State Documents on Federal Relations/30
30. Report and Resolutions of Connecticut on the Militia Question.
August 25, 1812.
Upon the receipt of General Dearborn's requisition, Governor Griswold convened the Council, June 29, 1812. This body advised him not to comply with the requisition on grounds similar to those afterwards taken by the authorities of Massachusetts. Upon the renewal of the requisition by the Federal authorities, Governor Griswold, on August 4, reconvened the Council, which body again recommended a non-compliance with the requisition, whereupon the Governor called the General Assembly in extra session on August 25, and in his message reviewed the situation. The General Assembly, on the same day, adopted a Report and Resolutions, extracts from which follow, and also a Declaration containing a justification of their action. In 1814 a similar controversy to that with Massachusetts arose between the State authorities and the Federal administration over the commanding officer of the State militia, when called into the Federal service.
References: Text, Report of Committee, August 25, 1812, on that part of the Governor's Speech which relates to his correspondence with the Secretary of War. (New Haven, 1812, 8o, 14 pages.) Also given in Niles, III, 22–25. Message of Governor Griswold, Special Session, with documents accompanying the same. (New Haven, 1812, 8o, 22 pages); also given in Niles, III, 4, 5. The text of these and earlier messages of the Governor and action of Council are given in Dwight, Hartford Convention, 243–248, 259–267; Proclamation of August 6, 1812, announcing proceedings of Council is in Niles, II, 389. Report of committee of Legislatare on the conflict over the command of the militia, Oct., 1814, Niles, VII, sup., 106, 107. For Correspondence of the Governor and the Federal authorities, see Amer. State Papers, Military Affairs, I, 325, 326, 608, 614–621; Annals, 12 Cong., 2 Sess., Appx., 1304–1310; Report of Com. on Military Affairs, Feb. 28, 1815, State Papers, 13 Cong., 3 sess., 18–22, 55–80. For general references, see ante p. 56.
The committee consider it as of the highest importance, that no ground should be taken, on this subject, but that which is strictly constitutional, and that, being taken, it should be maintained at every hazard. ******* It is very apparent that the claim set up by the administration of the government of the United States, is, that when a war has been declared to exist, between this and any foreign country, the militia of the several states are liable to be demanded, by the administration of the government of the United States, to enter their forts, and there remain, upon the presumption, that the enemy may invade the place or places, which they are ordered to garrison and defend. And that for this purpose, they may be ordered to any part of the United States. ******* If then the militia can be constitutionally required to man the garrison of the United States, they may continue to be so required, as long as the danger continues to exist; and to become, for all the purposes of carrying on the war, within the United States, standing troops of the United States. And a declaration of war made by the administration of the government of the United States, and announced to the governors of the states, will substantially convert the militia of the states into such troops. Before it is agreed that the states have ceded such a power to the United States the question ought to be examined with much attention.
On the fullest deliberation, your committee are not able to discover that the constitution of the United States justifies this claim.
The people of this state were among the first to adopt that constitution. They have been among the most prompt to satisfy all its lawful demands, and to give facility to its fair operations—they have enjoyed the benefits resulting from the union of the states; they have loved, and still love, and cherish that union, and will deeply regret, if any events shall occur to alienate their affection from it. They have a deep interest in its preservation, and are still disposed to yield a willing and prompt obedience to all the legitimate requirements of the constitution of the United States.
But it must not be forgotten, that the state of Connecticut is a free sovereign and indpendent state; that the United States are a confederacy of states; that we are a confederated and not a consolidated republic. The governor of this state is under a high and solemn obligation, "to maintain the lawful rights and privileges thereof, as a sovereign, free and independent state" as he is "to support the constitution of the United States," and the obligation to support the latter, imposes an additional obligation to support the former. The building cannot stand, if the pillars upon which it rests, are impaired or destroyed. The same constitution, which delegates powers to the general government, inhibits the exercise of powers, not delegated, and reserves those powers to the states respectively. The power to use the militia "to execute the laws, suppress insurrection and repel invasions," is granted to the general government. All other power over them is reserved to the states. And to add to their security, on the all important subject of their militia, the power of appointing their officers is expressly reserved. If then the administration of the general government demand the militia, when neither of the exigencies provided for by the constitution have occurred, or to be used for purposes not contemplated by that instrument, it would be not only the heighth of injustice to the militia, to be ordered into the service of the United States, to do such duty, but a violation of the constitution and laws of this state, and of the United States. Once employed in the service of the United States, the militia would become subject to the articles of war, and exposed to be punished with death, if they should leave a service, which by the constitution of their country, they are not bound to perform.
From an attentive consideration of the constitution and laws of the United States, it is evident to the Committee, that the militia of the several states are to be employed by the United States, for the purpose only of performing special services, in cases where no other military force could be conveniently had or properly exercised; and when those services are performed, they are to return to their several homes. The committee cannot believe, that it was ever intended that they should be liable, on demand of the president upon the governor of the state, to be ordered into the service of the United States, to assist in carrying on an offensive war. They can only be so employed, under an act of the legislature of the state, authorizing it. On the expediency of passing such a law, or adopting any measures which the war may render necessary, the committee do not consider it is as within their commission to decide.
If congress, or the president of the United States shall apply to this state, to furnish troops to assist in carrying on the war, the request will doubtless meet with the attention which it will merit.
The committee will only take the liberty to remark, that, should the manner in which the war is waged or prosecuted, induce the enemy to retaliate, by an actual invasion of any portion of our territory, or should we be threatened with invasion or attack from any enemies, the militia will always be prompt and zealous to defend their country.
The government of this state, as it ever has been, so it will continue to be, ready to comply with all constitutional requisitions of the general government. Faithful to itself and posterity, it will be faithful to the United States.