Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1824-05-06

The Executive of Massachusetts ana tDe
commanding officer OF the United States
forces. az TO af abstract construction OF the
constitution, when such difference OF o.
pinion appears to have had no sort Of ell
fec, on The extent and character OF the
services afforded. But, on the oiber hand,
your committee are equally unanimous 10
declaring, that, in all cases where The acls
OF The Executive Of Massachusetts, gave
direction TO the services OF the militia o.
that slate, in opposition to the views OF
the general government The claim ior
such services is altogether inadmissl6'e;
Tor these, The government OF massschu
setts may be considered 10 have incurred
an ulterior and exclusive responsibility 10
Der own people. i.
Your committee waive the discussion OF
the question, how lar the remuneration, on
the par, OF the Executive and Legislature
of the state Of Massachusetts, OF the con
situtional principles on which the then
governor of that state acted, 10 the early
stages of The war, is necessary to the al
lowance Of any portion OF the claims OF the
state tor the services 10 question. These
claims, when first presented tor ADJUST
ment, immediately alter tie late war,
were considered rather 10 the mass. than
in reference to the particular items oil
which they are composed In fact, at that
early period, the principles on which rest
the claims tor military services ought 10
be audited and allowed, were but imper'
fec,ly fixed. The subsequent presenta>
lion and examination of the claims OF the
several states, for such services, have shed
much light on this subject, and have al
iorded many advantages at the present
moment, in examining those OF hlassachu'
sets. Distinctions, important to the elu'
cidation OF principles, and 10 the ascer..
tainment of Justice, have been taken and
sustained, which might naturally have
been overlooked al the commencement OF
the discussion
Your committee, however, cannot abb
stain from INDUCING in one remark-that,
if the fact OF the government OF Massa.
chuset,s having declined, Tor some years
SUBSEQUENT TO the late war, TO reDouDce
the unconstitutional doctrines o. her then
Executive. as developed in the opinions OF
the Judges OF her Supreme Judicial Court.
can be supposed ever to have borne upon
that portion of be claim which the COM
mitlee have recommended tor payment,
the recent disavowal of her present Ex'
ecutive and Legislature furnishes at least
a belief that all danger of a future collision
between the General Government aud the
States, in reference 10 the authority OF the
former over the militia of the latter, has
been permanently removed In this light,
The committee cannot but regard the re-
nunclatiOn a. honorable to the Chief Ma
listrate and Legislature of Massac husetts,
and as highly useful in fixing the true in
terpretatiun OF the constitution, on an IN
telesting and important point This dis
ayowal, in consonaDce, as 1t IS affirmed,
with the sentiment OF the great mass OF
the people OF Massa chusetts, is indeed
a reiteralion of the language which was
expressed by the Senate OF that State, as
early as October, 1919. at the moment
when the unfortunate irritation between
the National and State functioDaries was
most exaspersted, and when remuneration
for these services formed neither sub.
lect OF calculation OF desire.
Your committee. IN conclusion, recon-.
mend, that 10 ali cases where the militia
of The state OF Massa cbusetts were called
out in conformity with the desire OF an OF.
ticer OF the General Government, or TO re.
pei actua invasion, or under well found.
ed apprehension OF invasion, during the
late war, the claim OF The state tor such
niIiia be allowed under The usual rules OF
auditing Il allowing similar claims ;provIded
the number OF troops so called out, were
not in undue proportion to the exigency
Your Committee likewise recommend
that the claims of Massachusetts, not com
pretended in the above description OF
cases, be disaIlowed. And, in conforms
~ with the foregoing principles, ask leave
to report bill,
The report was referred to committee
OF the whole.
PROPOSED ADJOURNMENT.
Mr.. Taylor, OF New York, from the
joint committee appointed to consider the
subject OF the day for terminating the pre-.
sent Session OF Congress, reported an a.
mendment 10 the resolution from the Sc.
nate OH that subject, proposing u substi-
tu,e the nineteenth day Of May Tor the day
proposed by the Senate,
The question being on agreeing 10 the
amendment thus reported
Mr.. McLaDe, of Delaware, proiessed
himself, TOR one, TO be unprepared TO vote
upon this question now, tor want of the
means of ascertaining what time would he
required Tor the completion of all the ne.
cessary business before the House. Adj
verting to the committee appointed on MIR
Edgurds' Address. he remarked, that, al
though he should be as unwilling TO insii-
tute such an investigation as any member
of the House, yet having constituted
committee Tor the investigation, he was,
tor one, unwilling to terminate the Ses-
sion, until it was completed. Until, there
fore, he could know when that insestiga.
ton would end, be could not give bis con.
sent 10 any proposition fixing a day for
- L l. l.