The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1855-03-21


must actually take place before you can
prepare for it. You must not wait to
permit the enemy to land before you
make preparation but the militia are to
be called out to repel invasion under the
construction which has been given to the
Constitution from the commencement
The Governor Of Massachusetts, refused
TO call out the militia at that time when
the country was actually invaded He
refused to do it, as | tell the honorable
Senator, when the British were ranging
on tho coast from the Bay Of Fundy to
St Mary's
Mr.. President, We mus. rccollect the
strange state of things connected with
our country at that time we must recol-
lect that it was for years quasi war be.
tween us and England, the advantages
bong all on her side. II cannot escape
our recollection that the Chesapeake.
sailing out of our country, was attacked
by the British ship Leopard, and men
impressed from her and I can repeat to
this very day, though l have not fead it
for many years, the beautiful paragraph
in the proclamation of Mr. Jefferson
which he issued on that memorable occa-
sion. After recapitulating the outra-
gcous conduct of the British, and the
spirit Of forbearancc which this Govern.
ment had exercised, be goes on to say
that at length they had transcribed all
former acts of violence, and brought the
national feeling to crisis and the Gov.
crnment TO y necessary pause You
were liable at any time to an invasion
from the moment war was declared, and
] repeat, the Governors of all the New
England Statos,not Massachusetts, alone,
put that construction upon their powers
and held back their militia; and still
worse, Mr.. President, that doctrine con-
tiuued down to lSl4--down to August,
1914, after this Capitol had been burnt
by Gothic enemy. and when the baltic
of North Point had to be fought. where
the citizens Ct Baltimore nobly defended
their own town aud repulscd the enemy
the Governor Of Massachusetts, refus.
cd to call out the militia and place them
under the orders Of tho United States.
That is an historical fact.
l repeat, Mr. President. I did not rise
to argue this point at all These are
simply PREDATORY observations. will
now begin By reading the message Of
MIR Madison announcing to the Congress
of 1914 this doctrine:
Among the incidents to the meas.
ures OF the war, am constrained to ad.
vert to the refusal of the Governors OF
sachusetts and Connecticut to furnish
tho required detachments of militia to.
ward the defence of the maritime from
tier. Tho refusal was founded on n
novel and unfortunate exposition of the
provisions Of the Constitution relating t.
the militia. Tho correspondence which
will be laid before you contain the re-
quisite information on the subject. j
is obvious that, if the authority of the
United States to call into service an
command the militia for the public de
fence can be thu, frustrated, even in i
state Of declared war. and, ofcourse Nv
der npprehensions of invasion precedi /:
war, they are not ono nation for the pm
pose most of all requiring it, and til =,
the public safety may have no other re.
source than in those large and permanen.
military esta blishmcnts which arc for
hidden by the principles of our free Gov
eminent, and against the necessity Of
which the militia were meant to be Il
constitutional bulwark.'
In 1914 the committee Of the Senai
CALLED upon the Executive for his views
in relation to the matter Mr.. Monroe
was then Secretary of War Like trua
patriot, he had exchanged the Depart.
ment Of State, where tho duties wcro
comparatively light. to take. under crit.
cal circumstances, and at the request Of
the President the Department Of War,
and have here his reply to the request
Of the committee of the Senate.
ln that report he states the points
which have been raised. These points
nre stated by the Governor of Massa.
chusetts in bis communication to The
Secretary Of War. lie says that he had
called upon the members of the judicial
tribunal Of the provisions Of its Cons,.
tuition, TO ascertain their opinion upon
these two questions
First Whether tho commandments.
chief of the militia of the several States
have light to determine whether any
Of the exigences contemplated by the
Constitution of the United States exist.
so as to require them TO place the milI
tia or any part Of it in the service of the
United States, at the request of the
President. to be commanded by him,
pursuant to acts of Congress.
Second, Whether, when either Of the
exigcncies exist authorizing the employ
ing Of militia in the service Of the Unit
ed States, the militia thus employed can
be lawfully commanded by any officer
but of the militia, except by the Prcsi-
dent Of the United States
To these two questions the answer Of
the supreme tribunal of Massachusetts,
was, that the Governors had the right to
determine the cNigcncy and that. when
thc militia of the State were acting in
conjunction with the military forces of
the United States or with the militia of
The other States, there was no officer
but the President himself in person who
could take the command of them; so that
the detachmcnts of militia of the thirty
one States Of Ito Union, if now called
out under such a doctrine, would have
tbirty-one commanders, and they would
probably have to-, resort TO the Grecian
method Of taking the command day by
day. That wasstIe decision of-tBe-Sl:
premo Court Of Massachusetts,. Now,
what does Mr.. Monroe say
rHo.o NJ. ~ ,oaA n la,,o, e NJ.