper, necessary for
selt-defence. to repel, in some instances, &C.
| tual invasion, and in others, to meet, by ade-
qnate preparation, invasons that were men
aced.-Ihe commissioners of the State having
intirmated that other portions of service stood
on similar ground, the accounting officer has
been instructed. in auditing the whole, to do
it IN such manner as to enable the depart
ment to show distinctly under what circum-
stances each portion of service was rendered.
whether voluntary, called out by invasion, or
the menace OF invasion, or by public authori-
ty; and in such case, whether the Militia
rendering such service was placed under the
authority of the United States, or retained
under that of the State.
1t affords me great pleasure to state, that
the present Executive of Massachusetts has
disclaimed the principle which was maintain
ed by the former Executive, and that in this
disclaimer, both branches of the Legislature
have concurred. By this remuneration. the
State is placed on the same ground, in this
respect, with the other States, and this yery
distressing anomaly in our system is remoy-
ed. 1t is we'll known that the great body of
our fellow citizens in Massachusetts are as
firmly devoted to our Union, and to the free
republican principles of our government, as
our fellow citizens of the other States. Of
this important truth, their conduct in every
stage of our Revolutionary struggle, and in
many other emergencies, oears ample testi-
mony and, add, with profound interest
and a thorough conviction, that, although
the difficulty adverted to, in the late war,
with the Executive, excited equal surprise
and regret, it was not believed to extend to
them. There never was moment when the
confidence of the government in the great
body flour fellow citizens of that state, was
impaired nor is doubt entertained that
they were, at all times, willing and ready to
support their rights, and repel an invasion by
the enemy.
The Commissioners of Massachusetts have
urged, in compliance with their instructions,
y