i 5 J .5 8l« ^- ^ 5"¥ ^ DURING THE LATE WAR. TVashington, January, 1818. WASHINGTON. PRINTED BY E. DE KRAFFT, 1818. /, STATEMENT OF THE CLAIM OF MASSACHUSETTS. The following statement of the claim of Massachusetts to reimbursement of the expenses of her militia, and in- cidental services in the late war, is intended for the pe- rusal of the members of the National Legislature, with a respectful confidence in their disposition, to derive from pure and authentic sources only, the evidence requisite for the formation of just conclusions, upon every mo- mentous subject of legislation. A report of two gentlemen, agents of the common wealth, which is the first document subjoined to thif statement, comprises a concise but faithful narration o facts, and an able, though compendous, view of the prin ciples bv which the claim is supported. These remarks are intended merely as a preface, and in no respect as 2 substitute for that document. This claim, when divested of all considerations foreigi to its merits, will be found to be of great simplicity, anc may be brought to the test of a general or abstract ques tion, in no respect intricate or difficult of solution. Supposing that a sincere and honest difference of opi nion exists between a confederacy of states and one o the members, (^arising from their various constructions the articles of their compact,) respecting the mode i which an obligation, due from the latter, to contribute t the common defence, upon a requisition by the formei shall be performed, there being no umpire, and th danger being imminent, the duty is performfd; the n quisition is complied with, efftciuallij and faithfully ^ a( cording to its ov/n construction of the contract; an 4 iseasonably, as is proved by events; but not in precise conformity to the terms prescribed by the head of the confederacy, following his construction of the same in- strument. Are the confederates bound, by the principles of natural equity and justice, to assume the expense which has been thus incurred by the individual member? To a proposition, couched in these general terms, it is respectfully presumed that every enlightened statesman or civilian would giv^e an affirmative reply. As the true construction of the terms of every compact between states, must be liable to the doubts incident to the imperfection of language, it would be deemed a suf- ficient security in the case supposed, for a federal govern- ment holding the power of the purse, that it retains the means of guarding against abuses and evasions of duty, and of ascertaining whether deviations from a literal compliance with its requisitions, originate in real ambi- guity, or specious and deceitful glosses. It can also ac- company its recognition or allowance of any claim, with 'such protestations and conditions as to preclude reliance upon it as a precedent. The confederacy, having thus the power of self protection, and of decidmg in its own cause, of discriminating between cases of controversy, which arise from a spirit of disaffection or contumacy, in which the duty is neglected, and such as have a just foundation in the apparent conflict of constitutional phraseology in which the duty is performed, may safely yield to the impulse of a magnanimous policy, and do justice, according to the circumstance of each case. There seems to be no alternative between an admis- sion of the correctness of this conclusion, and the rejec- tion or denial of the very existence or possibility of a '* casus foederis" on the assumed principle that the fede- ral government must always be right, in its construction 3f the terms of the compact, and that every doubt or de- 5 nial of its infallibility by one of the states or members, though attended by no practical ill consequence, is not ori' It/ wrongs but punishable by Jo feiture; and that too with« out a hc^aring. This doctrine, it is believed, has never been adopted to such an extent in any government constituted in part or in whole upon federative principles. The history of such goverments will show that ques- tions have not unfrequently arisen in relation to the con- tingents of men, ships, money, and other duties or con- tributions, claimed bv the confederacv from the individu" al members, as well as to time, destinations, and other circumstances incident to the fulfilment of such obliga- tions. But even in those confederacies, where the vesti- ges of separate and independent rights are not absolutely- effaced by the pres^iire of a consolidating and arbitraiy power, cases of this description have ever been regarded as subjects of fair discussion and amicable explanation. They are tried and settled like other questions of law and equity, except that from necessity the greater power is judge and party. And it has never yet been determined that a state having in substance ptrrformed a duty enjoined by the htad of the confederacy, has neverlhtless incurred the penalties of contumacy, merely for a deviation from a prescribed mode of operation, by which no advantage accrued to the individual, and no detriment arose to th« league. The case in question would have been entirely parallel to the case supposed, if the government of Massachusetts, actuated by a sincere conviction of the correctness of its exposition of the Constitution of the United States, for that reason only^ had constantly withheld the militia from the command of their officers, but had nevertheless de- tached the troops required under the command of state officers, and m all other respects, complied with the requi*- 1* 6 sitions of the President. But the claim of Massachusetts rests on still more favorable ground. The militia was not uniformly withheld from the command of the officers appointed by the President. But in the most important instances in which they were thus withheld, the conduct of the executive of Massachusetts was influenced by con- siderations of great moment, independent of his own opinions, and repugnant to hrs inclinations, for which no blame or reproach can possibly be attached to him or to the legislature. This assertion will be abundantly sup- ported by the subjoined documents and other ample evi- dence, which will prove the following facts: First, Although upon the requisition of the Secretary I of War, communicated at the beginning of the rupture tvith Great Britain, the Governor of Massachusetts, with j; the advice of his council, and under the sanction of the opinion of the Supreme Court, declined calling out all the li militia required under the officers commissioned by the I President, yet, at a subsequent period, when the danger became imminent, before any injury or inconvenience had arisen to the public service from delay, he did call out and < detach several bodies of state troops under those officers, \m compliance with their requests. J Second, At the last mentioned epoch, the same execu- tive government of Massachusetts, as far as possible, did I comply with the presidential requisition. But in some Jinstances it became impracticable, owing to the extreme repugnance of tha militia, both officers and men, without distinction of party, to be subjected to the control of the iofficers of the United States, manifested by remonstrances, secessions from the field, and demonstrations of discon- tent, which in a moment of sudden danger and alarm i could not have been resisted by the rigor of discipline, without the hazard of aggravating the evils. Third, That the executive government of Massachu- setts, accommodating itself to these emharrasments, did, to the utmost of Us power, endeavor to co-operate with the army and navy officers of the United States in their plans of defence; and for this purpose an agreement was made between general Gushing, while in command of the first military district, and the adjutant general of Massa- chusetts: and that for the protection of the most im- portant fortresses, an informal arrangement was had be- tween the governor and major general Dearborn, who succeeded to the command of the district, by the terms of which, his son, being a brigadier general, then re- cently appointed in the Massachusetts militia, was placed under him in the command of a fort, justly considered as the great safe-guard of the navy yard and ships of the United States, while he retained the command of ano- ther, the principal fort: That the troops called into the field were stationed with a view to reinforce these forts, and boats were prepared for their transportation, in case of attack; so, that in that event, the most elTective force of the state, and the entire defence of Boston, and its harbors, would have been at the disposal of the said major general. A perfect intelligence also v/as main- tained, by the most friendly communications, betweer^ the governor and the principal officers of the navy of the United States, for acting in concert, which receiv- ed the approbation of the Secretary of the Navy. The same spirit of accommodation was extended to the ope> rations in the district of Maine, where a most important command in the militia called out for service, was en- trusted to major general William King, an officer pos- sessing the confidence of the President, and actually em- ployed by him. Fourth That measures for defending the state were adopted and enforced by the government, and supported by the people with alacrity, good faith, patriotic zeal, de- termined courage, and wise economy, lo this end all s I was done that promised utility — all that was proved by- events to be necessary; and though, in some instances, the militia were omitted to be placed under the command of the army officers, yet from the commencement of the war the whole of that body was held in readiness for any emergency, and the views and objects of the executive government of the United States, in providing for the common defence, by the aid of the militia, were, in real- ity, promoted with all the efficiency qf which they would have been susceptible, under the formal command of the major general of the military district, or any other officer*- The state of Massachusetts now respectfully asks for authority to be given to the proper department, to reim* burse the expense incurred by these services, upon esta-* biishing these facts, by conclusive evidence, to be exhi- bited to th;^it department, or any other competent judica- tory. If, from these facts, the justice or equity of the claim can be demonstrated, it would be derogatory to the dignity of the national government to anticipate its rejec- tion. The legislature of the state undoubtedly regarded the declaration of war, with a sensation of deep regret, and expiessed, on various occasions, its repugnance to that measure, and a most earnest desire for its termination, I^Iany persons, probably of high intellectual preten- tions, and of unblemished moral worth, who may be cal- led upon to consider this subject, may recur to those prO' ceedings oi the state government with feelings of great disapprobation; but they will discern in them no plea for the avoidance of a claim whose justice is independent of these proceedings. The real value of what is done can- not be impiiired bv what is said, in cases where the value is fixed and specific. An agent, advancing money tor his principal, which comes to his benefit in an authorized concern, is entitled to reimbursement, however he may have expressed dissatisfaction with his agency. If the 9 language of debate or remonstrance, or of assemblages of citizens, or of the public papers, can be urged in opposi- tion to a claim for moneys expended in the common cause, the objection could not be affected by the charac- ter or commission of the commanding officer, under whose authority the expenditures were made. The ob- jection is either destitute of weight, or it applies to the claim itself, and not to the mode of its origin. It may be also recollected, as a circumstance favora- ble to this claim, that immediately after the period of its accruing, Congress, upon full experience and considera- tion of the best mode of prosecuting the war, made pro- vision for employing forty thousand militia within their respective states, and under their own officers. This law would seem to imply a sanction to the practice then lately adopted by the government of Massachusetts, or at least a compliance with the preference iexpressed by that and several other states. Had it been passed a few months earlier, this claim would have been embraced almost with- in its letter, and certainly within its spirit. It is then reasonable to hope, that the liberality of government will apply retrospectively^ principles, which though not embo° died into the form of a statute at the moment when the claim accrued, possessed the same intrinsic soundness then as at the period when their practical application was sanctioned by law. The claim of Massachusetts, and of other states, under similar circumstances, has been once fully recognised by one branch of the legislature. A bill providing for the pay t of the militia employed under their own officers, in the service of the United States passed the Senate, with great unanimity, after full information of all facts and circum- stances. In the House of Representatives, it was post- poned, by the suspension of all but indispensable busi- ness, on the unexpected nev/s of peace; as was also a si- 10 milar bill afterwards, through the pressure of affairs, at? the close of a short session. It will now be again pre- sented for consideration, under a full assurance that eve- ry honorable member of the National Legislature will either dispassionately investigate its merits, as supported by evidence, or refer such investigation to some other competent department, with authority to do what to equity and justice may appertair^ • ■ i ■1 i I . ' J: JVote from James Lloyd ami William H, Sumner, Esjs, age'its for the state of Massachusetts 9 to the Acting Se- cretanj of War, dated Washington, February 3, 1817. SIR, IN the conferences we have had the honor to have with you, in relation to the claim of the state of Massa- chusetts for expenses incurred and supplies furnished for the service of the nnilitia of that state, for general security and protection during the late war, with the adjustment of which claim we have been charged, it has been our wish, as we have before made known to you, to conduct the examination and settlement of the ac- count, with the respect and deference always due to the highest public functionaries of the nation, and to pursue that course, which, while it would do justice to the state, we on this occasion have the honor to represent, would also, best