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THE 
 
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 SPEECH 
 
 OF 
 
 HIS EXCELLENCY GOVERNOR STRONG 
 
 DELIVERED BEFORE THX 
 
 LEGISLATVBE OF MASSACHUSETTS; 
 
 OCTOBER 16, 1812. 
 
 WITH 
 
 THE DOCUMENTS, 
 
 WHICH ACCOMPANIED THE SAilE. 
 
 PRINTEt) BY OTJDER OF THE HOUSE OF REPRESENTATIVES. 
 
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SPEECH. 
 
 Gentlemen of the Senate — and 
 
 Gentlemen of the House of Rej)resentatwes, 
 
 THE period aj^aiii approaches when Elec- 
 tors of a President and Vice-President of the United 
 States are to be appointed, and you have now as- 
 sembled that you may execute the important trust, 
 of directing the manner of tlieir appointment on the 
 part of tliis State. I hope that nothing will interfere 
 to prevent an impartial discharge of this publick duty. 
 The language of the Constitution on this subject is im- 
 perative. ^' Each State sIimII appoint, in such manner 
 as the Legislature thereof may direct, a number of E- 
 lectors." This form of expression was necessary ; for 
 it is obvious, that if the States should neglect to ap- 
 point Electors, the National Government would be at 
 an end. In addition to this, the Constitution lias re- 
 quired, that the members of the State Legislatures, and 
 all executive officers shall be bound by oath or affirm- 
 ation to support the Constitution. A¥e have taken this 
 oath ; and have also sworn impartially to. perform all 
 the duties incumbent on us as members of the State 
 Government. Should this duty be neglected, the peo- 
 ple of this state would, on this important occasion, lose 
 their political consequence, and be deprived of the 
 rights of citizens. 
 
 By a letter of the 12ih of last June, the Secretary of 
 War requested me, by direction of the President, to 
 order into the service of the United States, on the re- 
 quisition of Major- General Dearborn, such part of 
 the quota of militia from this State, detached conform- 
 
4 
 
 ably to the act of the 10th of April last, as he might 
 deem necessary for the defence of the sea-coast. On 
 the S2d of Jnne I received a letter from Gen. Dear- 
 born, informing me that war was declared against G. 
 Britain, and requesting me to order forty-one compa- 
 nies of the detached militia into the service of the U. 
 States for the defence of the ports and harbours in this 
 State, and the harbour of Newport in the State of R. 
 Island ; and stating that the companies were intended 
 for the following ports and harbours, in the following 
 proportions : — For Passamaquoddy five companies^ 
 for Maciiias one company, for Castine three compa- 
 nies, for Damariscotta and Wiscasset two companies, 
 ^for Kennebunk one company, for Portland five compa- 
 nies, for Marblehead, Salem, Cape- Ann and Newbu- 
 ryport, four companies, for Boston twelve companies, 
 and for Rhode-Island eiglit companies. I also receiv- 
 ed from Gen. Dearborn two other letters of June 26 
 and June 2d, on the same subject. 
 
 The Constitution of the U. S. declares that, ^^ Con- 
 gress may provide for calling forth the militia to exe- 
 cute the laws of the Union, suppress insurrections and 
 repel invasions," and the act of Congress of April 10th 
 authorizing a detachment of 100,000 of tlie militia, 
 empowers the President to " call into actual service 
 any part, or the whole of said detachment in all the 
 exigencies provided by the Constitution.'' From these 
 clauses in tiie Constitution and law of April lOtJi, the 
 President derives his autliority to call the militia of 
 the States into actual service ; and except in the exi- 
 gencies above mentioned he can have no authority by 
 the Constitution to do it. But there was no sugges- 
 tion, either in the letter from tlie War Department,, 
 above referred to, or in those from Gen. Dearborn, 
 lliat this State or Rhode-Island was invaded, or in im- 
 minent danger of invasion ; or that either of the exi- 
 gencies recognized by the Constitution and law of the 
 United States existed. If such declaration could have 
 been made with truth, it would undoubtedly have 
 been made. 
 
Gen. Dearbokn plainly suppo^tl, that in consequence 
 of the act declaring war, he was authorized by virtue 
 of the power given him hy the President, to require any 
 part or the whole of our detached militia to ])e called 
 out and marched to such places in this and the other 
 States as he might think proper. If this construction 
 of the Constitution is correct, the President and Con- 
 gress will be able at any time, by declaring war, to call 
 the whole militia of the U. S. into actual service, and 
 march them to such places as they may think fit, and re- 
 tain them in service as long as the w ar shall continue. 
 It is declared indeed by the aforesaid act of April 10th, 
 that the said detachment shall not be compelled to serve 
 a "longer time than six months after they arrive at the 
 place of rendezvous.'^ But if the mere act of declaring 
 war gives a right to the National Government to call the? 
 militia into service and detain them six months, it must 
 give a right to detain them six years, if the war contin- 
 ues so long ; and the National Government has the same 
 authority to call out the whole, as a part of the militia. 
 
 Heretofore it has been understood, that the power of 
 the President and Congress to call the militia into ser- 
 vice, was to be exercised only in cases of sudden emer- 
 gency, and not for the purpose of forming them into a 
 standing army or of carrying on offensive war. But 
 according to the above construction, the right to employ 
 the militia is made to depend, not upon contingencies 
 which the National Government might be unable to 
 foresee or provide against, but upon its own act — upon 
 the existence of a state of war, which the Government 
 has a right to declare as often, and continue so long, 
 as it may think proper. 
 
 Although many of the most important attributes of 
 sovereignty are given by the Constitution to the Gov- 
 ernment of the U. vS. yet there are some which still be- 
 long to the State Governments ; of these, one of the 
 most essential is tlie entire control of the militia, except 
 in the exigencies a])ove mentioned ; this has not been 
 delegated to the United States — it is therefore reserved 
 to tlie States respectively ; and whenever it shall be 
 
taken from tlieni;, and a consolidation of the military 
 force of the States shall be eifected, the security of the 
 State Governments will be lost, and they will wholly 
 depend for their existence upon the moderation and for- 
 bearance of the National Government. 
 
 I have been iiilly disposed to comply with the require- 
 ments of the Constitution of the United StPctes and the 
 laws made in pursuance of it, and sincerely regretted 
 that any request should be made by an Officer of the 
 National Government to which I could not constitution- 
 ally conform. But it appeared to me that the requisi- 
 tion aforesaid was of that character ; and I was under 
 the same obligation to maintain the rights of the State, 
 as to support the Constitution of the U. S. If the de- 
 mand was not warranted by the Constitution, I should 
 liave violated my duty in a most important point, if I 
 liad attemped to enforce it, and had thereby assisted in 
 withdrawing the militia from the rightful authority of 
 the State. Besides, if the measure was not required 
 by the Constitution, it would have been oppressive, as 
 the militia must have been called from their occupations 
 to places remote from their homes, and detained in the 
 service during the busy season of the year. I, therefore, 
 on the third day of July, issued a general order ; and 
 on the same day wrote to Gen. Dearbokx, that I had 
 directed the Adjutant- General to furnish him with a 
 copy of it ; and that after mature reflection I had en- 
 deavoured, in that order, to pursue the course which my 
 duty, in relation to the request contained in his letter 
 of June 2Sd, required of me. 
 
