Address to the People of Massachusetts (n. t. p., 1812, 80, 14 pages); also in Niles, II, 417–419. The Correspondence between the Secretary of War, the Governor and United States military officers is given in the Annals, 12 Cong., 2 sess., Appx., 1295–1304; Amer. State Papers, Military Affairs, I, 321–325, 607–608, 610–614; Senate Doc., 18 Cong. I sess., II, No. 43, 135, 137–139, 142–164. All the important documents in connection with the Mass. claim are to be found in the above, and in Military Affairs, III, 8–10, 104–108; IV, 293–295; Resolves of Mass., 1828–31, 256–263; Cong. Debate, 1829–30, 357–359. General references: Adams VI, 305, 309, 399–402; VIII, 219–223, 272; Barry, Mass., III, 379–390; Dwight, Hartford Convention, 233–275 in passim, 282–285; Hildreth, VI, 319–325, 372–374, 484–500, 531; McMaster, III, 543–546; IV, 231, 244–247; Schouler, II, 356, 422–424; Von Holst, I, 233–246, 259–260; Adams, New Eng. Federalism; Kent, Commentaries (13th ed.), I, 263–265; Story (5th ed.), iI, 121–126; Winsor, Memorial Hist. of Boston, III, 211–215, 303–311.
28. Extracts from the Letter of Governor Strong of Massachusetts to Secretary of War Eustis.
August 5, 1812.
The following extracts, together with the Opinion of the Judges, present briefly the reasons for the refusal of Governor Strong to honor the call for the militia. The Governor's views are set forth more fully in his Speech to the General Court, October 14, 1812. (Resolves of Mass., 1812–15, 75, 78; also extract in Dwight, 241–243.) The Federalist House in their Answer, expressed their "unqualified approbation of the Governor's course." (Ibid., 82, 83.) The Republican Senate, in their Answer, dissented from the opinions of the Governor, and declared that "the jealousy with which your Excellency regards the authority of the National Administration might suggest an apprehension for the safety of the Union." (Ibid., 86–88.)
* * * As an opinion generally prevailed, that the Governor had no authority to call the militia into actual service, unless one of the exigencies contemplated by the constitution exists,[1] I thought it expedient to call the council together, and, having laid before them your letter, and those I have received from General Dearborn, I requested their advice on the subject of them.
The Council advised "that they were unable from a view of the Constitution of the United States, and the letters aforesaid, to
- ↑ "Congress may provide for calling forth the militia to execute the laws of the Union, suppress insurrection, and repel invasion."