comport with the convenience and wishes of the executive of the United States, to whom, in the first in- stance, we considered it most proper to apply. We understand, from the laws passed in the years 17S5, and 1814^, authorizing, uiider certain circumstances, de- tachments of the militia, on the requisition of the Presi- dent of the United States, that the expenses incurred in consequence of such requisitions have been liquidated and paid by the general government; and that when the mili- tia has been ordered by state auihority, into service, with- out the request of the President, and the occasion has, in the opinion of the executive of the United States, justifi- ed the call for their services, that a subsequent recogni- tion has been considered as equal to a previous requisition^ and that on this construction of the powers given by ihe laws beforemention.:d, to the President, ve y large claims have been admitted, and paid in whole or in part, either by advances, or on final adjustment, to several of the states who hav^^ prest nted them. On this grouoil. therefore, and justlv presunning on the distribution of that equal and exact justice to all the mem- 12 bers of this great family of states, which alone could furnisL the vital principle of their union, and which undoubtedly will govern the conduct oi the general government on this and on all other occasions, we have hoped that the account we had the honor to present, w^uld have been admitted, at least to an investigation on its merits, and that, as the sim- plest and most easy method of examination that presented itself, we should be allowed to take up the several items which composed it, in succession, in the order in which they have been arranged, and to offer them for admission or rejection, accordingly as the judgment or sense of du- ty of the head of the department, or the proper officer de- signated for the purpose, might determine; not expecting that a claim for any expense would be allowed, unless it were shown that the occasion called for its being incurred; that the service was both effectively and economically ren- dered, and that it has been fully and honorably paid for by the state. This course we regret extremely to find is not accepta- ble to the executive, if we were correctly impressed by the conversations which we had the honor to hold with you; the result of which we understand to be, that the ex- penses not having been incurred under the authority of the United States, and the governor of Masssachusetts having omitted to place the militia of the state under the officers of the general government, no account of this kind could be received for examination at the Department, without an antecedent recognition by the President of the United States, of the several cases under which the expenses arose. We cannot but lament this course being now taken, because we do not learn that it has been asked in any other instance to be pursued so much in detail, as we now presume it to he required, in reference to the claim of Massachusetts; because it will unavoidably entail a con- siderable delay in classing anew, the various expenses of the same bodies of the militia, as they were at different times called into service, under seperate heads or occa- sions, and may require a minuteness of evidence, in sup- port of the urgrr.cy of iheir being employed, which the notoriety of the occasions, at the time they occurred, and the line of conduct understood to be adopted to- 13 wards other claims, was not supposed to require; and wh'ch evidence is not, even now, in all its parts prob I'oly in i'xiscencei as a matter of record, and must there lore, in many instances, -still remain to be collected in an oifi- cial or authentic shape, if this rigor in point of forqa should be adhered to. It is undoubtedly true, and neither a wish is felt, nor a direction been received to conceal the fact, that a differ- ence of opinion has unfortunately existed between the general government of the United States and the govern- ment of Massachusetts, respecting the constitutional pow- ers of the former, in relation to the control of the militia of the several states in the union; and it is greatly to be deprecated, that a difference in the construction of constitutional powers should ever excite other sentiments than those of a reciprocal respect, and a mutual disposi- tion after dispassionate consideration, to amend what may be defective, and to provide a remedy for the evils of the fu;ure, from the inconveniencies of the past; and more especially should this be the case, in a government found- ed on the choice of enlightened freemen, to secure the enjoyment of rational liberty to themselves and their pos- terity, and tlie chief preservative of the purity, and con- sequent duration of which, must spring from the jealous vigilance with which all questionable expansions of power ought to be viewed; either on the part of the general gov- ernment, or that of the states; and which dispositions, therefore, instead of meeting the frowns, would appear to be eniitled to the support and encouragement of every iriend to the present form of government, and who would wish to maintain and transmit it, resting on its existing foundations, pure and unimj)aired to distant generations: and in a more particular manner should this disposition of mutual respect and deference, for conflicting opinions prevail, where the event has happily proved the evils ap- prehended to flow Irom them, to be those of imagination radier than of reality; and when the present prosperous circumstances of the country admit the people of the U*. 'led states, the legitimate fountain of all power, peace- ably to adopt that corrective, which their ardent desire to secure and prestrve their own rights and those of the general and state governments, as defined by their re - 14 V spective constitutions, will undoubtedly Induce them to apply, should they consider the occasion as requirii g it. The point in discussion, that of the constitutional con- trol of the militia, and the extent to which it has been given to the general government, or is retained bj' the states respectively, has, from the first adoption of the federal constitution, been, perhaps, a question more doubtful and interesting in its nature, and has given rise to a greater diversity of opinion among the most eminent statesmen of the country, and probably allows of a more honest difference of sentiment than can be brought into controversy under any other provision of that constitu- tion. Without meaning to sustain, or scarcely to enter into the argument, it is on the one hand conceded, that a de- nial of the construction given by the general government would lessen the power, and, under certain circumstances, materially impair the strength of the nation; while, on the other, the admission, to the fullest extent of the doc- trine, that the executive of the union is to be the only judge of the em.ergencies under which the militia is to be brought into the service of the United States, at the time and in the manner which it might think expedient; ,ind that when so brought into service, the militia can, by ?he junction of a large number of their men, to a m.erc skeleton of regular troops, be, in fact, officered by the United States; and that the executives of the several ^.tates, contrary to their belief in the existence of such rmergencies, would be bound to bow before this tribunal, -rected in the breast of a single individual, and to yield amplicit obedience to such opinion, must, after the sur- render by the several states of the principal sources of iheir revenue, place them entirely at the mercy or dispo- sition of any future tenant of power. Strip the indi- vidual states of their physical as well as fiscal force, and it would scarcely leave them in possession of even a rem- nant of that sovereignty and self-dependence, which some of them undoubtedly supposed they had retained. But, •it is repeated, it is not intended to discuss this question further than to prove, that, w^ith the most correct views, different sentiments may honestly and intelligently exist with regard to it; and that, at any rate, the opinion adopted for the time by Massachusetts, was one fah'ly and deli- berately formed by the governor of a large and respect- able state, himself a statesman of forty years experience in the highest offices in the country, and with the advice of his council; was corroborated by a judicial tribunal commanding the highest respect where known, and who are, by the constitution of the state, bound to give their opinion *' upon important questions of law and upon so- lemn occasions," to the executive; was an opinion con- firmed by the legislature and sanctioned by the people, by their reiterated support and election to office of the same public agents who adopted and avowed it; an opinion, therefore, entitled to great respect under all circum- stances, and meriting every consideration which the most deliberate judgement could give to it, and, perhaps, re- quiring the settlement of a point so interesting in itself, and so open to controversy, in the mode pointed out by the constiiation, by an amendment explanatory of its pow- ers as applied to the rights of the general government and the states, in the employment of the militia in the cases contemplated by the constitution. This course has already been recommended by the executive of a highly respectable state, (South Carolina) not interested in the immediate question to be adopted by its legislature, and seems to be the best founded in reason and expediency, and the one which might be at- tended with the happiest eft'ects hereafter in preventing misconstructions, or collisions of opinion, when they might become injurious to the public safety, if the subject W'ere le-ft in its present unsettled state. At any rate, in r government jet in its infancy; in a government of experi ment, which had never before tested, or attempted to ex ercise its powers in a foreign war, and under a state o public sentiment unprecedented in former times, it can not be wished or expected by any part of the community that a difference of opinion relative to the extent of con stitutional powers sanctioned, as was that formed by th< state of Massachusetts, whether correct or erroneous ii itself, can be suffered, after the services have been ren dered, and the protection wanted, in a great measure ob taintd, to remain as a lasting source of irritation, or t operate as a pecuniary mulct upoa a brave and free pet pfe who ilrst reared the standard that ultimately, by the common efforts of the nation, waved triumphantly over the established independence of the country, and who in that vv'ar, as well as in the last, furnished their full propor- tion of those who filled its armies and fought its batdes. Stiil less, if possible, can it for a moment be believed, that a claim thus founded, on a necessary and unavoida- ble defence for the general safety, against a common ene- my, and not amounting in the whole to one-third of the suirMvhich is contributed towards the revenues of the United States, in a single year, by a single port of the state that advanced it, can be retained as a lure for politi- cal subserviency, or its liquidation be withheld for the ad- vancement of party purposes; a doctrine too discreditable to receive a moment's confidence, and requiring from the undersigned an apology for its introduction, only to be jlerived from the pubhc avowal and recommendation that has been made of it; and the expression of their perfect conviction, it will meet, both from the high offices of the government and from the people of the United States, the reprobation it deserves. We cannot, therefore, but feel confident, that the rightful and constitutional remedy before noticed, if it should appear in the good judgment 3f Congress to be needful, will be resorted te, and that ^he claim of the state of Massachusetts will be admitted xnd repaid by the general government. Under the infiti- ^nce of these impressions, we beg leave to state as the origin of this claim, and as matter of notoriety, that at he commencement of the war, the regular troops, per- laps not exceeding at the time, a man to a mile, of the Lxposed seacoast of Massachusetts, were at a very early jeriod withdrawn to the northern frontier; that after the ^irst year of the war the maritime border of the state was 'requently threatened by the enemy; that a part of it was 'ctually invaded, and a very commanding naval and mili- ary position in it, unassailable when once fortified and ossessed. without a superior naval force, except with Veat and nearly inevitable destruction, was secured and etained by the enemy; thus cutting off and keeping, in |ome degree, under his control, a large division of the tate, depriving it of the power of military co-operation, r of (I safe and easy intercourse with the capital or the 17 government; that the harbors along the coast were fre« quently annoyed; expedilions for further conquests me- naced, and preparations made for effecting it; that seve- ral ports in the state were entered; the vessels in them in some instances burnt; that small defenceless towns were laid under contribution; that predatory incursions and alarms constantly prevailed, and that the security and protec ion of the inhabitants of the state from further aggression and insult, were derived from the services of the militia, in the way in which they were rendered, and in which, from various circumstances there is reason to believe, the defence of the state by the militia, could alone have been made effectual. The circumstances relative to the calls for the service of the militia, having communicated to Congress by the department and for the greater part printed, we will not trespass upon your time further in relation to them, than to remark that the first call v<^as made in consequence of a let- ter of the honorable William Eustis, written prior to the de* claration of war, and v*?hen that event still remained sus- pended in a very doubtful scale, and that none of the con- stitutional emergencies did at that time exist, or were ex- pected by the government of Massachusetts speedily to occur; nor did they occur to any extent of importance, until two years alter the request of general Dearborn, on June 22d, under the authority given him on the 12th of that month; but shortly after the declaration of war, to wit: on the 3d July, 1812, the executive of Massachu- setts issued the general order, which accompanies the present communicasion, for the purpose of placing the militia of the commonwealth in the