WASHINGTON, _June 25, 1842_.
Governor KING.
SIR: Your letter of the 23d instant was this day received by the hands
of Governor Sprague, together with the documents accompanying the same.
Your excellency has unintentionally overlooked the fact that the
legislature of Rhode Island is now in session. The act of Congress gives
to the Executive of the United States no power to summon to the aid of
the State the military force of the United States unless an application
shall be made by the legislature if in session; and that the State
executive can not make such application except when the legislature can
not be convened. (See act of Congress, February 28, 1795.)
I presume that your excellency has been led into the error of making
this application (the legislature of the State being in session at the
date of your dispatch) from a misapprehension of the true import of my
letter of 7th May last. I lose no time in correcting such
misapprehension if it exist.
Should the legislature of Rhode Island deem it proper to make a
similar application to that addressed to me by your excellency, their
communication shall receive all the attention which will be justly due
to the high source from which such application shall emanate.