 Afterwards, by a letter of July lath, Gen. Bear- 
 BOiiN informed me, that having received orders to leave 
 the sea coast, where he was ordered for the purpose of 
 taking the necessary measures for placing the towns 
 and garrisons in a state of defence against the invasion 
 or attack of tlie enemy, and to repair to Albany, it be- 
 came his duty to request me .to order out such part of 
 the detached militia as the 'present state of ivar re- 
 quired , the number being stated in his letter of the 22d 
 June ; and that as other objects would require the ser- 
 
vice of a great part of tlie regular (roops. it Avould be- 
 come his duty to order them from the seaboard. This 
 letter I had no opportunity of answcrins; before Cxen. 
 Dearborn left the State. But I presumed if this State 
 was in danger of invasion, that tlic regular troops 
 would not be ordered to Albany, and if tliey were so 
 ordered, that the militia were not liable to be called in- 
 to service and stationed in tlie forts of the U. States to 
 do garrison duty, when no danger of invasion appear- 
 ed. 
 
 On the S7th of July, I received a letter from the. 
 Secretary of War, of the 21st of that month, stating 
 that orders had been given to Gen. Dearborn to move 
 the regular troops to the nortliern frontier, leaving a 
 sufficient number to man the guns in the garrisons on 
 the seaboard, and renewing the requisition ^.foresaid. 
 In Ihi^ letter he says, " The danger of invasion which 
 existed at the time of issuing the order of the Presi- 
 dent, increases.'' This expression was peculiarly 
 guarded, as the order of the President was issued be- 
 fore war was declared. However, as this and the last 
 letter of Gen. Dearborn, seemed to imply that there 
 Avas some danger of invasion, and as the measures to 
 be taken on my part were of importance, I thought it 
 expedient to convene the Council, and request their 
 advice on tlie subject of the foregoing letters. The 
 Council advised, that they were unable from a view of 
 the Constitution of the tlnited States, and the docu- 
 ments aforesaid, to perceive that any exigency existed 
 which could render it adviseable to comply with the 
 said requisition. But as upon important questions of 
 law, and upon solemn occasions, tlie Governor and 
 Council liave autliority to require the o])inion of the 
 Justices of the Supreme Judicial Ccurt, that it was ad- 
 viseable to request fhe opinicui of tlie Supreme Court 
 upon tlie following questions, viz. 
 
 1st. Whether the Commanders in Ciiief of the militia 
 of the several States, jiave a rigbt to determine w lieth- 
 er any of the exigencies contemplated by the Constitu- 
 iicn of the United States exist, so as to reqiiire them 
 
8 
 
 10 place the militia, or any part of it, in the service of 
 the United States, at the request of the President, to 
 be commanded by him pursuant to acts of Congress ? 
 
 Sd. Whether, when either of the exigencies exist, 
 authorizing the employing the militia in the service of 
 the United States, the militia thus employed, can be 
 lawfully commanded by any officer but of the militia, 
 except by the President of the United States ? 
 
 After the above request was made to the Supreme 
 Court, a person deputed by the inhabitants of Eastport 
 and Robinstown, on our eastern boundary, applied to 
 me, representing that there were many lawless people 
 on the borders, from ^vhom they had serious ap- 
 prehensions of an attack, and requesting that a number 
 of the militia miglit be stationed in those towns. The 
 Council ad\ased that three companies of the detached 
 militia should be called into the service of thelUnited 
 States for their protection. On the 6th August I issu- 
 ed an order for that purpose, and directed that two of 
 the companies should be stationed at Eastport, and one 
 company at Robin stov/n, until the President should 
 otherwise direct : and the same day, by a letter to the 
 Secretary of War, informed liira of the transactions a- 
 foresaid — and having received the opinion of the Judg- 
 es on the above questions, inclosed to him their answer. 
 A copy of that {)])inion and the letters and papers above 
 referred to, will be laid liefore you by the Secretary. 
 
 Soon after the declaration of war, several towns on 
 the sea coast applied to the Governor and Council for 
 arms and ammunition, as many persons who were ex- 
 empt from military duty, were destitute of the necessa- 
 ry means of defence. Agreeably to the advice of the 
 Council, they were, in some instances, furnished with 
 those articles. By inspecting the returns of the Quar- 
 ter-Master-General, you AA ill )je convinced of the ne- 
 cessity of obtaining a further supply of small arms and 
 military stores, and the more so, as our defence on the 
 seaboard seems almost wholly to be confided to the mi. 
 litia. We have in this state several hundred miles of 
 ,sca coast, a numljcr of islands near the coast are iuhab. 
 
9 
 
 Ued by oiu- citizens, and more than one Imndred of oitr 
 towns may be approached by tiie enemy's sliips. It is 
 oi)vions therefore that only a maritime defence can af- 
 ford them full security. Still, however, We sliould era- 
 ploy such means as we possess for their protection, and 
 lo this end, it will be necessary that the whole militia 
 «^hould be armed and equipped in the best possible 
 manner, and ready to march at tiic sliortest notice, and 
 in case of invasion that arms should be in readiness for 
 every man who is able to bear them. In tliis w ay it is 
 probable tliat our defensive force, and the general se- 
 »*urity of the seaboard will be as great, as if portions of 
 the militia were drawn from every part of the State, 
 and stationed in a few of the large towns on the coast. 
 
 While the A¥ar, in which we are unliappily involv- 
 ed, continues, it is to be carried on only in the name 
 and by direction of the public. The people cannot act 
 of themselves except for the defence of their posses- 
 sions and territories. Without the commission or par- 
 ticular onler of the Government, they have no right to 
 commit hostilities or undertake any oifensive expedi- 
 tion. In modern warfare the troops alone carry on 
 the war, Avhile the rest of the people peaceably fol- 
 low their callings ; and if they refrain from hostilities, 
 iiave generally but little to fear from th.e enemy's arms. 
 
 For many years, and until within a late period, the 
 nations of Europe have made war Avith moderation 
 and generosity, and in a manner which proved they 
 liad not forgotten, that their enemies were men, and 
 inight afterwards become friends. Indeed war is so 
 dreadful in its effects, and so destructive to human 
 happiness, that the law of nature allows of it only in the 
 utmost extremity ; and requires, that when it is resort- 
 ed to, the persons engaged in it shall endeavor to mi- 
 tigate its horrors as far as their safety will permit, by 
 the exercise of justice and humanity. These princi- 
 ples of the law of nature are confirmed by tiie precepts 
 of the Christian religion. 
 
 Whatever sentiments may prevail amons; the people 
 of this State concerning the justice or expediency of the 
 
i6 
 
 present War, I hope and trust that they will perforih 
 the duties enjoined on them hy our Constitutions and 
 Laws, and that tliey will do nothing to obstruct the 
 (Grovernment in the constitutional measures they may 
 think proper to adopt. If those measures are thought 
 to be unjustifiable or particularly injurious to this part 
 of the Union, let us cherish a confidence in the wis- 
 dom and the justice of the otlier States, and wait with 
 patience for the remedy provided by the Constitution. 
 In the mean time, let us regard with abhorrence those 
 violent personal outrages, which are fatal to the peace 
 and disgraceful to the character of any people ; let us 
 be watchful and determined to prevent tumults and 
 disorders of every kind, by which our internal tranquil- 
 lity would be endangered, and be as willing to in- 
 dulge in others the right of expressing their opin- 
 ions of publick measures, as we are to exercise that 
 right ourselves. 
 