most effective possi- ble state; " exciting their love of country, and exhorting them to be obedient to the provisions and intentions of the laws in every respect, and to be ready wkh alacrity and effect, to defend their constitutional rights and lib- r- ties/'and apprisir.g diem incase of invasion or imminenfi danger thereof, ^hey were to march without delay, and when in the actual service of the United States, to be placed under the orders at the President thereof: this or- der was sent the same day it was issut-d, to general Dear- born, and shortly after this, a body of militia, consisting of three companies, was placed in the service of the 18 United Sates at Eistport, under the orders oi general JBoyd. The next request received by the governor was in tluly, 1814, when the probability of attack having increas- ed, the general requested eleven hundred n^en might be ordered out, for the defence of the most exposed parts of the seacoast. This order was complied with, the troops placed under the authority of the United States, and the service performed; part of the said troops to the number requested by general Dearborn, having been stationed at Castineand Machias, prior to the capture of those places by the enemy* On the 5th of September, lSl-i<, general Dearborn again ^nad^ a requisition on the governor of Massachusetts for a body of mditia, when the general orders of the 6lh of the same month v/as issued, and every measure taken to guard against the attacks of the enemy. A considerable bodv of the elite of the militia from the interior was or- dered into immediate service, and marched and encamp- ed on the seaboard; and the vvhcle of the militia were enjoined to hold themselves in constant readiness, and were called upon '* by every motive of the love of coun- U'w, of honor, and s) mpathy for their fellow citizens, who might be suffering the penis of war, to maintain the most ■ perfect state of preparation, and to move when called to the scene of action, with the utmost celerity." I5ut the ' difficulties which had arisen, and the complaints that had 1 been made from placing the militia in the immediate ser* ' vice of the United States, under United States' officers, on former occasions, had been such as to induce the belief ' It would be inexpedient, if not hazardous, to repeat the ' order, without having the power to enforce it. An ar- f ra-^gement was however subsequently made with general * Dearborn, to place part of the militia in the forts of the 3 United States, in the harbor of Boston, under direction cf < his son, general ILA.S. Dearborn,andthe very efficient bo- ^ dy of troops beforementioned, v^ere stationed in the vici- ^ nity of the forts, to reinforce and support them. C A fourth requisition was made by general Dearborn to } guard the prisoners at Pittsfield, but the same causes ope- } rated as in the other case, in addition to the belief that in (he midst of a thickly settled population^ the danger of 19 escape from the existing guard, or of insurrection, did not reqarre a compliance with the call. The event veri» fied the soundness of the opinion. These are all the calls for the militia, which are known to have been made, and it is believed it can be shown, that the omission to place the militia in the service of the Unit- ed States, was a matter of form, rather than of fact; that the protection of the country was never for a moment abandon- ed, and that the militia were assembled, and in readiness to act whenever emergencies appeared to require them; that the arrangements adopted were judicious, and in seve- ral instances, predicated upon the wishes of the officers of the United States, or of those who had the confidence of the general government, and who were, at the time, or subsequently, taken into its service, as will appear from the correspondence of generals Dearborn, Kmg, and H. A. S. Dearborn; and of commodore Bainbridge and cap- tain Hull of the navy, herewith presented; and also from the letter of the honorable William Jones, late Secretary of the Navy. It can be demonstrated also, that the service of the mi- litia so rendered, were both frugal and effective, as large bodies of troops were never unnecessarily called into ser- vice, nor retained in it longer than the occasion required; that the constant appearance and probable knowledge of preparation and readiness to repel attack, prevented the advances, or further depredations of the enemy. AVhile the propriety of this mode of defence has beep admitted, as we conceive, not only by the correspondence before referred to, and by the payments made under similar circumstances to other states, but also by the dictum of a former Secretary of War, promulgated at a period when, from the absence of all causes ot irritation, the most dispassionate judgement could be formed, " t/iat it is laxvful for the governor of a slate, when the sta'e may hf invaded, or in imminent danger of invasion, to he the judge of the degree and duration of the damrer, and to ap^ portion thr defence to the exigencies that presented;''' as ap. pears from the report of general Dearborn, made to the House of Representatives of the United States, Feb*-u- ary 3d, 1803; and also from the opinion of General Knox, when in the same office, as expressed in his letteF 20 of June 10th, 1793, to the governor of Georgia: and the utility and necessity of the said services of the mi- litia, as they were rendered, is still more fully and strongly confirmed by the fact, that when so ordered into service, they received the recognition of General Dear- born, by the supplies of muskets and munitions of war, he in certain cases, and to a considerable extent, furnish- ed them with, on loan or otherwise, from stores of the United States, and which had been requested of him, expressly for the useof such bodies of the militia, ordered into service for the general defence of the seaboard. The foregoing embraces the brief outline of the claim we have been instructed to present; and we proceed now, in compliance v/ith the suggestion of the Department of State, that so far as we have at present at command the means of judging, it may be classed under the following heads, viz: 1- For the expenses of the militia who were called out i by their respective officers, in consequence of an attack or threat to lay small towns and defenceless places under contribution, or who rallied suddenly against the preda- ■ tory incursions of the enemy's ships and barges; most of l! whom were in service only a few days at any one time, • having been discharged as soon as the danger ceased; and ' for the pay and subsistence of small guards and detach- ' xnents, ordered out at the suggestion of General Dear- ^ born, for the defence of several small villages whose shipping and property were much exposed. ^ 2. For the payment and supplies of the militia who were ■■ detached and ordered into the service of the United '' States, from the time the} were mustered in their several ^ companies until they arrived at their places of rendez- ^ vous. and for the rations and supplies furnished them after ' they were received into the service of the United States, ' none having been provided for them at the time. ' 3. For the pay and supplies of the militia marched for, and employed m, the defence of the Penobscot fron- } tier, after the country east of that river was taken pos- t session of by the enemy. f 4. For the expenses of the militia who were de- i tachid, agreeably to the request of the superintendent of the militarv district, offered to be placed in the service of 21 the United States, organized according to law, which of- fer was accepted but a short time before the period for which they were detached had expired; by reason of which, and the inability of the contractor on the station to furnish the supplies, they were retained in the service of the state. 5. For the expense of the militia at Portlnnd, which were called into service at the request of the committee of safety of that town, at a time when the enemy's fleet, with troops on board, was lyinv^ on the coast; when great alarm existed in the town, and an attack was momently expected; when the principal reliance for the defence of the town was on the militia; and when the seacoast must have been protected by them or abandoned to the will of the enemy. 6. For troops employed for the defence of important exposed places, some of which were attacked, and for the defence of whidi no troops were requested to be placed in the service of the United States. 7. For troops, which, at the request of the committee of safety, of various towns, in time of alarm, were march- ed in for the defence of those places, more than those which were placed, or offered to be placed, in the service of the United States, for the defence of such places, and who were immediately discharged on the cessation of danger. 8. For troops that were called in for the defence of Boston, besides those placed in the forts of the United States, and who were stationed in its vicinity to rein- force the garrisons of those forts in case of attack, and to prevent the enemy from obtaining possession of the heights adjoining, which commanded the forts of the town and the United States' navy yard. 9. For troops, which, at the request of the several na- val commanders at Boston and Portsmouth, and at the suggestion of general Dearborn, were called out for the protection of the United States' sevtnty-four gun ships, building at those places, and for the defence of the ships of war of the United States, which were chased into port; part of the evidence, in reference to which, may be seen !n the letters of general Dearborn, commodore Bain- bridge, and captain Hull, and of adjutant general Brooks, who, in consequence of th- directions of the executive, promptly complied with the requests made — ordereci some of the most effective and valuable corps in the state into service, and informed the commodore that the go- vernor was fully disposed to do every thing " in his pow- er to aid in defending the navy yard, and the ships in the harbor, which his authority', by the constitution, would admit." 10. For an allowance to the militia for arms and cloth- ing, and the use of their horses, when in service. ±i. For the cost of procuring small arms, which were distributed among the militia: For mounting and trans- portmg pieces of heavy ordnance, purchasing ammuni- tion, tents, military stores, and equipage;* For barracks, built and hired for the troops, and damage done to indi- viduals, in their property, by erecting forts, and occupy- ipg their buildings as barracks. 12, For the. expenses of materials furnished for build- ing platforms, magazines, furnaces, pickets, &c. in forts and batteries, erected in conformity with the advice and suggestions of the naval and military commanders of the United States. 13. For the pay and supplies of the militia who were employed in fatigue duty, in repairing, extending, and strengthening the United States' forts in various places, and for the costs of the materials therefor, and for shot and other supplies of ammunition, furnished to the com- manders of tliose forts. 1^. For the pay and rations of the militia in the most exposed and important towns on the seaboard, who were ca led out two days in the week for discipline and exercise, agreeably to the wishes of the officers of the Viiittd States. lb. For the purchase of several large ships, and pre- paruig them to be sunk in the main channel of Boston harbour, in concurrence with the opinion of naval and military commanders in the service of the United States, for the security of the navigation, towns, and navy yard, which vessels were sold after the peace, and the proceeds credited to the United States. The preceding specifications offers to view, sir, the principal heads of charges incurred and paid by the state^ for the general defence and security during the late war, which at present occur to usj but we will omit at this time 23 io burden you with voluminous documents in their sup» port, ay we understand the judgment with regard to them is to rest on principles and not on details, and to be deter- mined by the authority given by the existing laws of the United States, the usage under them, and the opinion of the executive. I'he vouchers in support of the claim shall be promptly furnished, as soon as v/e can ascertain what may be wanted, and can procure them from Massa- chusetts; but as we came unprepared for the exhibit un- der the form that has been prescribed, and are unwilling longer to delay this note for the receipt of further docu- ments, we ask leave to be considered as reserving *o the state or its agents, the right hereafter to extend, alter, or ■amend it, as a further developement of the circumstances of the several items of the account, or the evidence in their support may require. Under this illustration of the claim, we have now the honor to request you will be pleased to inform us, whe- ther the expenses which have arisen under the heads be- fore enumerated, and which have been paid by the state^ will be admitted to an examination at the war department? and if the whole should not be admitted, what part may be considered by the executive as entitled to payment, on the proof hereafter to be produced, being satisfactorilv established? We will only extend the present letter by making known our readiness and desire to ajTord every further personal or other explanation on the subject to which it relates, whenever you may have the gi cclness to inform us it would be acceptable to 3 ou to receive it; and we also avail ourselves of the occasion to express the due sense we entertain of the urbanity and courtesy we have indivi- dually experienced, both from the State and 'War Depart- ments, in the intercourse we have had with them on the business committed to our charge. Requesting from you, sir, the favor of an answer, as soon as the importance oY the suljject, and your other various avocations will permit, We have the honour to be, witli sentiments of great con- sideration, your very respectful and obedient servants, JAMES LLOYD. WILLIAM H. SUMNER. Washington, Febmar-j 3, 1817. To the honoiivabls George Graham, feting Secretary of War of tlie United States. 