Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-05-11
Eighteenth Congress /.
nousa or REpREsryTAT1vrs
TUESDAY, MAY 4

81 b
HOUSE OF REPRESENTATIVES,.
TUESDAY, MAY A.
After the presentation of petitions
Mr. Hamilton of South Carolina, from tl,,
Military Committee, to which was referred the
Message of the President of the UnteL States
on the Claim of Massachusetts for services ron
dered by the Militia of that State during the
late war with Great Britain made report. oc.
conpanicl, " a bill 'sto authorize the settle
mesit and pay nanf Oh Che claims of the State Of
Massachlse.ts for csrtain services rendered dur
any the late war; -
The following IS copy of the report
The COMMITTEE on Military Affairs 20 which
was -ofe-rci tie Message of the President oftbe
Uuite,l States, /" on TIC claim of Massachusetts
for services rendered. by the Militia of that state
during tie late war with Great Britain. beo.
leave post respectfully TO report:
Fat In considering the subject submitted To
their investigation, they have been fully i'm.
pressed wit. Its intrinsic Importance, and. its
association with events which were once the oc-
casion OF much se,,si5ility and excitement
They trust however, that they have approached
the discussion, devoid of all prejudice, with an
honest desire, in doing justice, to sustain those
great principles of concord and power, which
are essential TO the durability ofttiis Union.
Your Committee deem it entirely unnecesso-
ry, that they should recite all the circumstan
ces comprising history of this claim, as they
are generally known to the nation, and are to
be found lii an authentic shape, in the docu-
lncnts accompanying the Presidents message.
To this source your committee would ask spe-
cid reference
twill be sufficient for present purposes ia
premise that large portion of the claim of
Massachusetts, docs not appear to be affected by
those Constitutional difficulties, whic! so lonr
IN the consideration OF the Executive of TIN,
United States, operated as an impeachment to its
adjustment.
Your con-nittcrarc unanimously of opinion,
that the services rendered by the militia of Mas
saCaIsotts, winch may be considered beyond
all exec .,t.on, and as entitled 10 remuneration,
are comprised in a class of cases, in which, by
the spontaneous impulse of the militia, with or
without the sanction of the Executive of that
state, or with or without the reausition on the
part OF the officer of the United States com
Inaaiing the Department, they assembled
either for the purpose ofrepclling actual ,nya-
sion, or under we'll founded apprehension of
INVASION 1t, is in fact, on this p.inciple and on
this principle only, that the claims for militia
scryic csof the various states have been audited
AMI allowed at the Department of War. Scryi-
oes of this description, patriofically performed.
ought not to be prejuiiced by pre-existing
difference of opinion between the Executive
OF Massachusetts, AMI the commanding officer
ofthe Unitei States forces as to an abstract
construction oftslc constitution when such a diff.
ference of opinion appears to have had no sort
OF effect on the extent and character of the SER
vices afforded. Bat, on the other hand your
committee are equally unanimous in declaring.
that, in all cases where the acts of the Eyenu
tive OF massachusetts gave direction TO the
services of the militia Of that state in opnosi-
ton to tae views of the general government, the
cliin for such .,rvicos is altogether inadmissi-
BILE; for these the government of Massachusetts,
may be considered to have incurred an Interior
AMI exclusive responsibility to her own people.
Your committee waive the discussion of the
question, how far the rcnunciation, on the part
of the Executive and Legislature oftle state of
Massachusetts, of the unconstitutional princi-
Piles on which the t.Ten Governor of that state
actc!, IN the early stages Of the war is neccssa.
~ to the allowance Of any portion of the claims
of the state for the serycesin questions. These
claims, when irstpresentcd for adjustment, i'm
meiiatcly after the late war, were considered
rather i'll the mass, than in reference to the par
;icuar items of which they arc composed. In
fact, at that early period, the principles on
which the claims for militia services ought to re
audit5d and allowed, were but mperfecty fix
ell. The Subsequent presentation aill cxani-
nation of the claims of the several states. for
sIc', services, have she'd much light on this sub
jet, al have atfosdei many advantages at the
present moment in examining those of Massa-
ch1ssu5. Distractions, important to tho elu-
ciistio1 OF principles, and to the ascoTtainrnent
of justice, have been taken, AMI srstained.
which IN g'lt naturally have been overlooked at
the commencement ofthe discussion.
Yodr CO nmtte however, cannot atsla ali,
frs il lalgins in remark that il the fact OF
the Government Of Massachusetts having de-
Cdaei, for some years subsequent to the late
war, to ro3oTncc the unconstitutional doctrines
o. her then Executive, as developed in the opin-
i,as Of the JUICES of her Supreme Judicial
Curt, can he supp sch ever to have borne up-
on That portion OF the CHIN which the commit
tee have rec)nnaaded for payment, the recent
disIv1yal of h., present Executive and Leris-
Satire furnishes ut least belief dat all danger
OF Il future collision betwccn the General Co
vera nsnt AMI tao States, in reference to the au-
thority OF the former over the militia Of the lat
ter, has been permanently removed. In this
a'-ht, the committee cannot but regard the re.
1,IncIation as honorable to the Chief Magistrate
AMI Legislature of Massachusetts an a, hioh.
" useful in fixing the true Interpretation of the
constitution, OF an interesting and important
p0iat. This disagOwal, in consouauce, as il i.
asfrlne !, with the sentiment of the great mas
Of the pcaplc Of Massachusetts, is III Iced ref.
Grafton Of TIC language which expressed b,
the Scaltc that State, in October, 1919, al
the mo nent wlIcl the unfortunate irritation be-
tween the National and State funetiomries wa.
most exaspcyatoI, and when remuneration for
thcse services formed neither subject of cal
GulatlOn OF desire.
Your committee, in conclusion, rec a;nnend
that, in all cases where the militia Of the state
OF Massachusetts were Gale ont in confornt,
with thc desire of an officer Of the General Go
vernmc;it, or to rcpel actual invasion, or under
aweil louadsd apprehension Of invasion, DARING