 I shall readily co-operate with you. Gentlemen, in 
 any measures that may be thought conducive to the 
 defence and tranquillity of the State, and the preserva- 
 tion and security of the Union ; and may the God of 
 our Fathers protect us in tliis calamitous period, and 
 guide us in the Avay of duty and asfety. 
 
 CALEB STRONG, 
 
 October i% 1813. 
 
DOCUMENTS. 
 
 WAR DEPARTMENT,; 
 
 June 12, 1812. 
 
 Sir, 
 
 I am directed by the President to request 
 Yoiu* Excellency to order into the service of the Uni= 
 ted States, on the requisition of Major Greneral Dear- 
 born, such part of the quota of militia from the state 
 of Massachusetts, detached conformably to the act of 
 April 10, 1812, as he may deem necessary for the 
 defence of the sea coast. 
 
 With great respect, 
 
 I have the honour to be 
 Your Excellency's 
 Obedient servant, 
 
 W, EUSTIS. 
 His Excellency the Governor of the 7 
 State of Massachusetts. ^ 
 
 HEAD QUARTERS BOSTON 
 
 June 22, 1812. 
 To His Excellency Caleb Strong. 
 Sir, 
 
 I have received instructions from the Pres- 
 ident of the United States, to call on vour Excellen- 
 cy for such part of the quota of the militia of Massa- 
 chusetts, which was detached conformably to the act 
 of Congress of April 10, 1812, as I may deem neces- 
 sary for the defence of the lea-coast ; and I now have 
 the honour of requesting your Excellency to order 
 
IS 
 
 fourteen companies of Artillery, and twenty -<eveu 
 companies of Infantry into tlie service of the Unite tl 
 States, for the defence of the posts and harbours in 
 this State, and the liarbour of Newport in the State 
 of Rhode-Island. Tlie companies are intended for 
 .the following posts and harbours in the following pro- 
 portions. For Passamaquoddy one company of Ar- 
 tillery and four companies of Infantry, to be com- 
 manded by a Major. For Machias one company of 
 Artillery. For Castine one company of Artillery and 
 two companies of Infantry, to be commanded by a 
 Major. For Daraariscotta and Wiscasset two com- 
 panies of Artillery. For Kennebunk one company 
 of Artillery. For Portland two companies of Artille- 
 ry and three companies of Infantry, to be command- 
 ed by a M ajoro For Marblehead, Salem, Gape- Ann 
 and Newburyport, two companies of Artillery and 
 two companies of Infantry. For Boston fqur compa- 
 nies of Artillery and eight companies of Infantry, 
 with a Lient. Col. and one Major. For the defence 
 of Rhode-Island eight companies ol Infantry, with a 
 Lient. Col. and one Major. 
 
 Having received official information that War has 
 been declared by Congress against Great Britain, 
 your Excellency will perceive the expediency of giv- 
 ing facility to such measures of defence as the crisis 
 demands, and as the defence of the sea-coast of New 
 England is by the General Government confided to 
 my direction, I shall with confidence rely on all the 
 aid and support that the respective Governors of the 
 New England States can afford ; and in a special 
 manner on that of the Commander in Chief of the im- 
 portant State of Massachusetts, And I shall at all 
 times receive vv^ith the greatest pleasure and readiness 
 any advice or information that your Excellency may 
 be pleased to communicatee 
 
 "VV^ith respectful consideration, 
 
 I am, Sir, your obedient servant, 
 
 H. DEARBORN 
 
13 
 
 HP^AD QUARTERS BOSTON, 
 
 June 26, 1812. 
 
 To His Excellency Caleb Strong. 
 
 Not liaviiig received any notice from your 
 Excellency, or from the Adjutant Greneral, of the 
 measures M'hich have been taken, for calling into th* 
 service of the United States, for the defence of th* 
 sea coast, the companies of militia proposed in th* 
 note I had the honour of addressing to your Excel- 
 lency on the 2Sd instant, a sense of duty compels 
 me to solicit such information on the subject, as the 
 urgency of the crisis demands ; and I am pursuaded, 
 that no unnecessary delay will disappoint any anxious 
 desire for as early an answer as circumstances will 
 admit of„ 
 
 "With great respect, 
 
 I have the honour to be your 
 
 Excellency's most obedient servant, 
 H. DEARBORN, Maj. Geiu 
 
 Boston. June 26, 1812. 
 Major General Dearbokn. 
 Sir, 
 
 I have received your letter of this day, ift 
 ^^ hicli you request information of the measures which 
 have been taken for calling the militia into the service 
 of the United States. I find that Governor Gerry on 
 the 25i\i of April last, ordered that ten thousand men 
 should l)e detached from the militia of this state. But 
 1 am informed by the Adjutant General, that the re- 
 turns of those detachments have not come to hand, 
 except in a very few instances. 
 
 I am, Sir, with great respect. 
 
 Your most obedient servant, 
 
 C. STRONG. 
 
14 
 
 HEAD QUARTERS BOSTON, 
 
 June 29, 1812. 
 
 His Excellency Governor Strong. 
 
 Sir, 
 
 I have been honoured with your Excellen- 
 cy's note of the S6th histant. Returns having been 
 made of the detachments of militia from ten brigades 
 and principclly from those on the sea board, I take 
 the libeny of sue:gesting the expediency of ordering 
 out the full proportion of companies from those brig- 
 ades, and of giving the necessary orders to others 
 whose returns have not yet been received. May it 
 not be presumed that although the returns have not 
 all been lorwarded, the general officers would, on re- 
 ceiving your Excellency's orders, turn out their re- 
 spective quotas. 
 
 I am, Sir, your humble servant, 
 
 H. DEARBORN, Maj. Gen. 
 
 Boston, July 3, 1812, 
 Major General Dearborn. 
 
 Sir, 
 • I have issued a General Order of this date, 
 
 with a copy of which I have directed the Adjutant 
 General to furnish you ; in which, after mature re- 
 flection, I have endeavoured to pursue the course that 
 my duty, in relation to the request contained in your 
 letter of June 2^d, requires of me. 
 
 I am. Sir, with great respect, 
 
 your most obedient and humble servant, 
 
 C. STRONG. 
 
15 
 
 Commonwealth of Massachusetts. 
 
 GENERAL ORDERS. 
 
 HEAD QUARTERS BOSTON,? 
 
 July 3, 1812. 3 
 
 War having been declared by the government of the 
 tJnited States against Great Britain and Ireland, and 
 the dependencies thereof, the Commander in Chief 
 calls upon the militia of Massachusetts duly to notice 
 the solemn and interesting crisis, and exhorts them to 
 meet the occasion with constancy and firmness. 
 
 When war is commenced, no human foresight can 
 discern the time of its termination, or the course of 
 events that must follow in its train ; — but the path of 
 duty is the path of safety, providence seldom abandons 
 to ruin those, who, to a just reliance on the superinten- 
 ding influence of Heaven, add their own vigilant and 
 strenuous exertions to preserve themselves. — At the 
 present moment, therefore, the Commander in Chief 
 earnestly recommends to the officers of every grade^ 
 a close and persevering attention to the deities result- 
 ing from their several stations — particularly that they 
 acquire and maintain a perfect knowledge of the condi- 
 tion of their respective commands, and see, as far as is 
 in their power, that their men are duly armed and 
 equipped, that tlie time allotted to trainings be devoted 
 to the instruction of non-commissioned officers and sol- 
 diers in the exercise of arms, and in the practice of 
 evolution as prescribed in the established regulations ; 
 and that the provisions and intentions of the laws, be- 
 ing in every respect fulfilled, they may be ready with 
 alacrity and effect to defend their country, their con- 
 stitutional rights, and those liberties wliich are not on- 
 ly our birthriglits, but which, at tlie expense of so 
 much blood and treasure, were purchased in the late 
 revolution. 
 