24 No 1. Commonxveahli of Massachusetts, [General orders,} ILadquarters^ Boston, July 3, 1812. War having been declared by the government of the United States, against Great Briain and Ireland, and the dependencies thereof, the commander in chief calls on the militia of Massachusetts duly to notice the solemn and mtt resting crisis; and exhorts them to meet the occa- sics' with constancy and firmness. When war is com- menced, no hirna > 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 sarfety. Pro- vidence seldom abandons to ruin thiose, who, to a just re- liance on the superintending 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 duties resulting from their several stations; particularly, that they acquire and maintain a perfect knowledge of the condition of their respective commands, and see, as far as in their power, that their men are duly armed and equipped; that the time allotted to trainings, be devoted to ihe in- struction of the noncommissioned officers and soldiers in the exercise of arras, and in the practise of evolu- tions, as prescribed in the established regulations; and that the provisions and intentions of the laws, be, in eve- ry respect, fulfilled, that thev may be ready, with alacrity and effect, to defend their country, their constitutional rights, and those liberties, which are not only our birth- right, but which, at the expense of so much blood and treasure, were purchased iri the late revolution. From the docility, from the good sense and patrlott ism. of the noncommissioned officers and soldiers, the commander in chief is kd to expect a patient submissi'>ii to the instructions of 'hr\\ officers, prompt obedience to their orders, and the practise of all those military and Td mastuiine virtuci^, which adorn the soldier and exalt the man. To all the militia, hoih officers and soldiers, the com- mander in chief would superadd an earnest exhortation, as they are citizens, as well as soldiers, to cultivate a spi- rit of candor, 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 libert}-, and good government. The commander ii: chief requires that particular atten- tion be paid to the town magazines; that they are fully providttd with the ammunition, military stores, and uten- sils, which the law directs; and the brigade quartermas* ters 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 or- ders of the 25th day of April last, the major generals, or commanding officers of those divisions, are enjoined to attend to that service without delay, and to make and complete the detachments, from their respective corps, of their several quotas of the said ten thousand men, and to make return of the same as speedily as may be, to the adjutant general. The said generals, and other officers, tvill take care that the militia, so detached, are duly pro- vided with the efficient arms and accoutrements necessa- ry for actual service. The militia, detached by the orders above alluded to, after they are fornved, 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 inva- sion, or imminent danger thereof, in which case, without waiting for such orders, they will march without delay, to the defence of any part or parts of this commonwealth, that shall be so invaded, or in imminent danger of inva- sion; and when in the actual service of the United States, will be under the command of the President, agreeably to the constitution of the United States. And W/hereas the quota often thousand militia, requir- ed, as aforesaid, being to be raised from the several di- visions and corps throughout the commonwealth cannot o 26 be assembled in time to repel a sudden invasion, and ft) embody them previously, and keep them in constant ser- vice, would be extremely burdensome, and even if as- sembled would not be adequate to the defence of the nu- merous points, on a coast of several hundred miles in extent; the commander in chief further orders and directs, that the generals, and other officers of the whole militia of the commonwealth, bearing in mind the possibility of a sudden invasion, hold themselves, and the corps under their respective commands, in constant readiness to as- semble and march to the defence of any part or parts of the commonwealth, pursuant to the orders to be gvcn by him; but without waiting for such orders, in case of ac- tual invasion, or such imminent danger thereof, as will Slot admit of delay. By the general orders, abovementioned, of the 25th of April last, three major generals and six brigadier gtnei> rals were assigned to command in that detachment, with- out being regularly detailed from the roster. The com- mander in chief, therefore, orders, that the following ge- neral officers, being detailed liom the rotter, as the law directs, be appointed to command in the said detachment, in lieu of the general officers named in the general orders aforesaid, viz: Western Division. Major general Ebenezer Mattoon, Brigadier general Caleb Burbank, Brigadier general Isaac Maliby. . Eastern Division, Major genera! Henry Sewall, Brigadier general John Blake, Brigadier general David Payson>. Southern Division* Major general Joseph B. Varnum, Brigodier general Ebenezer Luthrop^ Brigadier general William Hildreth. Bi/ order of the commander in chiefs 27 No 2. Copy of a letter from general Dearborn^ to his excellency Caleb Strongs governor of the state of Massachusetts^ dated ^Military District^ M 1, headquarters^ Bosiony July 8, 181i. SIR, The existing state of alarm on the seaboard of this commonwealth, arising from the daily depredations com- mitted by the enemy on our coast, renders it desirable to afford some additional protection to the citizens gene- rally on the seacoast, and especially to the principal towns : and villages; and by virtue of authority derived from the ■ President of the United States, I deem it my duty, at this time, to request that your excellency will be pleased to give the necessary orders for having detached, as earlv as circumstances will permit, armed and equipped as re quired by law, one major of artillery, two captains, eight lieutenants, thirteen sergeants, eleven corporals, six mu- sicians, and two hundred privates; and one lieutenant co- lonel of infantry, two majors, ten captains, thirty subal- terns, one adjutant, one quartermaster, Qne paymaster, one sergeant major, one quartermaster sergeant, two principal musicians, fifty sergeants, fifty corporals, twen- ty musicians, and nine hundred privates, to remain in the service of. the United States for the term of three months, unless sooner discharged by order of the Presi- dent of the United States. As it will be necessary to have the artillery and infantry placed at the different posts on the seaboard of this state, it would be desirable that, as far as practicable, they would be detached from the vi- cinity of the respective posts. The intended distribu- tion of the detachment will be communicated to the ad- jutant general of the state, previous to his issuing the ne- cessary orders. The proportion of officers, noncommis- sioned officers, musicians, and privates, is in conformity with the present regulations of the Department of AVar» from which 1 am not authorized to admit of any matcrinJ dc,viation* 28 No. 3. Mxtract cf a letter from general Bearborn^ to the Secre* tary of War, dated Military District^ JVb. 1, /leadquar- terSf Boston, July Vhth^ ISli. From the exposed and un|>rntected situation of the military poi^t5 in this haiboar, and the seaboard of this state generally, and the threats tind daily depredations of the enemy, I have concluded it mv duty to exercise the authority vested in me by the President of the United States, by requesting the governor to order out a detach- ment of artillery and infantry. A copy of my letter to governor Strong, and of his ansv/er, are enclosed. No. 4. Copy of a letter from his excellency Caleb Strongs govern* or of the state of Massachusetts^ to general Dearborn^ dated A^orthampton^ July 1^, 181i. SIR, This morning I received your letter of the 8th instant. As you propose to communicate to general Brooks your views, concerning the particular destination ol the militia to be called out for the defence of the towns on the sea- coast of this state, I have written to him on the subject, , Your suggestion that the men should be detached, as far as may be, from the vicinity of the respective posts, 1 think is perfectly proper, and 1 have no doubt you will be able to make such arrangements with general Brooks as will be satisfactorv. No. 5. .^^ Comtnodore Bamhridge to Brigadier General Weltei JSTavtf yard, Charlestown, Jipril 6, 1814, DEAR SIR, Your politeness in consenting to receive signals frore the navy yard under my command, merits my thanks, anc may be of the highest importance to this useful establish ment, in consequence of which ( have the honour to en^ close you the code of signals, and avail myself of thi: opportunity to express the gratification I received on Sun day last, in witnessing the ready disposition of the Adju tant General of the Commonweahh, (General Brooks, of yourself, and the military under your command, to af ford aid in the defence of the frigate Constitution, sup posed to be in imminent danger. The great activity displayed on that occasion, prove that an attack cannot be made by the enemy with impuni ty, even to the out harbours of this part of our(:ountry. I am, dear sir, very respectfully, Your obedient servant, (Signed) WM. BAUVBaiDpE Tlie Hon, Gentral Welles, Boston, True copy. Attest, A. BRADFORD, Secretary oj Commorwueahh No. 6.. Commodore Bainbridge to Brigadier General Welles^ J^avy yard^ Charkstoxvn, April.%Oth, 181? DEAR SIR, I have the pleasure to acknowledge the receipt o yours of the 19th instant, enclosing to me a transcript o ou i brigade order issued to the troops under your command^ .he arrangement therein made, and the assurance in your etter of the support of three thousand effective men, are ;ruly gratifying to me, and claim my official acknowledg- ments; to which I beg leave to add my personal thanks, for the very handsome manner in which you have attend- ed to my request, and to offer my best wishes for your*- >:elf and the troops under your command. I have the honour to be, AVith great esteem, Your obedient servant, (Signed) WM. BAINBRID<^E; Brigadier General Welles^ Boston. ^ No. 7. Secretary cf the iN'avy to Cojnmodore Bainhridge, J^avy Department, Jpril %7th^ ISlti The proofs of zeal and alacrity to repel meditated tittacks of the enemy, evinced by the correspondence in- dosed in yours of the 20th,-* are extremely gratifying, and ensure the safety as well of the flourishing town on that seaboard, as of naval property, which the enemy is ■so desirous to destroy. I am, very respectfully, (Signed) WM. JONES. Commodore Wm. BainbridgCy commanding naval officer y Charlestoxvn^ Mass, * The correspondence b€t^yeen General Welles, of Boston, and Conx* jnodore Bjimbridge. MA No. 8, Governor Strong to Adjutant General Brooks, BostoUy June ±2th, 1814^ DEAR SIR, I have this moment received your letter, enclosing one from commodore Bainbridg to you, and am fully dis- posed to do every thing in my power to aid his views, in defending the town and navy yard, and the ships in the harbor, so far as my authority by the constitution warrants, and in the present case I see no difficulty in complying with his, or general Cushing's verbal request, which you stated to me yesterday, that a company of militia should be called out to guard the approach by Chelsea to the na- vy yard; and also, that in case of imminent danger of an attack, a requisite number of the militia be called to Forts Independence and >yarren, to be commanded by general Cushing, as he proposed, and to be discharged when the danger ceases. If the men are called for, in either case, it will be proper to have a written request from general Cushing or commodore Bainbridge, to prevent disputes hereafter. I am, 8?c. CALEB STRONG. General Brooke, No. 9. General Brooks to Commodore Bainbridgg, Mtdford'i June ±2th, 1814-. MY DEAR SIR, Your letter of this date I have received, and laid "|)efore his excellency the coipmander in chief; and I have this moment been instructed by him to call out a compJK ,52 ay of milltra to guard the approach to the navy yard by the way of Chelsea. Brigadier genera! Austin, of Charies- town, is charged with executing that order. The com^ mander in chief is fully disposed to do every thing in his power, to aid you in defending the navy yard and the ships in the harbor, which his authority by the constitu- tion warrants. I shall see you to-morrow, and make some farther communications on the subject of defence. lam with sentiments of great respect and esteem, My dear Sir, Your obedient servant, (Signed) J. BROOKS. Xe Commodore Wm» Bainhr'id^e* No. 10. Commodore Bainbrtdge^ to General John Broods. J^avy yard^ Charlestown, June l^th^ 1814. DEAR SIR, The force of the enemy in Boston bay, justifies ia my opinion, apprehensions of an attack being made oriir^ this place, and calls for united exertions to repel it. The important public property, entrusted to my charge within this establishment, might in such an event, suffer severely, and would in a considerable degree, ex« pose the towns of Boston and Charlestown; I therefore hope, that such mtasures will be directed, by his excel- lency the governor of the commonwealth of Massachu- setts, as shall guard against the threatening danger. 