The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1826-02-15


statement by committee of the legislature,
is no light matter; end out of respect to the
public must be met plainly and without re-
serve. The wonder is that your Excellency
| should insert such q declaration in your letter
of the 7th November, after reading the reports
on the claim and my letter of the 9th Octo-
! Der; which, taken in connection with that
your Excellency received in July, and that to
the Secretary which your Exceency read in
August, put your Excellency on the 7th Mo-
vember so fully in possession Of every fact and
circumstance in relation TO the conduct Of the
claim, that without any further information
your Excellency prepared the long and ample
communication on the subject, which makes
so large portion of your Excellency's mes
sage at the opening of the legislature.
Why then, sir, this unremitted complaint.
| Why this tone of apprehension throughout the
letter, as if a call for instructions could be a
| cause of offence? knew your Excellency's
opinion that our State ought not TO recover
payment for the South Boston services, and
differing entirely from your Excelency OIL this
point, how could act on my own views with
out authority, or on yours without instruc-
| tons The time had arrived when full ex-
position of our rights was needed, when the
views of the State in respect TO the extent OF
its OWN rights must be expressed. The dis
| criminaGve provisions of the bill reported this
session proves that time had arrived. 1t was
my purpose, sir, TO maintain, in written com
munication 20 the Secretary of War, our right
| to reimbursement for all necessary services
without exception, upon such principles as
| would unite all the members of both delega-
tons in support of our whole claim. Acting
as agent of the whole State and not of q par
| ty, how could do otherwise? Such COM
1 y,crcaofaI hU fl,n aid If oil
delegates, and passing with the other printed
documents into the hands of members OF Con-
sress from other States, must have brought
them with more knowledge and better dispo.
sitions to the discussion of our rights. Your
| Excellency, however, chose TO withhold the
instructions sought OF this | have no right
to complain but in doing this your Excelien-
cy has insisted, which imposes on me the un-
welcome task Of showing your Excellency
again in error, that was already instructed
on the topic on which sought instructions.
"Nor can you," says the letter, "justly
consider yourself, as you suggest without in
structions ON this topic" And then the letter
refers me "to all the measures" in reference
"to the claim which had been adopted By the
Executive and Legislative Departments of
the State government since the constitution of
my agency, as properly my instructions on this
topic" Sir, there is not word in any of
them which has the slightest bearing on the
subject. For what is the topic' 1t ia ques-
ton on the construction OF the constitution:
not that old question of the paramount right OF
the Governor TO decide in all cases OH the ex-
pediency of acquisitions; nor that other quest
ion of the incapacity of the President to com.
mand militia exceptm person; not these which
your Exceliency Says are obviated: but
one widely different. The United States,
it is now admitted on al! sides, are bound
TO reimburse a STATE for militia services
necessary in defence of her soil and the
question IL, whether the United States are
absolved from this constitutional Obligation
10 protect each Slate agaioat invasion by the
refusal of an Executive 10 comply with rcqui-
sitiors. or, considering the question IN lis
consequences, whether the people OF State,
citizens of the United States in state minors
ty, forfeit all right TO protection from the
United States BIZ an error of a State Execu-
tive, over whom: they have no control: or,
stating the question in technical language,
whether the constitutional obligation of the
United States to protect each State against in
: vasion is absolute and unconditional, or con-
, tingent and dependent. In these and in all
views of it am constrained, sir, to repeat,
there is obviously, from the very nature OF the
measures or documents referred to, not pas
{ sage or a word, that can furnish the least in-
e sTucton on the topic.
This reference is rendered the more extra
ordinary from the next preceding paragraph.
Your Excellency, the letter says in that, " is
= at loss to understand how the bearing of the
D Executive conduct Of our State during the
: war on our present right to reimbursement, IS
brought into view by the Reports Of the third
e auditor; or in wha: manner the view which
CI1Aa
r may be considered as taking of this SUBJ
ject, ,ciH be very decisive of the future
fate of the claim.' On the FIRST branch of
this inquiry, have the honor TO refer your
Excellency to the Reports on the 9th Division,
the South Boston services. might also refer
to the Reports on the 18th and 9th, and on
the 18th and 18th Divisions +; but the discrim-
mating provisions Of the new bill, excluding
: from allowance services however necessary in
defence OF the State, where the troops who
performed them were withheld from the Unit
: ed States officers, leaves 10 room to doubt
!, now, Sir, that the question on which asked
instructions was presented in the Reports.
On the second branch of the inquiry " in what
manner the view which the State by your
Excellency's instructions may be considered
as taking Of this subject iciH be very decisive
: of the future fate of the claim" | have the
honor 10 observe, the governor OF state Is
t its organ of communication with the national
D government. His declaration as to the rights
+ of his State, are its admissions in open court
against itself; decisive, beyond control.
9 Should then the chairman of the military COM
mitee declare>in debate upon our cause he
: fore Congress, that the Governor of Massachu.
sets, lawyer, and recently one of her juds-
5 es, is of opinion the South Boston services
$ ought not to be recovered not all the elo-
c quence of our State could avail any thing
o against such disclosure. Your Excellency's
o letter of the 7th Nov. by refusing to give me
n instructions that the conduct Of our Executive
e during the war ought not to be considered as
" having any bearing on our present right to re-