 From the docility, from the good sense and ptiiriof- 
 i'^m of the non-commissioned officers and soldiers, the 
 
i6 
 
 Commander in Chief is led to expect a patient submis- 
 sion to the instructions of their officers, prompt obedi- 
 cnce to orders, and the practice of all those military 
 and masculine virtues which adorn the soldier and 
 exalt the man. 
 
 To all the Militia, both officers and soldiers, the 
 Commander in Chief would superadd an earnest ex- 
 hortation, as they are citizens as well as soldiers, to 
 cultivate a spirit of candour, of friendship, and mutual 
 forbearance, and an ardent love of country, that shall 
 elevate them above all sinister views, and eventually 
 secure to them and their children, the blessings of 
 peace, of liberty, and good government. 
 
 The Commander in Chief requires, that particular 
 attention be paid to the town magazines — ^that they 
 are fully provided with the ammunition, military stores 
 and utensils which the law directs ; and the Brigade 
 Quarter Masters are required to perform their duty 
 with promptitude and exactness. 
 
 In such divisions as have not completed the detach- 
 ment of ten thousand men called for by the General 
 Orders of l!ie 25th day of April last, the Major Gen- 
 erals or commanding officers of those divisions are 
 enjoined to attend to that service without delay, and 
 to make and complete the detachments from their re- 
 spective corps, of their several quotas of the said ten 
 thousand men, and to makfe return of the same as 
 speedily as may be to the Adjutant General — the said 
 Generals and other officers Avill take care that the Mi- 
 litia so detached, are duly provided witli the efficient 
 arms and accoutrements necessary for actual service. 
 The Militia detached by the Orders above alluded 
 to, after they are formed conformably to said Orders, 
 will hold themselves in readiness to march on the 
 shortest notice, pursuant to the orders to be given by 
 the Commander in Chief, unless in case of actual in- 
 vasion, or imminent danger thereof, in which case, 
 witliout waiting for such orders, they will march, 
 M ithout delay, to the defence of any part or parts of 
 
17 
 
 this Common weal til thai, shall be so invaded, or in 
 imminent danger of invasion — and when in tlie actnal 
 service of the United States will be under the com- 
 mand of the President, agreeably to the coustitutiou 
 of the United States. 
 
 And whereas the quota of ten thousand Militia, re- 
 quired as aforesaid, being to be raised from the sev- 
 eral divisions and corps throughout the Common- 
 wealth, cannot be assembled in time to repel a sud- 
 den invasion ; and to embody them previously, and 
 keep them in constant service, would be extremely 
 burdensome, and even if assembled would not be ad- 
 equate to the defence of the numerous points on a 
 coast of several hundred miles in extent ; the Com- 
 mander in Chief further orders and directs, that tlitj 
 Generals and other officers of the whole j\iilitia of the 
 Commonwealth, bearing in mind the possibility of a 
 sudden invasion, hold themselves, and the corps of 
 Militia under their respective comm^inds, in constant 
 readiness to assemble and march to the defence of any 
 part or parts of the Commonwealth, pursuant to the 
 orders to be given by him ; but without waiting for 
 such orders, in case of actual invasion, or such immi- 
 nent danger thereof as will not admit of delay. 
 
 By the General Orders above menlioned of the 25th 
 of April last, three Major Generals and six Brigadier 
 Generals m ere assigned to command in that detach- 
 iwent, without Jieing regularly detailed from tiie Hot- 
 ter. The Commander in Chief there tore ord.rs, that 
 the followinir General Officers, beina; detai-el from 
 tlie lloster as the law directs, be appniuted to 
 command in the s.iid detaciiment, in lieu of (he 
 General Officers named in the General Orders afore- 
 said, viz. 
 
 IVi'stern Division. 
 Major General EBEXEZER MATTOOX, 
 Brigadier General CALEB BUIIBANK, 
 
 Brigadier General ISAAC MALTSY. 
 
 3 i 
 
18 
 
 Eastern Dwision. 
 Major General HENRY SEW ALL, 
 Bri-adier General JOHN BLAKE, 
 Brigadifir General DAVID PAYSON. 
 
 Southern Division. 
 
 Major General JOSEPH B. VARNUM, 
 
 Brigadier General EBENEZER LOTHROP, 
 
 Biigadier General WILLLIM HILDRETH. 
 
 My order of the Commander in Chief. 
 
 WILLIAM DONNISON, 
 
 Adjutant General, 
 
 HEAD QUARTERS BOSTON, 
 
 July 13, 1812. 
 
 His Excellency Caleb Strong. 
 Sir, 
 
 Having received Orders to leave tlie sea- 
 coast, where I was ordered for tlie purpose of taking 
 tlie necessary measures for placing the towns and 
 garrisons in a state of defence against the invasion or 
 attack of the enemy, and to repair to Albany ; it be- 
 comes my duty again to request your Excellency to 
 order out such pfrt of this State's quota of the detach- 
 ed militia as the present state of war requires. The 
 nimibers I had the honour to state to your Excellency 
 in my letter of the :2^d ult. As the otlier objects will 
 require the service of a great part of the regular 
 troops, it will become my duty to order them from 
 the fcca-board, and of course I must leave some part 
 of the coast witli less protection against those depre- 
 dating parties of the enemy, that may attempt iiiva- 
 j^ion lor the mere purpose of plunder, than prudence 
 would liave justified, if a suitable number of the mili- 
 tia should not be ordered out in conformity with the 
 views and intentions of tlie President of the L^nited 
 States as heretofore expressed. If your Excellency 
 shall consider it expedient to have the militia turned 
 
49 
 
 out for the proposed purposes, I will with pleasure 
 afford all tlie aid in my power lor eilecling the intend- 
 ed objects, consistently with the orders 1 iiave receiv- 
 ed. As early an answer as your Excellency can 
 make convenient, will be very desirable. 
 I have the honour to be,^ very respectfully. 
 
 Your Excellency''s most obedient servant, 
 
 H. DEARBOllN, Alcrj. Gen, 
 
 AVAR DEPARTMENT, 
 
 July 21, 1812. 
 
 Sir, 
 
 ,. By information received from Major Gener- 
 al Dearborn, it appears that the detachments from the 
 militia of Massachusetts for the defence of the mari- 
 time frontiei-, required by him under the authority of 
 the Pro-ident, by virtue of the act of the 10th of 
 April, 1815, have not been marched to the several 
 stations assigned them. 
 
 Inasmuch as longer delay may be followed with 
 distress to a certain portion of our fellow citizens, and 
 with injurious consequences to our country, I am com- 
 manded by the President to inform your Excellency 
 that this arrangement of the militia was preparatory 
 to the march of the regular troops to tlie northern 
 frontier. The exigencies of the service have requir- 
 ed, and orders have accordingly been given to Major 
 General Dearborn, to move the regular troops to that 
 frontier, leaving a sufficient luimber to man the guna 
 in the garrisons on the sea-board. The execution of 
 this order, increases, as your Excellency cannot fail 
 to observe the necessity of hastening the detached 
 militia to theii* several posts as assigned by General 
 Dearborn ; in which case they will of course be con- 
 sidered in the actual service and pay of the United 
 States. 
 