1 beg leave particularly to recommend, that orders be given to the militia, in this neighborhood, to hold themselves in readiness to act immediately on the alarm; that a guard with two pieces of artillery, be stationed eve- ry night, on this side of Chelsea bridge, to give the alarm, and repel the enemy, if advancing by that passage; and that a look out be kept on the heights, beyond Chelsea 33 meeting house, to watch the movements of the enemy, and to make them known if of moment, by a man on horseback, to carry the intelligence to the navy yard, &c. Should his excellency the governor, be pleased to di- rect, the foregoing arrangements to be made, it will con- tribute to the safety of the United States' property, with- in this navy yard. At bottom, are the signals, which will be made from this yard, in cases of alarm, when the assistance of five or six hundred of the militia, might prove of the utmon im- portance, to the preservation of the public stores, and the seventy four at this place. I am, dear sir, AVith sentiments of high esteem and respect. Your obedient servant, WILLIAM BAINBRIDGE. P. S. I will feel obliged, by your ordering the New England Guards, and their artillery to duty, withia this navy yard, every night, until Monday or Tuesday next. My only reason for preferring the New England Guards, is, that I am acquainted with the officers, and know many of the corpSi To General John Brooks* Signals. By day: Two guns fired in quick succession, and a red flag hoisted in the navy yard. By night: Three guns fired in quick succession, two lanthorns hoisted perpendicularly, and the navy yard bell rung as loud as possible. No. 11. Mtdford June 12th, 1814. SIK, Commodore Bainbridge, having -.; ;j'ied jor aid, in protecting and defending the navy yard. Sec, his excels- 84 lency the commander in chief, has seen fit to call out a company of miliiia, particularly to guard the avenue to that post, by Chelsea, and charges you with the execution of that duty. Perhaps it may be difficult for you to call out a full company to night; you will however, call on the commodore, and make the necessary arrangements, for a guard this evening, to be taken at your discretion, on a conference with the commodore, from any of the mili- tary corps in Charlestown. I am, very respectfully, Sir, your obedient servant, J. BROOKS. To Brigadier General J^athaniel Austin, No. 12. J\*avy ifardy ChariestowHy September 5,lS14f* DEAR SIR, As I feel extremely anxious, in these perilous times, when our country is menaced both north and south, by a powerful enemy, to know what security can be calculated upon in this quarter of our country 1 am induced to ask the favor of you, to communicate to me as far as is con- sistent with your official duty, and the propriety of my request, the measures that are adopted by the comman- der in chief of this commonwealth, for the defence of this port and the vicinity. I beg leave to assure you, that every means within my naval command, has been prepared and will be erected, for the defence both of the public and private property, against any attack the enemy may make. Permit me to assure you, that I shall receive with the utmost respect, and keep with proper secrecy, the informatior^ of the ar- rangements that may be making by you Without the least disposition to dictate, I respectfully suggest the immediaU. embodying and drilling a respectable force of the militia, to be stationed in different quarters in the vi- cinity of Boston; to place vedettes, to prevent the possibil* 35 ity oi surprise: batteries on Dorchester Heights and Noddle's Island, and breast works thrown up on North Battery wharf, Mays and Long wharf. Those precautions, would in all probability, prevent an attack, and if it did not, would enable us to make an ho- norable resistance. Allow me, my dear general, to say, that if the militia is not embodied in the field, I should much fear the work of destruction would be over, before they could rendezvous to oppose; for four or six hours, would be all the time, the enemy would require. I am confident your friendship for me, will induce you to ex- cuse, any impropriety in this communication, should any therein exist, I should verbally communicate with you, had not indisposition prevented it. With sentiments of real regard, and very great respect, I am dear sir, your obedient servant, (Signed) WILLIAM BAINBRIDGE, The hon, John Braoks, Jludj, Gen. of the commonwealth of Masi>achusetU ^ \ true copy ris on file in this office, E. MATTOON, Adjutant General. No. 13. Commodore Bainhridge to W, H. Sumner^ esq, BoitoUy December 19, 1816» DEAR SIR, ' ' In answer to your inquiries, I beg leave to refer -^ou to my several communications of the following dates; Of April 6, 181*, letter to Brig. Gen. Welles 20, - - to same - to same - to Adj. Gen. Brooks - to Brig. Gen. Welles - to Adj. Gen. Brooks - to Capt. Geo Sullivan, of the N. En^ Guards - to Adi. Gen. Brooks May 2, June 8, 12, 1.S, 23, -{?pnn • T S6 In the communications referred to, there will be found the measures I recommended for the defence of public and private property at this place, and my solicitations for actual assistance for the special protection of the pro- perty at the navy yard at Charlestown, which is particu- larly expressed in my letter of the 13th of June, 18 14^, which was complied with. Some days after my letter of the 6th September, 1814,, adjutant general Brooks waited on me, and communicat- ed the arrangements which had been adopted, by the pub- lic authorities of the commonwealth of Massachusetts, to repel the enemy in the event of an attack made on Boston or its vicinity. During my arduous command at the navy yard at Charlestown, I saw many perplexing and %'exatious things to thwart the measures of defence of this post, until late in the autumn of 1814; but I always found in adjutant general Brooks a most ready disposi- tion to co-operate with me, for the defence of public and private property, as far as was within his means so to do; and the same disposition was strongly manifested by bri- gadier general Welles, and the military under his com- mand. lam, dear Sir, With esteem and respect, Your obedient servant, WM. bainbridge;. No. 14. General King to General Brooks. BathyJune27, 1814. SIR, Your letters under date the 23d inst. are now be- fore me. ISo more of the militia have been retained in service than is necessary to guurd the various points and narrow passes on our rivers. When we were first alarm- ed, some of the companies were ordered into the forts which were almost destitute of men, pvcj,uming t.hey would be more useful there, than in any other situation. 37 But as I had no instructions that would authorize mc to place them under the command of any officer of the United States. They weie, therefore, when in these forts, under the command of their own officers. It is so manifestly improper that in the same fort, there should be officers acting independently of each other, that unless it is the intention of the Government of the United States, immediately to place the necessary num- ber of men in the forts at Georgetown, Edgecomb, and Damariscotta, the most acceptable service they can render the people on these rivers, is to withdraw what troops they have, as interested individuals could do more voluntarily, than there is now done by the United States, and these persons would act at least in concert with the militia. There is now on tliese rivers, more than 40,000 tons of shipping. The owners have com- menced moving their vessels up the rivers, when this is effected the number of the militia out can be reduced. But the least number that now will satisfy the people, is one company for the various passes on the Kennebec, one on the Damariscotta, Bristol and Boothbay, and one at Wiscasset, and on the Sheepscut. To the latter place the force will be so mucli less than is expected, that in my order to general Payson, I shall permit him to exercise a discretion to let two companies remain un- til I obtain an answer to my letter of the 24, which is their object; they would every day ^tt from them the most correct information as relates to the state of preparation at the above places. This must either be submitted to, or there must be at least two companies out at Booth bay. The latter I have con- sidered the most correct course to be pursued, and have at the request of the select men and agistrates, ordered a company in addition to one company from Booth bay to that post, as long as the frigate or any other ship of that size remains there; or until the plea- sure of the commander in chief shall be made known to 41 me, which I hope to he advised of hy the rcturrs of tlie mail. Four companies whicii were on i\n\y u»uler the general order of 1812, having* been out under orders from the commanding officers of companies, I have or- dered to be discharged, as soon as the two compaiiies are on duty, which I think will be the case tills day. The men on duty at this time, and who have been de- tached by my orders, consist of one company for titc Kennebec, and the back rivei- leading to it: One compa- ny at Damarriscotta and Bristol : One coinpiiny wliich was intended forflie Sheepscut,andtl!eback iiver leading to Wiscasseft, and whilii has been ordered to Bootii bay ; 20 men each from Footc's and Thatcher's re^^iment, to guard the frontiers of tiiose regiments. Tiic place of the company ordered to Booth bay, is now suj)plied from the militia near the posts for a few da^^s; pre- suming that it v/ill not be necessary for t!ie detached campany ordered to Booth bay, to remain there but a short time, when they will do the duty intended for them. Having stated tlie number of troops which have been ordered out from my division, I hope to be advised as soon as convenient, whetlier tlie arrangements is a])- proved, or in what particular it shall be varied I have no objections to taking upon myself on this occasion a full share of responsibility for the time necessary to advise the commander in chief of whatever is done, w^hich is as much I presume as can be expected fi'oni any subordinate officer; not Iiaving received answers to my last letters, which I have some time expi\^ted, is tiic reason why I consider it necessai'y to name this at the present time. Our guard discovered the enemies barges near Goose- rock, at the entrance of the back river, leading to thi j place, on Sunday morning, the 3d ins. after exchang- ing a few shot, the barges sheared off, which is the last I have heard of them. I presume that the towns on tlie sea board of this divisiim. have generally, through their select men, requested a supply of munitions of war in addition to their usual quantity; which request I should consider was reasonable at this time, as from 42 tlie frequent attacks of the enemy in their harges and Jaunches, a very lare^e quantity is expended* Will it not be well to have some officer or officers instructed by the commander in chief to order the munitions of war furnished Such towns as have not expended them, or a part of them, to such as have exhausted their stock or nearly so ? This has become already necegsary in rc- hition to Booth bay. I am. Sir, respectfully. Your obedient servant, WM. KINQ. To the Hon. John Brooks, Jdj, Gen, Bostop,, No. 17. Commonwealth of Massachusetts. GENERAL ORDERS. Head Quarter s, Boston^ Sej). 6, 1314. The war between the United States and Great Bi'i- (ain, havinu: lately become more destructive, in conse- qiience of violations of our territory by the forces of the enemy, which continue to menance our cities and villa- ges, tiie shipping in our harbors and private property on shore ; his excellency the commander in chief or- ders, the wliole of the militia to hold themselves in readiness to march at a moments warning ^ with arujs, ammunition, and accoutrements, as the laws of the United States, and of this state, require. Every man must be likewise provided with a good l^napsack and blanket. Captains of companies must realize it to h» one of their most solemn and imperious duties, to see the law respecting arms and equipments efficaciously executed. But the commander in chief relies on the concurring aid of aU the general and field officers, in 43 - encouraging the company officers in the discharge of tlieir duty. The major generals and commanding ofti- cers of divisions, will give the necessary orders for an immediate iasptction of their several regiments by com- panies. Every instance of deficiency of arms or equip- ments should be forthwith supplied by the delinquent individual, or by the town to which he may belaug, agreeably to the requirements of the mili^^ia law* The officers commanding regiments, battalions and companies of artillery will pay special attention at this interestmg moment to the state of their field pieces, their carriages, and trumbrils ; and sec that every thing appertaining to them is in the most perfect order for marching and for action ; and particularly that suita- ble horses are always engaged and ready at any mo- ment to be attached to their pieces, that they may be moved to any point required, with celerity. All the companies of artillery now to be called into immediate service, besides the requisite supplies of fixed and other ammunition, will be furnished by the quarter-master- general with prolonges and bricoles. The legislature of this state, always proud of its militia, has been particu- larly liberal in its artillery establishment. And the commander in chief promises himself, that, emulating the brilliant example of Knox and his heroic associates in the artillery of the revolution, they will be equally distinguished for their discipline as soldiers, and for their gallantry in the field. Under possible events the cavalry of the several di- visions, may be in requisition. Every motive, there- |, forefore, of love of country, of honor and sympathy for their fellow citizens who may be suffering the perils of war, will prompt them to maintain the most perfect state of preparation and to move, when called to tiie • scene of action, with all the rapidity of which cavalry is susceptible. The general officers, and the field offi- cers of cavalry, as well as the company officers, will direct their attention to the quality of the horses, and suffii'r no man to be mounted but upon ahorse sound and fit for actual service. A few bad horses may occasion irretrievable disaster. 44 TIjc caiuir.ander in cinef having thus called the atten- tion of iili olijccj's and soldiers of the militia to the ob- servance- of tiiPir several duties to tliis eventful crisis* the more cfTv^ctiinllj to meetimpendinjs; danger: Orders, that alt the flank rompiinies, vvliether of light infantry, grena- diers or riOemen, of the 1st and 2d brigades of the 1st division ; two com])anies, viz. the one at Andover, and the otiirr at Haverhill, of the 2x\ division; all the com- panies of the .Sd division, excepting the two companies in C'>nrKston; four companies of the 4th division; five companies of tljc 5th division; eight companies of the 7th division ; and two companies of the 9th division, do im- nicdJatcly march to the town of Boston, unless (in the mean time) otherwise directed. Each company will inarch to its place of destination by itself without wait- ing for any other corps. rhose companies when assembled, will be arranged into regiments or otherwise, as circumstances may dic- tate, and with the addition of twelve companies of ar- tillery, will form the elite, or advr ^ce corps of the Mas- sacJiusetts militia. The field officers to command the irginients, and a general officer to command the whole, will hereafter be designated in general orders. The seves'id companies of artillery to be annexed to the ad- vance corps, will be famished by the follovving divisions, viz : Two companies from the 1st brigade, and one coaii'aay from th^ 2r] brigade of the 3d division; four companies from the 4th division ; one company from the 5th division ; and four companies from the 7th division. Be«in!