JAMES MONROE.

WASHINGTON, _February 23, 1824_.

_To the Senate and House of Representatives of the United States_:

I herewith transmit to Congress certain documents relating to a claim

of Massachusetts for services rendered by the militia of that State

in the late war, and for which payment was made by the State. From the

particular circumstances attending this claim I have thought it proper

to submit the subject to the consideration of Congress.

In forming a just estimate of this claim it will be necessary to recur

to the cause which prevented its admission, or the admission of any part

thereof, at an earlier day. It will be recollected that when a call was

made on the militia of that State for service in the late war, under

an arrangement which was alike applicable to the militia of all the

States and in conformity with the acts of Congress, the executive of

Massachusetts refused to comply with the call, on the principle that

the power vested in Congress by the Constitution to provide for

calling forth the militia to execute the laws of the Union, suppress

insurrections, and repel invasions was not a complete power for

those purposes, but conditional, and dependent on the consent of the

executives of the several States, and, also, that when called into

service, such consent being given, they could not be commanded by a

regular officer of the United States, or other officer than of the

militia, except by the President in person. That this decision of

the executive of Massachusetts was repugnant to the Constitution of

the United States, and of dangerous tendency, especially when it is

considered that we were then engaged in a war with a powerful nation

for the defense of our common rights, was the decided opinion of this

Government; and when the period at which that decision was formed was

considered, it being as early as the 5th of August, 1812, immediately

after the war was declared, and that it was not relinquished during the

war, it was inferred by the Executive of the United States that the

decision of the executive of that State was alike applicable to all the

services that were rendered by the militia of the State during the war.

In the correspondence with the governor of Massachusetts at that

important epoch, and on that very interesting subject, it was announced

to him by the Secretary of War that if the militia of the State were

called into service by the executive of the State, and not put under the

command of the Major-General of the United States, as the militia of

the other States were, the expense attending their service would be

chargeable to the State, and not to the United States. It was also

stated to him at the same time that any claim which the State might

have for the reimbursement of such expenses could not be allowed by the

Executive of the United States, since it would involve principles on

which that branch of the Government could not decide.

Under these circumstances a decision on the claim of the State of

Massachusetts has hitherto been suspended, and it need not be remarked

that the suspension has proceeded from a conviction that it would be

improper to give any sanction by its admission, or by the admission

of any part thereof, either to the construction of the Constitution

contended for by the then executive of that State or to its conduct

at that period toward the General Government and the Union.

In January, 1823, the Representatives in Congress from Massachusetts and

Maine suggested, by memorial, that the constitutional objection could

not apply to a portion of the claim, and requested that the accounting

officer of the Government might be instructed to audit and admit such

part as might be free from that objection. In all cases where claims

are presented for militia service it is the duty and the practice of

the accounting officer to submit them to the Department for instruction

as to the legality of the claim; that is, whether the service had been

rendered by order of the competent authority, or otherwise, under

circumstances to justify the claim against the United States, admitting

that the evidence in support of it should be satisfactory. To this

request there appeared to be no well-founded objection, under the

reservation as to the constitutional principle, and accordingly an order

was given to the accounting officers of the Treasury to proceed in

auditing the claim with that reservation.

In conformity with this arrangement, the executive of Massachusetts

appointed two citizens of that State commissioners to attend to the

settlement of its claim, and who, in execution of the trust reposed in

them, have presented to the accounting officer of the Treasury that

portion comprehending the services of the fifth division of the militia

of the State, which has been audited and reported for consideration,

subject to the objection above stated. I have examined this report, with

the documents presented by the commissioners, and am of opinion that

the services rendered by that division were spontaneous, patriotic, and

proper, necessary for self-defense, to repel in some instances actual

invasion and in others to meet by adequate preparation invasions that

were menaced. The commissioners of the State having intimated that other

portions of service stood on similar ground, the accounting officer has

been instructed, in auditing the whole, to do it in such manner as to

enable the Department to show distinctly under what circumstances each

portion of service was rendered, whether voluntary, called out by

invasion or the menace of invasion, or by public authority, and in such

case whether the militia rendering such service was placed under the

authority of the United States or retained under that of the State.

