WASHINGTON, _February 21, 1825_.
_To the Senate and House of Representatives of the United States_:
I transmit herewith a report from the Secretary of War, with a report
to him from the Third Auditor, of the settlement in the amount stated
of the claims of the State of Massachusetts for services rendered by
the militia of that State in the late war, the payment of which has
hitherto been prevented by causes which are well known to Congress.
Having communicated my sentiments on this subject fully in a message
bearing date on the 23d of February, 1824, it is unnecessary to repeat
in detail here what I there advanced. By recurring to that message and
to the documents referred to in it it will be seen that the conduct of
the executive of that State in refusing to place the militia thereof at
that difficult conjuncture under the direction of the Executive of the
United States, as it was bound to do by a fair construction of the
Constitution, and as the other States did, is the great cause to which
the difficulty adverted to is to be ascribed. It will also be seen on a
view of those documents that the executive of the State was warned at
the time if it persevered in the refusal that the consequences which
have followed would be inevitable; that the attitude assumed by the
State formed a case which was not contemplated by the existing laws
of the United States relating to militia services; that the payment
of the claims of the State for such services could be provided for by
Congress only and by a special law for the purpose. Having made this
communication while acting in the Department of War to the governor
of Massachusetts, with the sanction and under the direction of my
enlightened and virtuous predecessor, it would be improper in any view
which may be taken of the subject for me to change the ground then
assumed, to withdraw this great question from the consideration of
Congress, and to act on it myself. Had the Executive been in error,
it is entitled to censure, making a just allowance for the motive which
guided it. If its conduct was correct, the ground then assumed ought
to be maintained by it. It belongs to Congress alone to terminate this
distressing incident on just principles, with a view to the highest
interests of our Union.
From the view which I have taken of the subject I am confirmed in the
opinion that Congress should now decide on the claim and allow to the
State such portions thereof as are founded on the principles laid down
in the former message. If those principles are correct, as on great
consideration I am satisfied they are, it appears to me to be just
in itself and of high importance that the sums which may be due in
conformity therewith should no longer be withheld from the State.