\s the abovementioned companies, the comman- der in chief orders a detachment of sixteen companies of infantry to be iaimediateiy made from the *th division, |)roi>?r]y officered and arranged into two regiments, whicli will march to Boston without the least unnecessa- ry delay. Major general Mattoon is charged with the arrangement of the regiments. From the 9ti: divisjion the commander in chief orders eight companies of infantry to be det?.ched properly offi- cered. IVvrmed into a regiment, and marched to Boston. Major-General Mattoox and Whitox will assign 45 lield officers for the troops to be detached from their respective divisions ; and the commander in chief re- lies on their experience and zeal to carry their order into the most prompt and energetic effect. As soon as the troops shall commence their march, each major- general will give notice of it to the adjutant general. All the troops must be well armed, accoutred and equipped, and provided with ammunition, provisions, knapsacks and blankets as tlie law require^s. The men will be supplied with rations when they arrive at the place of destination, and will receive pay from the time of their being embodied. The security of the town and harbor of Boston being an object of primary importance, the commander in chief, while he wishes to direct the principal energies of the state to the attainment of this end, is solicitous to' render the militia of Boston itself as efficient as possible. With this view he orders, the infantry of the 3d brigade of the 1st division, commanded by brig, gen, Welles, to be called out by r'^giments in rotation, two days suc- cessively, for the purpose of improving their discip- line already respectable, and of enabling them to practice the higher duties of the field. This order is committed to brig. gen. Welles, whose knowledge in tactics, and ani- mated zeal in the service of his country, must ensure to his exertions the highest effect. The order will be continued in operation until revoked. The flank companies ol this brigade will be reserved for other service. p The troops called into actual service by this ordere will serve three months after they arrive at their ultio mate rendezvous, unless sooner discharged. 2I / By his excellency's commandf (Signed) J. BROOKS. Mj, Gen, c r< » c No. 18. 1 General King, to General Brooks, ' Bathy September 5, 1814 SIR, I I obtained the information of the enemies landinL^ at Castine and Belfast, on my way to this place, I fin< 46 the people here expect something done for their further defen(;e; £ shall order out from general Cobb^s brigade, three companies to do dut^ on tbe Kennebeck until the pleasure of the commander in chief is known, or until I obtain more correct information in relation to the views of the enemy. I shall leave for Wiscassett this day, and as f am at present advised, shall oiHler to that place three companies also, and one company out of Damariscotta. I shall proceed on immediately to Gamdert arid there make such arrangement for the defence of what may be now considered a part of our eastern frontier as oil en- quiry may be necessary. As general Blake will be much engaged on the Penobscot river. I shall have such a force near Belfast as will be able to drive the enemy from that place in a few days; and hope to have some advice on this, as well as the other movements by return of ma41> I shall write you again from' Camden. And in the mean time remain respectfully. Your obedient servant, (Signed) WM. KING. To the Hon* J, BrookSf A true copy of the original on file Attest, JOS. H. PEIRCET, No. 19 General Dearhoniy to Gov, Stroiig, Head Quarters, MiU Bistrict, JVo. I, ] Boston, Sep, 4, 1814. A Having received information of the enemy's ba- ring taken possession of Castine with a formidable force, t is not improbable that his views- may extend to our rincipal towns on the sea-coast from Penobscot to this flace. I therefore deem it my duty to request your ex- ret lency to order out, for the service of the United States, l\o thousand infantry and 200 artillery, exclusive 0f 47 t-iiC town of Boston, for tlie defence of this harboiv town, and vicinity; and 200 infantry, and fifty artillery from Kittery, Berwick, and York, to aid in the defence of the harbor and the pnhlic ships in the harbor of Portsmouth; and also 1000 infantry, and 100 artillery for the defence of Portland and its immediate vicinity; and likewise IGOO infantry, with 100 artillery for the defence of the sea- board, between Kennebec and Penobscot rivers. The number of officers, non-commissioned officers, &c. I will particttilarly detail to gen. Brooks, the adjutant general, and also the place and places of rendezvous. 1 am Sir, with the highest respect. Your obedient servant, H. DEARBORN, The foregoing have been compared with the originals, and found correctly copied. H. BRADFORD, Sec, of Com. Secretary's office^ Oct 13, 1814. No. 20. Gov. Strong, to Col. TF, II. Sumner. Boston, September 10, 1814^ SIR, As the commissioners for military defence have ap pointed you their agent to repair to the District of Maine and to assist in providing every practicable means o defence, for that part of the vState, I will suggest suci circumstances, in relation to that subject, as have oc cured to me. The major generals, or commanders of divisions, ar authorised, in case of invasion, or eminent danger t it, to call out such part of the militia, as they may thin necessary, for the protection of such exposed towns. I forming a judgment, in cases of this kind, we hav ground to expect, that no man will be more impartial, a on the one hand, they will be solicitous to afford reasor able protection to the inhabitants on thp coast ; and o 48 tFi« other, will be unwilling to call the militia from their homes, except in cases of necessity. Hitherto, experi- ence has seemed to confirm that expectation, for so far as I have been informed, those officers have conducted with .i^reat prudence and discretion. As we can only conjecture what are the view^ of the enemy, and the state of things are continually changing, it is imp.jssibic to ascertain before hand, and at a distance, w hat mea- sures may be necessary; they must^ therefore, for the most part, be referrp'^ to the commanding officers of the militia, who are in the neighbourhood, and in whose jmlgment, I repose full confidence. You will confer with them, and such otiier officers, as you may judge proper, on the subject of defending the coast, and will give your aid for tlie march of detachments, or whole corps, for the defence of any post or place that may be deemiid to require support. Portland will deserve your first attention, unless you find, on your way thither, that Portsmouth is immedi- ately menaced, in wliich case, you will confer with gen- eral Ichabod Goodwin, and make the requisite arrange- ments with him, to meet the emergency before you pro- :ee(3 further. The several major generals will commu- licate to you, their orders under which they now act ; vhich, with the instructions you will receive from the commissioners, and your knowledge of my ideas on the ubject of defence, generally, will assist you in guiding 'our judgment. I observe that the people of Portland have proposed, hat the militia to be called out, sliall be put under the ommand of general Chandler. If the militia are satis- ied with that arrangement, I shall make no objection to t The United States, I presume, have made contracts ir the supply of the troops, called into service, in the istrict of Maine; and it is desirable, tiiat the militia ^ho may be now on duty, should be supplied in that way. I wish you to inform me, or the commissioners, of whatever may appear to you of importance. I am, with sincere regard, your obedient servant* CALEB STRONG. Col. Wm. H, Sumner. 4.f> No. 21, Eastern sjih wilitary liislridf Head qvarters, ForilamU Sep. 18, ISli. SIR, I have received yonr note of this days ihW — I wrote yesterday to g-en. King, niativo to a nifilurv force for the defence of Georojetown arrd tlie prists cast of that place; yon will be able to learn from him, my views on this subject. Very respectfully, your obedient servant JOHN CHANDLKK. Col, TFm, H. Sumner, i9, D. C, to governor Strong, No. 22. Gen, Clmmller, to Gen, King, Eastern sub military district, Head quarters, Portland, Sep, IS, ISli?. SIR, Do yon consider it absolutely necessary, to keep constantly in service, at Georgetown, Wiscasset, or any of the posts, east of those places, a larger force than is suflicientto garrison the forts? If you do, I v/ill thank you to inform me what number you should deem necessary, and I will write immediately to gen. Dearborn or) the subject In the mean time, should col. Sumner, aid to governor Strong, arrive at Bath, and conclude to place . under my command, (as he appears to be authorized to) in the service of the United States, a body of militia, (which, I think, from some interrogations he applied to me, the other day, be probably will do,) not exceeding two battalions, 1 will consider them in tbe service of the 50 United States, until the decision of the comnianding general of military district No. 1, siall he k^mwn on tht suhjoct; and 1 have no douht, but that they will be continntd in service, until the season is so far advanced, as to render tlieir services unnecessftry. I will thank you to give me your opinion on these subjects, with as much promptness, as you can conveniently, whether col. Sumner visits you or not. Should a larger number of militia be received into the service of the United States, than is necessary to garri- son the forts, you readily perceive the propriety of their he forts; at the same time to have them quartered, in such a manner, as to render the greatest possible aid t > the forts. The troops that have been sometime in the forts, are better prepared to defend them, than new troops ; it will not therefore, be expected, that nmy change will he made, relative to the command of the garrison, without my order. The troops received into tlie United States service, must he mustered and inspected. Very respe( tfully your obedient servant, JOHN CHANDLER. rMa ior gc ncral King, No. 23. WiscasseU September idtJh 1814?^ SIR, Having received a letter from General King re* questing it, I left Portland yesterday for Bath. The arrangements for the defence of Portland, which were suggested to vou in my last were completed. In order to keep ti suflicient reserve, I was obliged to consent that a part of the detachment of eleven hundred men to be placed under the United States authority, should 51 betaken from general M< Vlillan's brij^adc. Consider' ing the strong force of general GoaUwin's division, aniJ the great probability that M*MiIlan's brigade, never will be called for by him ; and if tltcy were, are at so great a distance that they would not arrive in time to be useful, and as they were tlie principal part of them here, having marched some of them one liundred and sixty miles from Sandy-river ; I hope this part of the arrangements will meet your approbation. The detachment will be made seven hundred and fiftj^ from generals Turner and McMillan's brigades, and three hundred and fifty from general Richardson's di- vision, principally taken from colonel Foxcraft's regi- ment ; and the detachment w ill be arranged upon the principle of your orders of July iSth, 181i, and will be under the command of colonel Foxcraft, who will have untler him a proper proportion of olHccrs, in addi- tion to the eleven hundred rank and file. There will, therefore, be four humlred men, of the United States* troops, of a former detachment of the militia ; eleven hundred to be detached for forty days (unless sooner discharged by the president of the United States) the whole under the command of general Chandler; toge- ther with five hundred men of the militia and volunteer corps well disciplined for militia, under the command of colonel Nichols in the town of Portland, formiag a body of two thousand men, on the spot for its defence. Ge- neral Richardson's reserve of two thousend men, con-- sisting of the militia within twenty miles distance can be all there in twenty-four, and half of them in six hours. To preserve the discipline and numbers of the- Portland rigiment, they are to be drilled once a weekjr and general Richardson will also retain the whole or a part of a company of cavalry to act as videts, and will remain at Portland himself to call in the reserve in cass of necesssity. Major Weeks is to have a distinct command in fort Burroughs, which I have agreed general Chandler should take possession of, till the majors time of service expires, (unless it is requested by government in the mean time,> for that purpose., and to him, vull also be rommitted the 52 rlrarge of the state stores, in that fort which for a long time, belorc he was detached, had be«'n committed to Ms care. With tliis arrans^ement, ( I have great pleasure in givin,!