The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1826-04-19
S5olittrat.
MIR. DAVIS's SPEECH.
House OF REPRESENTATIVES, Of he UNITED
STATES, March 25.

]
| STATES, March 25.
| The Claims of the State of Massachusetts
for services rendered during the late war, be
ing under consideration, in Committee of III,
whole, MIR. DAVIS, of Massachusetts, address
ed the Committee as follows:-
Mr.. CHAIRMAN,-I rise under all thu
weight OF embarrassment, felt by one inexpe
fienced IN legislation, and unaccustomed t.
debate in deliberative assemblies. My voice
fear, is too much AFFECTED by a heavy cold
to be heard in this room. Under these cir
cumstances, it would have been more conso
nant 10 my feelings to listen to others, than
10 attempt to impart Information; but the sub.
J%ct brought under consideration, by my friend
from South-Carolina, (Mr. Hamilton. ! is one
in which the State o. Massachusetts Is deenlr
| interested and i! were not to attempt n
bring it to just issue, should fear NV con-
stltuents would deem it censurabe omission
OF duty. | shall, therefore, submit some re-
marks nponit to the Committee, however pain
fui and embarrassing the effort may be-
ln order that the question, which aris,s on,
OF this claim, may be fully comprehende5
shall briefly notice the history Of the transa,-
lions connected with it, SO far as. in nv iudg-
ment, they are material to full and complete
ferences may draw from these facts, or what
ever comments may make upon them, shall
tie IN spnit of candor--for neither feel any
bitterness on the subject, nor have any sell
hsh motives TO promote. Eleven years have
now passed away, since the events, of which
I am about to speak, occurred and if passion
| or prejudice has ever mingled with the feel
inSs OF any one, in forming opinions in rela-
ilon 10 them. time sufficient has now gone by.
10 restore a cool, deliberate judgment. and 10
enable US TO look upon them with the same
! candor as upon more remote events of history.
u d'spassionate feelings are brought to The
discusslon, and carried toto the final decision
OF the House; If the claim is tired by its mer-
ITS, and ITS fate decided upon Just PRINCIPLES.
! then will the State OF Massachusetts, rest con.
tent with the result for she comes here. moi
10 sue lor Iavof, but for right; and il She has
no right, enc neither asks nor expects any
sacriiice OF principle, any Infringement OF the
Constitution, or the la;gs OF tie nation, to
grant her money. che alleges and proves
that she has done essential service to the r..
nlteo States, in defending their territory in
'ithe oil War; that she has betrayed The charc-
es, and now asks reimburss ln-n.. hecause
these services were rendered Tor the United
otates, and because claims for like services
have been allowed to other States. | will
nor however, anticipate remarks which will
| IAN more appropriately undeca distinct head,
out VIII proceed, at once, to 40 examination
OF the facts. | shall commence by recur-
have been adopted as preparatory to the war.
In April, 1912, Congress passed a law re-
curing the Executives Of the several States
10 detail, organize, and hold in readiness, TO
be called INTO the service OF the United States,
at moments warning, 100000 militia. The
quota assigned to Massachusetts was about
10000, and The Executive were required to
| organize the men, when detached, according
to law, and to appoint full complement OF
| officers to the command. This order, or law,
was executed by detaching and organizing
the troops into three divisions, and six brig
AIDES. Another measure adopted, as prepare
| tory, was division OF the United States into
military districts, with an officer OF high rank,
in the commission q. the United States. TO
command each district say, TO command
| the district, because il appears By the dccn-
ments on your table, that it was not the in
tention of the Government to place under the
command OF the officer OF district number one,
! within the territory OF which was Massachu-
sets, any considerable number Of regular
troops. This officer was invested with kind
OF procensdlar power, having entrusted to
him not only the care and supervision of mill
itary affairs in the district, but an authority TO
call into the service of the United States, the
troops detached under the law of April, 1912.
! 1t was made known 10 the Executive on
the 18th OF June, 1872 by the Secretary OF
War, that Gen. Dearborn, the commanding
I othcer OF the district, was invested with this
authority, and the Executive was required 10
order the detached quota of men into the pub
lie service upon the call of Gen. Dearborn
On the 18th of June, war was declared a.
gaInst Great-Britam; and, on the 22d Of that
month, Gen. Dearborn asked Tor 4 eoatpdqlies
OF this detached militia to enter the public
| service. The Governor declined executing
the order-and from this arose difference OF
opinion between the Executive of the State
and OF the United States, and to this differ
cnce OF opinion is TO be referred almost all
! the difficulties and ".nost all the controversy
I between the two Governments, relative to
the allowance of these claims. 1t becomes,
(, therefore, necessary TO examine, with some
cafe, the course OF proceeding on the one side
and the other, and the reasons by which the
parties at issue were governed. | shall dc
little more than state the points which have
been made, without attempting 10 enter much
into discussion of them. To compliance
with this call, two objections have been urg-
ed-one TO the form of The cali, the other &c
the occasion of it. | will briefly examine
them separately.
The call was for forty. one companies of a
body Of men already detached aud fully or.
ganised, by special Act of Congress, and by
order Of the War Department, into compa-
MES, hattalions. regiments, brigades, and di
visions, and the full complement of officer.
appointed thereto, by the constitutional au
thorities of the State. The troops thus organ
lied, constituted three divisions.
The requisition was for forty -one compan
les, and the highest officer to be taken into tn,
service Of the United states was Lieut.. Col
onel, although forty-ons companies constitut
ed about one third Of the coTns or a Maio