The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1826-04-19


o rcimbuTsement--that the State IS not re-
ponsible for the opinions of its officers, wheth-
er right or wrong, SO as to be liable 10 hne or
punishment; aud that the only inquiry was,
whether the services were rendered In defence
of the country, and if so, and found to be lee
essary. they come within the rales adopted IN
allowances to other States.
To this it was reloined, that the constitu-
tional difficulty tainted and rendered void the
whole claim, so that the State of Massachu-
sets could not be let in upon footing with
other States. In this manner the claim rest
ed; the agents of the State constantly solic-
ting the attention of the officers OF this gov
eminent to il, and the officers OF the govern
ment as constantly declining to do any thing
about it. until 1898, when the President was
prevailed upon to direct that portion OF 1t
should be examined. 1t was therefore COM
mitted TO an Auditor, who reported upon 1t,
and upon the evidence by which 1t was sus-
tanned.
The President, after giving, as he says,
great consideration to this report, and seeing
the unequivocal proofs by which the claim
was supported, declared, ina message to Con-
gress, his entire conviction that the services
were spontaneous, patriotic, aud necessary 10
the defence of the country, and ought TO De
allowed. This sentiment he has repeated,
most distinctly and mos. earnestly three
times, in as many messages to this House.-lt
Of this Housebut still the Subject has new
er been acted upon by Congress; and this &C
counts for the delay.
Before proceed to consider more particu-
larly the weight Of this constitutional dittlcui-
ty, will recur again to the transactions oil
1914; and, in connexion with them, ask the
attention of the Committee to one or two facts
to which have not aiverted-not that con-
slider them as affecting this claim, but that
wish to pass over nothing which, by any one,
can be deemed important. In June, OF that
year, troops were ordered out TO defend the
NAVY Yards at Charlestown and Portsmouth
Ia July. eleven hundred men were mustered
into the service of the United States to
strengthen the forts--in the same month, orders
were issued to the officers of militia, to meet
threatened, and to repel actual invasion, with
out waiting for orders from any one.---On the
9Th September, orders were issued to call INTO
the service about four thousand men, tor the
defence o. Boston, and the whole militia were
commanded to hold themselves in readiness, to
enter the service at a moments Warning
On the 18th September, twelve hundred men
were mustered into the service of The United
States, to strengthen the forts in the harbor OF
Boston. These measures were adopted by
the Executive of the State, for the general de-
fence.-On the 5th September, Gen. Dear
born made requisition upon the Governor
for four thousand six hundred troops, to be
distributed along the maritime frontier, Tor sea-
coast defence. The documents do not inform
US whether any reply was made to this de-
mand of Gen. Dearborn--several objections
appear to lie against it, and although cannot
bring my mind TO the persuasion that the cpn-
ions and the proceedings Of the Governors
whether well OF i'll founded, can affect thi,
claim, as | shall by and by attempt TO show,
yet gill state such objections as seem to me,
TO be in any way important. To show their
bearing, must again erecur to the Constitu-
tion and the laws, for the purpose of ascertain
ing whether the President of The United States
had, at this time, any authority to detach and
hold in readiness, to enter the public service,
a body. OF militia. The lay of 1912, under
With me zen thousand men were organized.
ii de1lfpiiEeq Px
600 men were therefore disbanded, and no
longer, as detachment, liable to be called
into service. The power Of Congress, in re-
lation to the militia, has usually been consid-
cred as divided into two branches: The one
has been exercised in preparatory measures,
such as detaching aHd organizing body to be
held in readiness, to enter the service when
an exigency shall occur. This is a power
which may be and is exercised, when no right
exists to call the troops into actual service,
and has always been considered By Congress
as distinct from the power of actually calling
into the service. 1t is preparatory measure,
as it merely places troops IN readiness to enter
the public service. But this preparatory
measure cannot be resorted TO except By an
1r l1k.. /. II,
lfor it is new organization of the mili,ia) can
not be crea;edswithout an act of Congress !;
fog no power can be exercised over the militia
by an officer of the United States, except un-
der law Of Congress. At the time there was
no law authorisng this preparatory organiza-
! tion. The general law of '95 is silent upon
the subject; and that it was never designed
to give authority for such measure, we have
the repeated testimony Of Congress itself, in
three special acts, passed for this purpose,
since the law OF 95 hes been III force one in
1905, one in 1903, and one at the commence
rment Of the war in 1912. In all instances
where the measure had been attempted, it
was always done under special act of legis-
lation, and in no other way. Yet, notwith-
standing this want Of legal provision, Gen.
Armstrong, then Secretary of War, on the 4th
fully, 1914, addressed note to the Execu-
tive Of Massachusetts, inriting him to unite
with certain executives Of other States, in or
ganizing corps of SO, 500 men, to be held in
readiness to enter the public service when an
exigency should occur, and refers TO the gem
ersl law of '95 for his authority; and yet it is
apparent, from the tenor Of the note ITSELF
that the writer doubted his own authority, as
he does not, in the usual manner, command or
require but inrits. If am right in the posi-
.tion have taken, Gen. Armstrong had no
authority TO propose fhis measure nor the
Governor any authority TO execute il for it
does not in any thing pursue the provisions olthe
act Of '95, nor can it be considered, as has been
observed by the Supreme Court OF the United