^ you the information) there appears to be the t^Tcatcst satisfaction, both among the defenders and the ik iVnded, the economists and the alarmists. The town with this force, ought to be safe. It is bow- evei' far from being the case. It has at tlie entrance into the harbour two United States embargo forts or batteries. Fort Preble of fourtecen eighteen pounders, and some sm::Jler ones is on a point of land from Cape Elizabeth. Fort Scammel is opposite it on a small island across the chaimel three quarters of a mile, open and unprotected in its rear ; though some defences are now throwing up. But outside of those forts, is Bang's Island with a fine piotected place for landing men ; and two eighteen pounders on that island could drive every man out of fort Scammel ; and fort Scammel commands fort Preble. After the fall of these forts, the enemies ships might anclior in the harbour, subject to the annoyance of fort Burroughs, new fort, and some other small batteries- The ships and vessels are all hauled up above the bridge ; and are prepared to be sunk and all valtjable property is removed from the town and the houses stript of their furniture ; if the enemy should succeed in capturing the forts, they might cnter'the town, burn, sink and destroy the property but would get no prizes. Against a sudden attack the committee have taken great pains to guard. They have telegraphic communications, fifty miles west, and east to Peniaquid point in the town of Bristol, wliich gives signals of the approach of a privateer, or a fleet by day, and tar barrels or beacons to give the alarm by night ; and these are so situated also, as to be seen by the surrounding country, which is to forward its militia without further notice. The cartridges brought by the militia, from the country were bad, hav- ing been either too long made up, or, if new, were made from their towns stock of powder, which in the country is 'laid in at the cheapest rate. These have all been broken rrp, and new ones fitted to the bores of their muskets of 53 proof powder furnished them. I found the committee liad judiciously provided quarters and rations for the troops, and they will continue to supply them till the de- tachment is made. After which, general Richardson has agreed to finish a contract for supplying the Videts, and 3uch others as may be called in, with a responsible person ; wlio had made reasonble proposals. His politeness in this particular enabled me forthwith to comply with general King's request, and I arrived at Bath on sunday evening. The selectmen of Freeport inet me, by assignment, on my way through the town, and I gave them an order to buy 100 pounds of cannon powder in Portland, (they not having had the last year's supply for their artillery,) ten sticks of port fire, and 300 weight of grape, they having alreskdy a supply of round shot, both of which are made arid sold at the Brunswick manufactory. General King agreed to meet me this forenoon at gen* Scwall's quarters in this place. From them I learn that ft'Oni gen. King's division, there is one regiment sta- tioned at Georgetown, engaged in building a fort, two at Bath, and three at Wiscasset. This disposition was made by general King, without a knowledge of general Sevvall's intent. While general King was at Bath, the committee of safety of Wiscasset, wrote a pressing letter to general Sewall, requesting a thousand men. Upon consultation with his friends, he immediately marched his nearest reg- iments ; some of the companies in which, were notified in tlie afternoon, and the next morning at 8 o'clock were in Wiscasset, having in the mean time, equipped them- selves and marched a distance of 21 miles. This is the most remarkable instance of expedition I have known ; but the whole country, is animated with the same spirit, and march with the most zealous alacrity. The river companies, having marched away, the inhabitants tlien became alarmed, and general Sewall not knowing the extent of the danger at Wiscasset, ordered out all the rest of the division except one regiment, and they are now encamped on the banks of the Kennebec, awaiting orders. The troops of both these divisions are supplied by the selectmen of tlieJ!- respective towns. We have dismissed one of general King^s regiment this evening ; and all agree that further reductions are necessary, which will be carried into effect immediately, and of which I shall advise you. I have some hopes also of getting general Chandler to supply a detachment both for this place and Bath, if they are placed in the Lnited States service, to which there appears to be no objec- tion* The militia in this country is better armed and drilled than I supposed. This afternoon a fine battalion of ar- tillery, two or three corps of light infantry from Hallo- well and Augusta, and (me company of riflemen from Gardner, as well dirssed and equipped, and which march as well, as the Boston flank companies, have passed by my windows. I have witnessed their manoeu- vres with the greatest surprise and pleasure. The quantity of powder and cartridges here is very insuffi- cient, and tlie cartridges on hand very bad. They must all be broken up, and new ones furnislted. Arms are continually applied for, and it would be well for the quarter-master to send forward a large quantity of cartridges, powder, port fire, tubes, &c. to some place in this district, to my order, and muskets if they are to be liad. Since the enemies fleet sailed from Owl's head, at which time general king says they had 2000 troops on board, they liave not been heard of. Sixteen hundred rations are daily delivered out at Castine, and great supplies of cattle are furnished them froni the Kennebec. General Sewall stopped one drove. — General King says five hundred men will prevent it, and also prevent their excursions up the river. I shall hope for instructions on this head, if my concerns are important enough to receive your attention. Letters directed to me at any of the post oflices where I have been, will reach me ; and I shall wait here for orders before I proceed to the Pen- obscot, liaving enough to engage my attention for some days. I send you some papers furnished me from Brewer, and a representation signed by two gentlemen, who have wait'd on me, which I request may be given to liis excellency the governor. My apology for not hav- 55 iug addressed them to him is that my commtmications would be merely a repetition of those to >ou, v.hii is nre I fear so much in detail that you do not answer, be- cause you can hardly find time to read them, I have the honor to be. Sir, your most obedient and very humble servant, W. H. SUMNER. Hon, J, Brooks, Esq. No. 24. Gen. King, to Gen. Chandler. Wiscasset, September 19, ISli. SIR, Your letter under date the 18tb instant, is now before me, you ask, if I consider it necessary to keep in service at Georgetown, Wiscasset &c. a larger force tlian is sufficient to garrison the forts. I answer that we have not a fort in this section of the country. That our batteries are calculated for defence against vessels only, and tbat in most of the cases they would be taken by about an equal number of land forces, land- ing in their rear. The batteries themselves are to be defended only by land troops, and this will re- quire I fear more than we shall be able to obtain — ^, I have had a consultation with general Bewail and colonel Sumner on this subject, and as far as I have been able to ascertain their opinions one thousand men is considered necessar}/ at this place, and eight hundred at Bath and Greorgetown, exclusive of a few A?ig'ista troops and a former detailment. The men will be most- ly taken from general Sewall's division and they will be I am confident ordered out, and paid by the State, if the United States declines doing it, which I hope, will not he the caae. The economy of the general e^ovf^rn- meot has already cost us nearly half of the distnrt and if it is coniinued without state interference, sir John Sherbrookft will have the whole before winter sets in. 56 I am ificlined to think the nuimber named by general Sewall and colonel Sumner, is short of what is neces- sary ; but we would begin with them. There will not be the least difficulty in relation to the officers, now commanding the batteries continuin.e: to command as they certainly should do. The troops to be ordered out, will I trust occupy positions much stron ger and better capable for defence and will I trust, be able to defend the batteries. (Signed) WILLIAM KING. No. 25. Mxtract of a Letter from Colonel Sumner, to General Brook's, Adjutant General, Sep, 22, 1814. The day I left Portland I requested by note to gene- ral Chandler, information from him, whether he con- sidered any port east of that as requiring defence and whether if troops were ordered out for the defence of them he would pay and supply them at the United States expense. This in a conversation before he said he thought would be done, if ai^ officer of rank which he should send with me if possible, or general King, who otherwise he would write to on the subject, should think any troops necessary for the defence of the eastern part of the district. On my arrival at Bath general King informed me that he had received no communication fiom general Chandler ; though general Dearborn had writ- ten him that he had requested 1000 infantry and 100 artillery for the defence of the country east of Portland. As general Chandler had no information on this point, he sent him a copy of general Dearborn's letter ; the same day he received from general Chandler a letter stating that if he thought it necessary to call for any troops for the defence of the country easj^of Portland, he would receive them, not exceeding two battalion^^ till general Dearborn's advice or orders respecting them should be received. 57 The objections to receiving such a detachment were, the insufficiency of it, the inability of the Inited fetates commissary here to furnish suitabl<^ rations, and tiic conditions annexed to it ; and lastly, if the United States organization was adoptt d, which we supptjsed wudd be expected, we should not have officers enougii for the ex- tensive frontier on which they might be stationed. We proceeded in making a detachment of two regi- ments of infantry under two lieutenant colonels, and one company of artiUery from general Sewall's division, for the posts at Bath and Wise asset, and four compa- nies of infantry from General King, for other places as above. While thus engaged general King received a letter from general Chandler, informing hmi, that he was or- dered to take command at Portsmouth, and inclosing to him a copy of a letter, which (in tlie letter to general King) general Chandler said had been sent to me, but which has not come to hand requesting IIOO men to be ^ placed in the United States service, for the defence of the country between the |Cennebeck and the Penobscot. ^ The satisfaction which was generally expressed by ■the officers and men, at being placed under general » Chandler's command, and the desire that they might be ' so commanded if the committee of safety in that town, i as communicated to the governor before I left you, and afterwards expressed by them to me, were the principal reasons which induced me according to my instructions to order the troops detached for that post mto the ser- vice of the United States. Scarcely had the detach- ment been made, (and I do not know that general Richardson had yet completed it) before general Chandler is ordered from that post to another, tljru commanded by colonel Walbach, an officer more inteiji- ;^ent than any one I know in the United States service, and where general Chandler will be entirely useless. What reason could there have been for such a c'mnge ? I wrote yesterday to major Cony requesting a tan of powder for this place and Bath. That will be quite an insufficient quantity if these places are attacked. The artillery is badly supplied; captain Perry who has abaut 58 lour tons, belonging to the United States says he cannot sell or lend it; but if there should be an attack Trea- ting a necessity f in reply to my observations, will confer a favor on Your very humble servant, H. DEARBORN. Major generalJohn Brooks, Mjutant general of the State of Massacfmsetts-^ No. 28. Gen. H. Dearborn to Major General Brooks, Boston, September 6th 1814. Sin, Will you permit me to suggest to you tlie pro- priety of your proposing to his excellency the expedi- ency of having orders issued for placing the whole of the militia within twenty or thirty miles of the seashore on the alert and in perfect readiness for marching on Oie shortest notice, arid having suitable signals establish- ed for giving notice, turning out and being ready to march. We ought not under present circumstances to neglect any practicable measures for adding to our means of defence. I am sir, your obedient humble servant, H. DEARBORN. Major General Brooks. A true copy from the original on file, Attest, JOSEPH H. PEiftCE. } \ 61 No. 29. General Dearborn to Captain Hull. Extract of a letter from General Dearborn, to Capt HulU Commander of the United States JS^avij Yard, at Ports- mouth, J\*ew Hampshire, dated at Military District JVb. I. Head quarters, Boston, September ±Oth, 181*. I understand, that the major generals of the militia, have received orders from the governor to turn out any number of their respective divisions, that they may deem necessary. I Would, therefore, suggest to you the expediency of calling on major general Goodwin of Berwick, for such a number of his division, as you may deem necessary, by Slating to liim t!ie imminent danger, that the public and private property in that vicinity (is in) if the enemy ^ should effect a landing at York or Kittery, and request- ing him to afford the aid you may propose, to be posted on, or near the sea shore, near the most probable places for troops to land, and to throw upon the most suitable, scites, some, temporary breast works. It is at present, very inconvenient for me to leave this place. > I am, Sir, ^ Very respectfully, Your obedient servant, 'I (Signed) H. DEARBORN. ^t Capt» Isaac Hull. k- No. 30. Gen, Brooks to Gov. Strong* * Boston, October ist, 1814. SIR, In the month of May last, I held a conversation ^t 7 6^ with brigadier general Gushing, at that time the superin- tendent of military district No. 1 : on the subject of a de» tachment of militia being called out by youe excellency, and placed under his command, for the defence of the sea coast, and particularly of this town, and the forrs in the liarbour. In this cor»versation, he stated to me the incompetency of Uie United States troops, for manning ev^n one of those fortresses; and expressed great solici- tude, to have such a number of men furnished him bytlie fitate, as to secure the forts under his care from surprise. The general at the same interview observed, that he was fully sensible of the feelings of the militia officers in be- ing placed under the command of the United States offi-- cersr But to obviate that difficulty as far as was in his pow- er, he added that, in case of an attack or alarm he should immediately repair to oiie of the foi'ts himself, and that the other fort, should be committed to the defence of the militia, which should be subject to the command of no officer of the United States army, but himself. In another conversation with general Gushing some little time afterwards, the same ideas were expressed. With entire respect, I have the honor to be. Sir, your excellency's most > obedient servant. (Signed) J. BROOK'S. \ltis Excellency Caleb Strong, No. 51. Extract of a letter from Col. Sumner, to the Adjutant Gen- ^ eralf dated at Portland, Sep. 25, 1814. SIR, In my letter of the i9th inst. informing you of the arrangements made for the defence of Portland, I observed, that they were such, as gave tlie greatest sa- tisfaction. This was so generaJ, that I was not acquaint- 63 cd with a single person, who had any objection to it, I did no^ hesitate, therefore, to leave with general Rich- ardson a direction, when his detachment was completed, to place it in the servic of the United States. And that quarters and rations should be prepared by them, to be delivered to the troops ; I wrote to brigadier general Chandler, informing him, that major general Ricl^p.rd- son is now making a detachment from tlie militia often hundred infantry, and one hundred artillerv, <^xrl sive of officers, which when completed, will be placed by him in