 The danger of invasion which existed at the time 
 of issuing the order of the President, increases : and 
 
so 
 
 I am specially directed by the President to urge this 
 consideration to your Excellency, as requiring the 
 necessary order to be given for the immediate march 
 of the several detachments specified by General Eear- 
 }M)m, to their respective posts. 
 
 I have tlie honour to l)e, very respectfully, 
 Sir, your Excellency's obedient servant, 
 
 WILLIAM EUSTIS. 
 Mis Excellency Caleb Strong, 7 
 Governor of Massachusetts. \ 
 
 Boston, August 1, 1812. 
 
 The Honourable the Justices of the Siqireme Juii- 
 cial Court of the Commonwealth of Massachusetts. 
 
 Gentlemen, 
 
 Having laid before the Council of this State a let- 
 ter from the Secretary of War of the 12th of June 
 last, and letters dated June 22, and July 15, 1812, 
 which I received from Maj. Gen. Dearborn, and al- 
 so a letter which I have received from the Secretai-y 
 of War of July 21, 1812, requesting their advice 
 what measures ought to be adopted in consequence 
 of the requisition expressed in tbe said letters. 
 
 The Council thereupon advised that, as upon im- 
 portant questions of law and upon solemn occasions, 
 the Governor and Council have authority by the con- 
 stitution to require the opinions of the Justices of the 
 Supreme Judicial Courts ; it is advisable to request 
 the opinion of the Justices of the Supreme Judicial 
 Court on the following questions, to wit : — 
 
 1. Whether the Commanders in Chief of the Mi- 
 litia of the several States have a right to determine 
 whether any of the exigencies contemplated by the 
 constitution of the United States exist, so as to require 
 them to place the Militia, or any part of it, in the 
 service of the United States, at the request of the 
 President, to be commanded by him pursuant to 
 acts of Congress. 
 
V 
 
 «1 
 
 S. Wlietliev, when either of the exigencies exist au- 
 thorizing the employing of tlie Militia in the service 
 of the United 8tates, the Militia thus empU)ye(l can 
 be hiwfuUy commanded by any officers bnt of the 
 Militia, except by the President of the United States. 
 In conformity with the foregoing advice of the 
 Conncil, 1 request you, Gentleman, to state to me 
 jT3ur opinions on the questions above mentioned, [h 
 soon as conveniently may be. The Secretary wi>j? 
 deliver you herewith the letters above mentioned. 
 1 am, Gentlemen, with great respect, 
 
 Your most obedient servant. 
 
 CAUEB STRONG 
 
 To liis E.vcellency the Governor and the Honoura- 
 ble Council of the Commonwealth of Massachu- 
 setts. 
 
 The undersigned. Justices of the Supreme Judi- 
 cial Court, have considered the several questions 
 proposed by your Excellency and Honours for their 
 opinion. 
 
 By the constitution of this State, the authority of 
 commanding the Militia of the Comnionweakh is 
 vested exclusively in the Governor, who has all the 
 powers incident to the office of Commander in Chief, 
 and is to exercise them personally or by subordinate 
 officers under his command, agreeably to the rules 
 and regulations of the constitution and the laws of the 
 land. 
 
 While the Governor of the Commonwealth remain- 
 ed in the exercise of these powers, the federal con- 
 stitution was ratified, by which was vested in tlie 
 Congress a power to provide for the calling forth llie 
 Militia, to execute the laws of the Union, suppress 
 insurrections and repel invasions; and to provide for 
 governing such part of them as may be employed in 
 the service of the United States, reserving to the 
 
2S 
 
 States respectively the appointment of the oflBcers. 
 The federal constitution further provides, that the 
 President shall be commander in chief of the army 
 of the United States and of the Milida of the several 
 States, whtn called into the actual service of the Uni- 
 ted States. 
 
 On the construction of the federal and state consti- 
 tiif.ion must depentl the answers to the several ques- 
 '' .ons proposed. As Ihe Mililia of the several States 
 may be employed in the service of the United States 
 for the three specific purposes of executing the laws of 
 the Union, of suppressing insurrections and repelling 
 invasions,the opinion of the Judges is requfcsted,wheth- 
 er the Commanders in Chief, of the Militia of the sev- 
 eral States have a right to determine whether any of 
 the exigencies aforesaid exist, so as to require them to 
 place the Militia, or any part of it, in the service of 
 the United States, at the request of the President, to 
 be commanded by him pursuant to acts of Congress. 
 
 It is the opinion of the undersigned, that this right 
 is vested in the Commander in Chief of the Militia 
 of the several States. 
 
 The federal constitution provides, that when either 
 of these exigencies exist, the Militia may be employ- 
 ed, pursuant to some act of Congress, in the service 
 of the United States ; but no power is given either 
 to the President or to the Congress to determine tha 
 either of the said exigencies do in fact exist, as this 
 power is not delegated to the United States by the 
 federal constitution, nor prohibited by it to the States, 
 it is reserved to the States respectively ; and from 
 the nature of the power it must be exercised by those 
 with whom the States have respectively entrusted the 
 chief command of the Militia. 
 
 It is the duty of these commanders to execute 
 this important trust agreeably to the laws of their 
 several States respectively, without reference to the 
 laws or oflicers of the United States, in all cases, ex- 
 cept those specially provided in the Je^leral cousti. 
 
^3 
 
 tiition. They must therefore determine when either 
 of the special cases exist ohliging them to relinquish 
 the execution of this trust, and to render themselves 
 and the Militia subject to the command of the Presi- 
 dent. A different construction, giving to Congress 
 the right to determine when these special cases exist, 
 authorizins; them to call forth the whole of the Mili- 
 tia, and taking them from the Commanders in Chief 
 of the several S-ates and subjecting them to the com- 
 mand of the President, would place all the Militia 
 in effect at the will of the Congress and produce a 
 military cousolidatiou of the States, wi hout any con- 
 stitutional remedy against the intentions of the peo- 
 ple when ra ifying the federal constitution. Indeed 
 since the passing of the act of Congress of February 
 28, 1795, c. 101, vesting in the President the power 
 of calling forth the Militia wh^M the exigencies men- 
 tioned in the constitution shall exist, if the President 
 has the power of determining when those exigencies 
 exist, the Alilitia of the several States is in fact at his 
 command and suhjocl, to his controul. 
 
 No inconveniences can reasonably be presumed to 
 result from the construction which vests in the Com- 
 manders in Chief of the Militia in the several States 
 the right of determining when the exigencies exist 
 obliging them to place the Militia in the service of 
 the United Spates. These exigencies are of such a 
 nature, that the existence of th«m can be easily as- 
 certained by or made known to the Commanders in 
 Chief of the Militia ; and when ascertained, the pub- 
 lic interest will induce a prompt obedience to the 
 acts of Congress. 
 
 Another question proposed to the Consideration of 
 the Judges is, whether, when either of the exigencies 
 exist authorizing the employing of the Militia in the 
 service of the United States, the Militia thus employ- 
 ed can be lawfully commanded by any officer but of 
 the Militia, except by tke President of the United 
 States. 
 
