State Documents on Federal Relations/32n
32. Vermont and the Militia Question.
1813–1814.
In 1813, Governor Martin Chittenden took a similar view of the constitutional relation of the state militia to the general government as that already adopted by the authorities of other New England States. In his speech to the Legislature, October 23, he outlined his position, as is given below. The majority of the Assembly adopted a report indorsing his views by a vote of 96 to 89, but 79 of the minority entered a protest on the Journal. (Assembly Journal, 1813, 137, 198.) By a Proclamation of November 10, the Governor commanded the recall of that portion of the militia which "has been ordered from our frontiers for the defence of a neighboring State, and has been placed under the command and at the disposal of an officer of the United States, out of the jurisdiction or control of the Executive of this State." The refusal of the troops to obey his orders, and the arrest of his representative, was followed by the introduction of a resolution in Congress instructing the prosecution of the Governor for treason. (Annals of Cong., 1813–14, I, 859–861.) A counter resolution was presented in the Legislature of Massachusetts pledging the support of the State to the Governor and people of Vermont in their efforts to maintain their constitutional rights. (Jour. of the House of Rep. of Mass. (MS.), Jan. 14, 1814, No. 34, 173.) This led the Legislature of New Jersey, February 12, 1814, to adopt the following resolution: "Resolved, That the Legislature regards, with contempt and abhorrence, the ravings of an infuriated faction, either as issuing from a legislative body, a maniac governor, or discontented or ambitious demagogues; that the friends of our country and government may rest assured, the people of this State will meet internal insurection with the same promptitude they will the invasion of a cruel, vindictive and savage foe." (Niles' Register, VI, II.) The Legislature of Pennsylvania, March 10, 1814, also adopted a Report and Resolutions condemning the action of the Governor and disapproving the proposed resolutions of Massachusetts as "evidently intended to intimidate" and "accompanied by a threat," and "calculated to add to the calamities of the war—the horrors of a civil war," and finally resolving "that they view with the utmost concern and disapprobation every attempt to screen from just punishment any individual or individuals, however elevated by station, who may violate the Constitution or laws of the United States, or who may directly adhere to or afford aid or comfort to the enemies of our beloved country." (Amer. State Papers, Misc., II, 238, 239.) When the question of the command of the militia was raised in 1814, the Council of Vermont, when consulted by the Governor, unanimously resolved, October 28, 1814, that the "militia are to be commanded by officers appointed by the State, or by the President in person."
References: Text of Governor's Speech, is in Records of the Governor and Council of the State of Vermont, VI, 420; Proclamation of Nov. 10, 1813, Ibid., 492; Reply of the Militia, Ibid., 493, 494; Report and Resolves of the Council, Oct. 28, 1814, Ibid, 80, 85, 89, 92. The above documents are also in Niles, V, 181, 212, 230, 264, 423; VII, Sup. 99–105. See also, Adams, VII, 366, 367; VIII, 222; Hildreth, VI, 452, 453, 468; McMaster, IV, 226, 227.