The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1826-01-18
woRoEsrra, MASS. nov. I, 1895.

GlfSs--A nave Deen iaVcufcd wan tte 10
ceipt Of your letter of the 9th ult. with the
accompanying printed documents, showing
the progress which has been made in the
auditing of the Massachusetts Claim. The
disposition which has been given TO this in
teresting subject, is one Off small enlbarrass-
ment to the Executive of this Commonwealth.
OF this, it viii be useless now to complain.
But if the claim, in any part, is sustained
upon either OF the grounds which have been
assumed, as authorizing payments already
made TO other States, or indeed upon the ba-
sis of the Report of the Committee of Con-
gress on Military Affairs, i. cannot cease TO be
regretted. that, to such amount at least, the
result OF the auditing should not be conclu-
siye of the right TO reimbursement.
That portion Of the services rendered by
the militia of the State, during the last war,
were of meTitorious character and eNtitle
US to remuneration, is distinctly admitted in
the Message of the President of the 23d of
February, 1924, and is repeated by the Com
mittee, in the nrcst explicit TERMS, in their
Report of the Sd of May following. The
Bill, which was before the last Congress,
contains no new or peculiar provisions, in ia
vor Of the allowance of the claim. Wher-
ever, in other instances, during the war, the
militia were called out, at the desire or
instance of an officer of the National Gov
atPRs@ass 9E t2 dTssa9eap Of INVASION
having due regard to the urgency of the oc-
caslon, in the extent Of the requisiton, the
compensation has been made upon the sole
authority of the Executive, with the appro-
baton of Congress, and of the whole peo-
pie Of the United States. Why then should
services rendered under like circumstances by
Massachusetts,, be postponed, TO the discussion
OF questions of political principle or expedi
ency, which can be made to apply only to
| other and very distinguishable portions of the
| account? The Government of the United
States will not assert right TO arraign the
State soyereignties for acts of supposed insu-
bordination, much less to n,ulct them for
constructive dsobedience, or for errors in
opinion Yet such, in effect, is the denial
OF payment -onfessediy due, upon the plea
OF objections, however well founded, 10 the
course Of our Executive proceedings, in re-
ference to the conduct of the War.
Upon this latter point, have nothing of adj
ditional consideration to offer, to the express
ed opinions of my late venerable, patriotic
predecessor. and of both branches Of re-
publican Legislature, distinctly made known
TO the President and Congress. As mem
Der OF one or the other branch Of the Legis-
lature, during The war, in common with those
OF my fellow citizens who were designated as
The republican party, did not cease from re-
monstrating against, and lanenting the course
OF conduct which was pursued by the major
lty. II cannot, therefore, be necessary for me
individually, to repeat disavowal of the
principles which then prevailed, or disap-
proVal of the measures which were conse-
quenty adopted. Yet, as a witness Of the
times and of the actions of men, | may be
permitted to urge the fidelity of the great
body OF the people TO the cause of the coun-
try, and the purity and singleness OF motive
with which the citizen soldiers. anon S4tct1
orders as tcere issued 10 them, FASTENED to the
defence of the nation. The services, thus
performed, Were efcctual to the common OBJ
Ject. Invasion was repealed or prevented 81
the sea coast was guarded ;-cities and places
exposed to attack and destruction were sue
cessluiiy defended and property and life
preserved. Nearly a million Of dollars
drawn from the people of the Commonwealth
were thus expended, besides an incalculable
amount OF voluntary personal service, and the
appropriation OF much treasure, gfatuitously
rendered by patriotism, TO the all and support
OF the Government. For these sacrifices and
services, falling alike upon those who were in
sentiment with the Administration and those
who differed from and were opposed to its
measures, indemnify is not to be sought at
the price of State humiliation. There are
other and more worthy considerations upon
waich it may be demanded-those of strict
right, as 10 that part of the claim which falls
within the principle of allowance adopted by
the Government, in other cases-and those Of
broad and enlightened equity, which reach
o1o all erxrsc In n
conducive to the public security.
am at "a loss TO understand, how "the
bearing of the Executive conduct of our State.
during the war, on our present right 10 reim-
bursement, is brought into view by the Re-
ports' Of the Third Auditor of the Treasu-
~, which you have transmitted to me, or in
what manner 8 the view which the State, by
my Instructions, may be considered as taking
Of this subject, will be very decisive of the
future fate Of the claim" The State, both in
have already directed an earnest prosecution
of the claim, as founded, 10 a great e9tsnt, in
the principles Of political right, and of the
most substantial justice. The constitutional
objection which has heretofore been opposed
to consideration of some portions Of the mill
tia service, has been obyiated, so far as it can
ever be, by an express dissvowal of the prin-
ciples which were commended for by the State
Executive, in deciding upon the constitutional
right Of the President TO determine the exgen-
cy, which would authorize a reQuisition for
the militia, and the obligation which deyolved
upon him personally, TO command them, when
called into actual service. The construction
OF the Constitution, then insisted upon, by the
State Government is therefore no longer main
tanned. In this, there has been an uniform
consistency Of language and conduct, by those
who we're then in the minority, and those
who now compose the Administration. Far
Their than this, we cannot go. 1t is no more
TO be denied, that sentiments were authorita-
lively expressed during the war, which are
not entertained now, than it is, that the men.