24 
 
 The federal constitution declarer that the President 
 shall be the Comiiiander in Chief of the array of th^ 
 Uiiited States. He may undoubtedly exercise this 
 eomniaud by officeirs of the army of the United States 
 by him commis^^ioned according to law. The Presi- 
 dent is a,lso declared to be the Commander iu Chief 
 of the Militia of tke several States, when called into 
 the actual service of the United States. The officers 
 of Uie Militia are to be appointed by th0 States ; au<l 
 she President may exercise his commatid of the Mi- 
 litia by the oificers of the Militia duly appointed. 
 But we know of no constitutional provision authori- 
 zing aisy officer of the army of the United States 
 to command the Militia? or authorizing any officer of 
 theMiiitiato command the army of the United States. 
 The Congress may provide laws for the government 
 of the Militia wlieu in actual service ; but to extend 
 this power to the placing tlieni under the command 
 of an officer, not of the Militia, except the President, 
 would render nugatory the provision that the Militia 
 are to have officers appointed by the States. 
 
 The union of the Militia in the actual service of 
 the United States with the troops of the United 
 States, so as to form one army, seems to be a case 
 not provided for or contemplated in the constitution : 
 It is therefore not within our department to deter- 
 mine on M hom the command would deA olve on such 
 an emergency, iu the absence of the President. - 
 Whether one officer either of the Militia or of the 
 army of the United States to be settled according to 
 military rank should command the whole ; whether 
 the corps must be commanded b}" their respective 
 officers, acting in concert as allied forces ; or what 
 other expedient sliouid be adopted ; are questions to 
 be ansvv ered by olbers. 
 
 The undersigned regret, that the distance of the 
 other Justices of the Supreme Judicial renders it im- 
 practicable to obtain their opinions seasonably upon 
 the questions submitted. 
 
 (Si-ned.) THEOP. PARSONS. 
 
 SAMUEL SEWALL, 
 
 fLi A Art rjAUi/l?u 
 
S5 
 
 Boston, August 5, 181?, 
 The Ilonoitrable AVilliam ^ustis, Secveturi/ at Wav, 
 
 Sir, 
 
 I received your letter of the 3 1st of July, when at 
 Northampton, and the next day came to Boston. 
 The people of this State appear to be under no ap- 
 prehension of an invasion — several towns indeed on 
 tlie sea coast, soon after the declaration of war, applied 
 to the Governor and Council for arms and ammuni- 
 tion, similar to the articles of tliat kind which had 
 been delivered to them bv the State in the course of 
 the last war, and in some instances they were suppli- 
 ed accortlingly. But they expressed no desire that 
 any part of the militia should be called out for their 
 defence, and, in some cases, we were assured such a 
 measure would be disasjree'ablc to them. 
 
 You observe in your last letter, that the danger of 
 invasion which existed at tiie time of issuing the or- 
 der of the President, increases. It would be difRcalt 
 to infer from this expression, that in your opinion, 
 that danger is now very considerable, as the Presi- 
 dent's order must have been issued before war was 
 declared, your former letter being dated the 12ih of 
 June, and General Dearborn's, who was then at Bos- 
 ton, on the 22d of that month ; — besides, it can hard- 
 ly be supposed that, if this State had been in great 
 danger of invasion, the troops would have been called 
 from hence, to carry on offensive operations in a dis- 
 tant Province — however, as it was understood that 
 the Governor of Nova Scotia had by Proclamation 
 forbid any incursions or depredations upon our terri- 
 tories, and as an opinion generally prevailed, that 
 the Governor has no authority to call the militia into 
 actual service, unless one of the exigencies contem- 
 plated by the constitution exists, 1 thought it expedi- 
 ent to call the Council together, and having laid before 
 them your letters, and those which I had received 
 from General Dearborn, I requested their advice gII 
 the subject of them. 
 
 4 
 
The Council advised " that they Are unable, from 
 a view of the constitution of the United States and 
 the letters aforesaid, to perceive that any exigency ex- 
 ists vrhieh can render it adviseable to comply with 
 the said requisition. But as upon important ques- 
 tions of law and upon solemn occasions the Governor 
 and Council have authority to require the opinion of 
 the Justices of the Supreme Judicial Court, it is ad- 
 viseable to request the opinion of the Supreme Court 
 upon the following questions, viz. 
 1. Whether the Commanders in Chief of the militia 
 of the several States have a right to determine 
 whether any of the exigencies contemplated by the 
 constitution of the United States exist, so as to re- 
 quire them to place the militia, or any part of it, in 
 the service of the United States, at the request of 
 the President, to be commanded by him pursuant 
 to acts of Congress ? 
 % Whether, when either of the exigences exist au- 
 thorising the employing of the militia in the service 
 of the U. States, the militia thus employed can be 
 lawfully commanded by any officer but of the mili- 
 tia, except by the President of the United States ?^^ 
 I inclose a copy of the answers given by the Judges 
 to these questions. 
 
 Since the Council were called, a person deputed 
 by the towns of Eastport and Robbinstowu, on our 
 eastern boundary at Passamaquoddy, applied to me ; 
 representing that they had no apprehensions of inva- 
 sion by an authorized British force, but that there 
 were many lawless people on the borders, from whom 
 they were in danger of predatory incursions, and re- 
 questing that they might be furnished with some arms 
 and ammunition, and that three companies of militia, 
 might be called out for their protection. The Coun- 
 cil advised that they should be supplied with such 
 arms and ammunition as were necessary for their 
 present defence, Avhich has been ordered. They al- 
 so advised me to call into the service of the United 
 
Ai 
 
 States three companies of the detached militia for thf 
 purposes above mentioned. I have this day issued 
 an order for calling out three companies of the de- 
 tached militia to be marched forthwith to Passama- 
 quoddy and to be commanded by a Major : two of 
 the companies will be stationed at Eastport^ and one 
 company at Robbinstown, until the President shall oth- 
 erwise direct. 
 
 I have no inclination officially to interfere in the 
 measures of the Greneral Goverment, but if the Presi- 
 dent was fully acquainted with the situation of this 
 StaiCj 1 think he would have no wish to call our mi- 
 litia into service in the manner proposed by General 
 Dearborn. 
 
 It is well known that the enemy will find it diffi- 
 cult to spare troops for the defence of their own ter- 
 ritory, even predatory incursions are not likely to 
 take place in this State, for at every point, except 
 Passamaquoddy, which can present an object to those 
 incursions, the people are too numerous to be attack- 
 ed by such parties as generally engage in expeditions 
 of that kind. 
 
 General Dearborn proposed that the detached mi- 
 litia should be stationed at only a few of the ports 
 and places on the coast — from the rest a part of the 
 militia were to be called away ; this circumstance 
 would increase fiieir danger — it would invite the ag- 
 gressions of the enemy and diminish tbeir power of 
 resistance. 
 
 The whole coast of Cape Cod is exposed as mucli 
 as any part of this State to depredations — part of the 
 militia must, according to the detaching orders, be 
 marched from their homes, and yet no place in the 
 old Colony of Plymouth is assigned to bo the rendez- 
 vous of any of the detached militia. 
 
 Every hai*bour or port within the State has a compact 
 settlement, and generally the country around the har- 
 bours is populous. The places contemplated in Gen- 
 eral Dear])orn's specification as the rendezvous of thcj 
 
g8 
 
 detached militia, excepting one or two instances, con- 
 tain more of the militia than the portion of the de- 
 tached militia assigned to them. The militia are 
 well organized, and would nndouhtedly prefer to de- 
 fend their fire-sides in company with their friends, 
 under their own officers, rather than to be marched to 
 some distant place, while strangers might be introdu- 
 ced to take their places at home. 
 