It affords me great pleasure to state that the present executive of

Massachusetts has disclaimed the principle which was maintained by the

former executive, and that in this disclaimer both branches of the

legislature have concurred. By this renunciation the State is placed on

the same ground in this respect with the other States, and this very

distressing anomaly in our system is removed. It is well known that the

great body of our fellow-citizens in Massachusetts are as firmly devoted

to our Union and to the free republican principles of our Government as

our fellow-citizens of the other States. Of this important truth their

conduct in every stage of our Revolutionary struggle and in many other

emergencies bears ample testimony; and I add with profound interest and

a thorough conviction that, although the difficulty adverted to in the

late war with their executive excited equal surprise and regret, it

was not believed to extend to them. There never was a moment when the

confidence of the Government in the great body of our fellow-citizens

of that State was impaired, nor is a doubt entertained that they were

at all times willing and ready to support their rights and repel an

invasion by the enemy.

The commissioners of Massachusetts have urged, in compliance with their

instructions, the payment of so much of their claim as applies to the

services rendered by the fifth division, which have been audited, and

I should have no hesitation in admitting it if I did not think, under

all the circumstances of the case, that the claim in all its parts was

cognizable by Congress alone. The period at which the constitutional

difficulty was raised by the executive of the State was in the highest

degree important, as was the tendency of the principle for which it

contended, and which was adhered to during the war. The public mind

throughout the Union was much excited by that occurrence, and great

solicitude was felt as to its consequences. The Executive of the United

States was bound to maintain, and did maintain, a just construction of

the Constitution, in doing which it is gratifying to recollect that the

most friendly feelings were cherished toward their brethren of that

State. The executive of the State was warned, in the correspondence

which then took place, of the light in which its conduct was viewed

and of the effect it would have, so far as related to the right of the

Executive of the United States, on any claim which might afterwards be

presented by the State to compensation for such services. Under these

circumstances the power of the Executive of the United States to settle

any portion of this claim seems to be precluded. It seems proper, also,

that this claim should be decided on full investigation before the

public, that the principle on which it is decided may be thoroughly

understood by our fellow-citizens of every State, which can be done by

Congress alone, who alone, also, possess the power to pass laws which

may be necessary to carry such decision into effect.

In submitting this subject to the calm and enlightened judgment of

Congress, I do it with peculiar satisfaction, from a knowledge that you

are now placed, by the course of events, in a situation which will

enable you to adopt such measures as will not only comport with the

sound principles of our Government, but likewise be conducive to other

the highest interests of our Union. By the renunciation of the principle

maintained by the then executive of Massachusetts, as has been done by

its present executive and both branches of the legislature in the most

formal manner and in accord with the sentiments of the great body of the

people, the Constitution is restored in a very important feature (that

connected with the public defense) and in the most important branch

(that of the militia) to its native strength. It is very gratifying to

know that this renunciation has been produced by the regular, orderly,

and pacific operation of our republican system, whereby those who

were in the right at the moment of difficulty and who sustained the

Government with great firmness have daily gained strength until this

result was accomplished. The points on which you will have to decide

are, What is fairly due for the services which were actually rendered?

By what means shall we contribute most to cement the Union and give the

greatest support to our most excellent Constitution? In seeking each

object separately we are led to the same result. All that can be claimed

by our fellow-citizens of Massachusetts is that the constitutional

objection be waived, and that they be placed on the same footing with

their brethren in the other States; that regarding the services rendered

by the militia of other States, for which compensation has been made,

giving to the rule the most liberal construction, like compensation be

made for similar services rendered by the militia of that State.

I have been led to conclude on great consideration that the principles

of justice as well as a due regard for the great interests of our Union

require that this claim in the extent proposed should be acceded to.

Essential service was rendered in the late war by the militia of

Massachusetts, and with the most patriotic motives. It seems just,

therefore, that they should be compensated for such services in like

manner with the militia of the other States. The constitutional

difficulty did not originate with them, and has now been removed. It

comports with our system to look to the service rendered and to the

intention with which it was rendered, and to award the compensation

accordingly, especially as it may now be done without the sacrifice of

principle. The motive in this instance is the stronger because well

satisfied I am that by so doing we shall give the most effectual support

to our republican institutions. No latent cause of discontent will be

left behind. The great body of the people will be gratified, and even

those who now survive who were then in error can not fail to see with

interest and satisfaction this distressing occurrence thus happily

terminated. I therefore consider it my duty to recommend it to Congress

to make provision for the settlement of the claim of Massachusetts

for services rendered in the late war by the militia of the State,

in conformity with the rules which have governed in the settlement of

the claims for services rendered by the militia of the other States.

A Compilation of the Messages and Papers of the Presidents. Volume 2, part 1: James Monroe · 第 333 / 442 题