 In Bos con the militia is well disciplined and would 
 be mustered in an hour upon any signal of an ap- 
 proaching enemy, and in six hours the neighbouring 
 towns could pour in a greater force than any invading 
 enemy will bring against it. 
 
 The same remark applies to Salem, Marblehead 
 and Newburyport, places whose harbours render an 
 invasion next to imposible ; in all of them there are, 
 in addition to the common militia, independent corps 
 of Infantry and Artillery well disciplined and equip- 
 ped, and ready, both in tlisposition and means, to re- 
 pair to any place where invasion may be threatened, 
 and able to repel it, except it should be made by a 
 fleet of heavy ships, against which nothing perhaps 
 but strong fortifications, garrisoned by regular troops 
 would prove any defence until the enemy should land, 
 when the entire militia would be prepared to meet 
 them. 
 
 Kennebunk is unassailable by any thing but boats, 
 which the numerous armed population is competent to 
 resist ; — Portland has a militia and independent corps 
 sufficiently numerous for its defence, and the same ia 
 the case with Wiscasset and Castine. 
 
 Against predatory incursions the militia of each 
 place would be able to defend their property, and in 
 a very short time they would be aided, if necessary, 
 by the militia of the surrounding country ; in case of 
 a more serious invasion, whole Brigades or Divisions 
 could be collected seasonably for defence. Indeed, 
 considering the state of the militia in this Common- 
 u ealth, I think there can be no doubt, that detachinc; 
 
29 
 
 a part of it and distributhig it into small portions 
 will tend to impair the defensive power. 
 
 I have thus freely expressed to you my own senti- 
 jneuts, and so far as I have heard, they are the sen- 
 timents of the best informed men. I am fully dispos- 
 ed to aflbrd all tlie aid to the measures of the Na- 
 tional Government which the constitution requires of 
 me ; but I presume it will not be expected or desir- 
 ed that 1 shall fail in the duty which I ovv^e to the 
 people of this State, who have confided their interests 
 to my care. 
 
 I am, Sir, with respect, 
 
 your most obedient, and 
 humble servant, 
 
 C. STRONG. 
 
 Commonwealth of Massachusetts. 
 
 GENERAL ORDERS. 
 
 HEAD QUARTERS, BOSTON, 
 August 5th, IS 13. 
 
 By the General Order of the 3d of July last. Major 
 General Henry Sewall is appointed to command the 
 Eastern Division of the Militia, which was detached 
 under the Order of the 25th of April last, consisting 
 of all the detached Militia in the District of Maine. 
 
 The Commander in Chief having been requested by 
 Major General Dearborn, ))y order of the President 
 of the United States, to direct a part of the Militia, 
 detached under the said Order of the ^jiii of April, 
 to march to Passamaquoddy, for tlie defence of the 
 posts and harbours on the eastern border of this Com- 
 monwealth ; and considering that that part of the State 
 is in a peculiar manner in danger of invasion, and tliat 
 disorderly persons may attempt to disturb and annoy 
 the peaceable inhabitanis in that neighbourliood. and 
 endanger their lives aud property ; has thought fit to 
 order, and doth hereby order, that three full compa- 
 
30 
 
 nies of Infantry, of the Eastern detached Division of 
 Militia, be designated by Major General SeAvall ; and 
 after being completely armed and equipped, ordered to 
 march as soon as possible, to Eastport, in the District 
 of Maine, which is appointed the place of rendezvous. 
 The said three companies will form a Battalion, under 
 the command of a detached Major, to be designated 
 Major General Sewall, who will also designate an 
 Adjutant and Quarter Master, and order the whole to 
 march without delay to the place of Rendezvous. 
 The Major commanding the Battalion Avill see that 
 provision is made for the subsistence of his troops, 
 from the places from whence the companies march, 
 until their arrival at the place of rendezvous, in 
 the manner prescribed by law, and for the trans- 
 portation of their baggage. Major General Sewall, 
 in designating the companies to march, will, as far as 
 may be, take them from the nearest counties and 
 districts, and from places the least exposed to the 
 enemv. 
 
 The Major Generals and other officers of the local 
 Divisions of the militia, from which any part of the 
 said Battalion may be drawn, will afford their aid in 
 completing the Companies, and will see that the men 
 are armed and equipped as the law directs. 
 
 The Commander in Chief expects that this Order 
 will be obeyed by his fellow citizens of the draughted 
 Militia, with promptitude, and when marching to the 
 place of their destination, as well as afterAvards, that 
 they will preserve good order, and render due obedience 
 to the commands of their officers. He would remind 
 them that they are not only called forth to defend the 
 frontier against any invasion of a foreign enemy, but 
 to prevent the depredations of any lawless banditti who 
 may be disposed to rob and plunder, whether they be- 
 long to our own territories or those of the enemy. Al- 
 though war is declared between the U. States and G. 
 Britain, it is to be carried on only by the order of 
 Government. It is the duty of the inhabitants of the 
 
31 
 
 towns and villages bordering on the British line, to en- 
 deavour to repel any invasion of our own Territories ; 
 but they have no right to make incursions into the Ter- 
 ritories of the enemy. Lawless plunderers, either by 
 sea or land, and as wxll in time of war as of peace, 
 are pirates or robbers, and their depredations ought, as 
 far as may be, to be prevented or punished ; they only 
 occasion distress and misery to the exposed inhabitants, 
 and have no tendency to produce an equitable peace, 
 ivliich is the only justifiable ol)ject of war. 
 
 The Officers will be careful to inculcate upon their 
 men the necessity of discipline, and a sacred regard to 
 the risrhts of their fellow citizens. The soldiers of a 
 free government should view with abhorrence, any at- 
 tempt to assume power by the use of the sword, or to 
 invade the rights of those, whom it is their duty to 
 protect. 
 
 By Order of tJiP Commander in Chief, 
 
 WILLIAM DONNISON, 
 
 Mju tant Gene ra L 
 
 Augusta, August 17, 1812. 
 
 Sir, 
 
 In execution of your Excellency's orders of the oth 
 instant, which came, to hand on the evening of the l()tli< 
 after adding my oAvii orders thereto, I despatched Ma- 
 jor Dutch, one of ray aids, on the 11th to Brig. Gen. 
 Blake, to whom I also wrote, requesting him to alVord 
 all the assistance in his power, to promote tlie object in 
 view. In designating the companies, I was induced 
 to select that in the neighbourhood of Easiport for 
 one, from the consideration that it would necessarily 
 be exposed, whether put on duty or not ; the other two 
 from the interior neighbourhood of Penobscot river, be- 
 cause they were the nearest I could find ^?hjch were 
 not situated on the sea coast. 
 
 Major Dutch is now returned, with information that 
 General Blake has entered into the spirit of tlie exi- 
 
3^ 
 
 gency ; tliat lie has distributed the orders aforesaid, 
 with his own annexed^ to tliose companies in his neigh- 
 fcoiirhood, and that tliey will probably eomiiience their 
 march to-morrow. I have, moreover, Avritten particu- 
 lar letters, per mail, to the Major, the Adjutant and 
 the Quarter Master of the Battalion, and also to Colo- 
 nel Shead, of Eastport, to whom I have enclosed a 
 copy of the general and detachment order. 
 
 It being intimated to me from respectable sources, 
 that Brigadier Gen. Brewer, of Robbinstown, is an ac- 
 tive Officer, possessing considerable influence in that 
 part of the Country, and that if he could be employed 
 in the way of advice or assistance in the case, it might 
 have a good effect, I have thought that it might not be 
 improper, in view of all circumstances, to address him 
 particularly to ^^ afford his aid"' in any instance wliicb 
 might facilitate the arrangements of the Supreme Exec- 
 utive, in the defence of that frontier ; and unless your 
 ^Excellency should think a letter from Head Quarters 
 might have a better effect, I will attempt it sliortly. I 
 will suggest, with all deference, whether it Avill not be 
 proper that the Major Commandant should be furnish- 
 ed with written instructions from the Commander in 
 Chief. 
 
 I am. Sir, 
 
 With much esteem and respect, 
 Your Excellencv's 
 
 Most obedient serv.int, 
 
 H. SEW ALL. 
 tlis Excellency Governor Strong, "> 
 
 Commander in Chief. . \ 
 
 Eastern Detachment Orders^ hy Maj. Gen. Sewall. 
 
 Augusta, August 11, 1812. 
 
 In obedience to the General Orders of the 5th 
 
 inst. the three Companies of Infantry hereby designated 
 
 to march to Eastport for the defence of that frontier, will 
 
 fee, the detached Company in the neighbourhood of 
 
iJ3 
 
 iCastporfc, under the command of Captain Tliomas Yose^ 
 jun .of Robbinstown,the detached Company i n the interior 
 iieiglibourhood of Penobscot river, under the command 
 of Captain Joshua Chamberlain,* of Orriniijton, and the 
 detached Company in the same neigliboiirhood under 
 tlie command of Captain Thomas George,* of Brewer, 
 which will form a Battalion, to l)e commanded by Major 
 Nathan Low, of Deer Isle ; Adjutant Moses Adams, of 
 Els worth, and Quarter Master Jeremiah Knowlton, are 
 also hereby attached to the Battalion and directed to 
 perform the duties of their respective offices therein. On 
 receipt of these orders the troops composing the several 
 Companies aforesaid, will be supplied with the necessa- 
 ry provisions &c. by the Selectmen of their respective 
 towns, according to the directions prescril)ed in the mi- 
 litia law ; and being completely armed aud equipped 
 as the law directs will immediately march for Eastport, 
 under the command of the said detached Captains, until 
 they shall be joined by Major Low, from v.iiom they 
 will then take further orders. On the arrival of any of 
 the said Companies at Eastport, Colonel Shead, of that 
 place, is hereby requested to afford all the aid and ad- 
 vice which may be necessary for the judicious disposi- 
 tion or comfortable accommodation of the troops, espe- 
 cially until the Major Commandant shall arrive. A strict 
 attention to the orders of the Commander in Chief is 
 hereby enjoined on the Officers and men of this detac- 
 ment relative to their conduct on the march, and at the 
 place of destination. 
 
 Boston, August 21, 1812, 
 
 Hon. William Eustis, Secretary at War. 
 
 Sir, 
 I mentioned in my letter to you of the 5th of Au- 
 gust, that I had tiiat (lay issued an order for calling 
 out three companies of the detached MiUtia, to be 
 
 * These Captains names were inserted at Bangor by the adTice of Gen. Blak?. 
 
 J 
 
jnarcbed immediately to Passamaqiiodd y. for the de^. 
 fence of that frontier, and to he commanded hy a JNla- 
 jor. I direcied that two of tlie companies should he 
 stationed at Eastport,and one company at Rohhinstown, 
 until the President should direct otherwise, unless, in 
 the mean time, the Major w ith the advice of Brigadier 
 General Brewer, who lives in Rohhinstown.and to whom 
 I wrote on the subject, should think a dili'erent dispo- 
 sition of the companies would be more advantageous. 
 
 I have this day received a letter from (General Sew- 
 all, dated the 17th instant, in which he says, that he 
 had designated the detached company in tlie neigh- 
 bourhood of Eastport, under the command of Captain 
 Thomas A-^ose, jun. of Robl)iustown, tlie detaclied com- 
 pany in the interior neighbourhood of Penobscot River, 
 under the command of Captain Joshua Chamberlain, of 
 Orrington, and the detached company in the same 
 jieighbourhood, under the command of Captain Tho- 
 mas George of Brewer, to form a Battalion, to be com- 
 manded by Major Nathan Low, of Deer Isle, and di- 
 rected them to march immediately to Eastport, and 
 that they would pro])ably march the next day. I shall 
 immediately write to Major Low, and direct him to 
 conform to the above instructions in dis])osing of thft 
 companies, until tiie President of the United States 
 shall otherwise direct. 
 
 I am, Sir, with respect, 
 
 Your most obedient servant, 
 
 CALEB STRONG. 
 
 Boston, August 25, 181?, 
 
 Major Nathan Low, 
 Sir, 
 By the time you receive this letter you A^ ill prob- 
 ably have arrived at the post assigned you by General 
 Hewall. The whole of the troops ordered to march to 
 Eastport and Robbinstown, will also probably have 
 I'ffachad the places of their destination, and 1 presume 
 
YOU will find tliom "well armed and equipped. Two 
 t-ompanies will he stationed at Eastport, and one at 
 Robbinstown; until the President of the United States 
 sliall direct otherwise, unless in the mean time you, 
 witli the advice of Bri2;adier General Brewer, shall 
 think a different disposition of them more advanta- 
 geous. 
 
 The President of the United States liavino; been du- 
 \y apprized of your being ordered to Eastport, you will 
 probably soon receive orders from him for the regula- 
 tion of your future conduct, while employed on the 
 present command. But it will be j)roper for you to 
 write to the Secretary at AVar, and inform him of vour 
 situation, as soon after you arrive at Eastport as may be. 
 I would recommeiul to you, strict attention to the 
 comfort, convenience and discipline of the troops under 
 your command. As the extent of frontier committed to 
 vour care is great, the duty of the troops may be severe. 
 But you will endeavour to adopt such modes of doing 
 guard and other duty, as shall render it as light as pos- 
 sible, consistently with the safety of the troops and of 
 the posts. And when the men are not on other duty, 
 you will see that they are disciplined from time to timej, 
 so as to be qualified to act their part well as soldiers. 
 
 On the cleanliness of the men in their quarters and 
 in their persons, their health will in a great measure de. 
 pend. I cannot therefore too earnestly recommend la 
 you the most vigilant attention to it. 
 
 From the intructions you may have already received 
 from Major General Sewall a!»d from the General Or- 
 der of August 5th, you Avill perceive that the object of 
 your command, as it respects the British nation, is mere- 
 ly defensive — this object you Avill strictly fiiUil. At 
 the same time you Avill endeavour to secure the ])eace- 
 able citizens of the frontier, you are ordered to defend, 
 against the robberies and depredations of unprincipled 
 individuals, whatever characters tliev Jiiav assume. 
 
 Should any circumstances arise in the course of your 
 « « 
 
 »'nmmautl which you may deem ])roper for me to be ae 
 
36 
 
 quainted with, you will make your commuuication to 
 me througli tlie Adjutant General until tlie United 
 States assume the control of your detachment, you will 
 also make weekly returns of your Battalion to the Ad- 
 jutaut GeneraFs Office in Boston. 
 
 I am, Sir, with esteem, 
 
 Your most obedient servant, 
 
 G, STKOXG. 
 
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