the service of the United States, for the defence of Portland, according to the request made therefor • by of- ficers, acting by virtue of the authority of the president of the United States, for forty days, unless, befcre such detachment is completed, different instructions shrill be received by him, from his excellency, the commander in chief. I went yesterday to Hallow^ll and Agusta, with gen- eral Sewall. At 12 o'clock last night, at Gardiner, I received by express from major general Richardson, a letter of which the following is a copy. Portland, Sep, 24, 181*. SIR, Serious and alarming difficulties have ariseji, since you left this place, in consequence of the order, to place the officers and men under general Cljandier. Many of the most respectable offirers declare, they will lose their commissionn, before they will submit to wljat tliey call a conscription. Tlie same feelings are preva- lent among the men. One company marched off on Wednesday ; some were persuadi^d to return, and some brought hack by force; but two escaped. Another dif- ficulty, in executing the arrangements, has arisen ; hri- gadier general Chandler has been ordered to command at Portsmouth, and left this place yesterday. Lieut, col. Starlis is now in command. Under these circumstances, I have directed the de- tachment to report to me, and shall not deliver it over to United States officers, until further instructed. Your 64 presence, appears to me, indispensably necessary ; when I see you, I will enter into detail. I am very respectfully, sir, your obedient servant, ALFORD RICHARDSON, Maj. Gen. CoL W. H. Sumner, After requesting general King by letter, to excuse me, for not meeting him according to agreement at Bath, I left Gardner, and upon my arrival here, this afternoon, found such a spirit of disaffection in the Oxford detach- ment from general Hubbard's division, arising from an expected order, for placing them in the United States service, tliat if the order was issued, it would probably render it necessary for us, to call in a part of genera! Richardson's division, to compel its execution. Having received advice yesterday, that seven transports, with 1000 troops on board, from Castine joined the squadron off Owls Head, on Thursday evening, (and w liich w ere also seen there on Friday morning) I had serious ap- prehensions, that the fleet, now composed of fifteen sail of transports, with from 2700 to 3000 troops on board, might strike a destructive blow, upon tliis place, before order could be restored. Independently of other consi- derations, and agreeably to the wish of the committee of safety, which I immediately convened and consulted ; I requested general Richardson to continue the troops un- [ler his own orders, and to take the command of them 'limself. It became absolutely necessary for general Richardson, to command, as lieut. col. Ryerson, who wsLS detailed for the command of the detachment, [and not colonel Foxcroft, who it was supposed would J lave been) is qualified for fatigue duty only. You perceive, that my letter informing general Chand- er of our intent, to make a detachment, also notifies lim, of general Richardson's order, to place it under lis command, v hen made, unless, before such detach- nent is made, different instructions should be received »y him, from his excellency the commander in chief. If the present course is approved of by his excellency he governor, I will thank you by the next mail, to for- i 65 ward to .(general Richardson, his instructioiiR ; tlmt the United States officers on this station may iiavc as early notice as possible. SIR, No. 32. Gen. Dearhorn. to Gen, Brooks. Head (Inarters^ Boston^ Sejytember 2S, 4814. Your communication of this day lias heen d^dy received. In reply to your proposition, it v.iil be ne- cessary for me to observe, that the authority I poss-^ss for rcquestini^ and receiving detachments of militia for the service of the United States, directs their oig-aniza- tion, the principles of which are detailed, in my com- munication to you, on the 5th instant. I will readily receive in the service of the United States, the ISOO men you mentioned, provided, it is un- derstood, that they are to be organized agreeable to the principles I have alluded to ; and there will he no ob- jection on my part, to their being considered, after be- ing duly organized and mustered, in tlie service of the United States, from the day the detachment of 1800 was formed, excluding however, any supernumerary otRcers. Will you please to inform me whether I may expect a detachment for Portland, where their services are very necessary at this moment. I am sir, very respectfully, your obedient servant, H. DEARBON. JIaj, Gen, Brooks, Jtlj, Gen. ") of the state of Massachusetts, J 66 No. 33. General Peters to General Brooks, Jdjuiant Generals Office, Military District JVo, /. Head Quarters, Boston, 5th October, 1814. SIR, I am directed by major general Dearborn, to say to you, in answer to }y>ur communication of yes- terday, that tlie 1050 militia, detached for the defence of the coast from Kennebeck, to Penobscot, will be re- ceived into the service of the United States* The ge- nrral reserving the right to organize them into two battalions., one for Bath and the other for Wiscasset, (each battalion to be under command of a lieutenant co- lonel) in lieu of two regiments as proposed by you. I have the honor to be very respectfully. Your obedient servant, GEO. P. PETERS. •Assistant Jidjut, Gcju Hon. John Brooks Jidjut. Gen, of the State of Massachusetts* No. 34- Extract of a letter from Gen. Dearhon to Capt, Isaac Hull, dated, Military District JVb. /. Head Quarters, Boston, September 10, 1814. SIR, I understand that the major generals of the mi- litia, have received orders from the Governor to turn out any number of their respective divisions, that they may 67 deem necessary. I would tlierefore sugc^est to you the expediency of calling on major general Goodwin <»f Ber- wick, for such a number of his division, as > ou aiay deem necessary, by stating to him the imminent danger that the public and private property in that vicinity (is in) if the enemy sliould effect a landing at York or Kittesy, and requesting him to afford the aiil you may propose, to be posted on or near the sea shore, near tlie most pro- bable places for troops to land, and to throw up on the most suitable scites, some temporary breast works. It is at present very inconvenient for me to leave this place. No. 35. ^ Gen. Brooks, to Gen. Goodwin, Mjutant Generals OfficCf Boston, Sep. 22d, 1814. SIR, His excellency, the commander in chief orders, that you fortliwith detach from your division, and prin- cipally from the interior, two hundred infantry, and fifty artillerists properly officered, for the purpose of aiding in the defence of the harbor and public ships at Portsmouth. The enclosed order of council, of yester- day, will fully explain the ideas of the commander in chief, and of the council, upon that subject. As soon as the detachment shall be completed, you will order it to march to Portsmouth or perhaps more properly to fort M« Clary, and direct the commanding officer to re- port himself to col. Walback. The men should be well provided with arms and equipments, according to law — each ni*.n should carry with him a blanket. The de- tachment will be continued in service three months, unless sooner discharged. Respecting the calls, which have been made on you. 6^ from Biddci^iid and Saco, Arrundel and York; (£ am ittstsurtf or wliat number of arms will arrive from Springfield; but, I depend on an answer to my letter, by the next mail, and as soon as it arrives, I shall have the pleasure of giving you the earliest information. 1 have this moment, received a return of the 18. 24» and S^Z pound balls in the arsenal, some part of them will be required at the forts. On hand of 18 pound- ers 7b3f of 2* pounds 452, of 32 pounds 545, of six i'nd 12 pounds ther«^ is upwards of 6000. I think I may loan the state of 18 pounds 400, of 24 pounds 200. f 32 pounds 200 and if required 1000 six and 1000 twelve pounds, or more if necessary. 1 am Sir, your obedient Humble servant, H. DEARBORN. Cd, Ths, B, Perkins. No. 38 Major Gen. Dearborn to Col. Perkins. Boston, Sep. 27, 1814. SIR, Your friendly note, of this day, has been re* ceived, and duly appreciated. The enclosed memoran- dum, contains the kind and quantity of articles, I have it now in my power to loan the state. I presume the muskets, will be in town this evening, or to-morrow, at farthest. The ordnance is principally at Lexington, my son made a requision, this morning for one of the eight inch howitzers for a particular pur- pose, which I have ordered for him. I am, Sir, your obedient Humble servant, H. DEARBORN. Col. Ths, H. Perkins, T2 No. 39. Maj. Gen. Dearborn to CapU Tidlcut SIR, You will please to deliver, to general Davis, within mentioned, the articles within specified, — and take his receipt for the whole, to be returned when cal- led for. H. DEARBORN. Maj GentraU PapU Tallcut of the ordnance dept. Boston, Septemher 28, ±8i^» The 18 balls are at fort Independance, f Memorandum Enclosed. J 200,000 musket balls, 35 barrels musket powder in addition to 30 loaned at Wiscasset, 1 1 tons pig lead, 5 8 inch howitzers with carriages &c, 3 12 pounders light with carriages &c. and perhaps two others, 800 18 pound balls, 250 24 do. do. 250 32 do. do. and 600 muskets, 2 10 inch mortars without beds. No. 40. Commonwealth of Massachusetts, Council Chamber, September iOth, 1814. The committee appointed to enquire of the selectmen, and of the marine society of the town of Boston, their opinion respecting the expediency and utility of sinking hulks, or other obstruction in any part of Bostou laibour, for the purpose of impedliig' the anpioucj) f evietn y's vessels of war to the town ; and the fu^lity, aft^ r the danger has ceased, of removing such ^bst uctions? and of this rivsque of injury wMrh might arise lo the naviga- tion, and harbour of Boston there fr'>m ', and also, as to the most advantageous position, for tluir locution should it be deemed advisable to make them. Respectfully report. That they have attrntively con- sidered the subject committed to them, and hrive applied to the selectmen, and to tiie marine society, af tiie town of Boston from botli cf which resj)ecUible b ^lies they have received communications, which accompany the report, and from the tenor of that received from the ma- rine society, which they consider as partif ularly entitled to respect, and reliance, as well as from iuformati )n, de- rived from other and very respectable sources tiiey are induced to believe, that having hulks in reitdiu "ss, to sink when occasion may require it, \yill afford an im- portant security to tiie town and harbour of Boston, and the property in its vicinity, and they, therefore, advise that the commissioners, for the defence of the sea coast, be requested immediately to cause live strong hulks, to he purchased, prepared, and placed in a state of readi- ness, to be sunk in Boston harbour, when ever the emer- gency may call for it: and that the said commissioners advise with and avail of the services, and co-operation of Benjamin Weld esq. who has been desigtuited by the selectmen, and John Holland, Benjamin Ricii, Tristam Barnard, Seth Webber, Thomas Clements junr. i;nd Edw^ard Cruft esq, a committee ai)pointed by the marine , society, in the execution of the present order. And that the said commissioners, be also authoiizod, until other di- rections, to cause the said hulks, to be sunk at such time and in such positions, as they may deem most conducive to the public safety. All of which is respectfully sub- mitted. B. PICKMAN Jr. per order. In Council September 10, 1814, Read and accepted, BEN. WHITWELL, Dij, Sy. State. 74 No. 41. &en. Brooks to Capt. Mherton. Adjutant Generals Office, Boston, December 2th, 1813. sni, Your letter dated 20th instant was received on Tuesday last, and a copy of it forwarded to his excel- lency the commander in chief the next day, who must undoubted!!)' approve of the promptitude, with which you have obeyed his orders, and of your wishes to sup- po;'t tiie honor and the ri)*hts of Massachusetts. But yoii must be sensible of his great care, to avoid every cause of misundorstaniling and collision between the goveriimcnt of this state and that of the United fetates; and [ would take the libertv to observe, without how- ever havinj2^any instructions from the governor f »r so doing, til at besides the constitutional obligations of the general governuient to provide for the public defence, all tlie rights of war, excepting, th*^ right of immediate defenre in case of invasion, are vested exclusively in that government. It may be observed, likewise, that, if in time of war, a state has aright to raise troops, or to call out the militia into actual service, the legislature of ttiis state has passed no law, for that purpose. The nmst the legislature has done, respecting the employment of troops, extends, merely, to the calling out compe- tent guaitls, for the safety of the munitions of war, be- longing to the state. That a state may establish arse- nals, and be prepared at all points for defence, there can be no doubt ; nor can it be presumed, that the Uni- ted States can rightfully seize the military stores of a state, and convert them to their own use, without the consent of the state. It would be an act of violence, not to be justified upon any ground whatever. But I am not ready to admit, t!»at a state can establish a military post ef any kind, wliich the constitutional power of the national govern- ment will not pervade and controL The commander 75 in chief, i presume will not be here until the 8th of Jan- uary. Sh )ukl he direct any communication to you, his orders shall be promptly executed. I am very respectfully Sir, Your obedient servant J.BROOKS. Capt. Ji* PT. Mhertoiu No. 42. Extract from the records of the Boston Marine CommitteB of defence. The followini^ is a conimunication this day received from the commissioners for sea coast defence.— The commissioners for t!ie defence of the sia coast conceive that under certain circumstances; a large number of water craft, may be wanted for the purpose of transporting troops from this town, to the islands in this harbor, the board requests of you to cause to be prepared without loss of time, as many ships longboats as will transport with convenience one thousand troops with their baggage to the forts in the harbor. As econoniy is desirable in the expenditure of the public money, it is recommended tijat you borrow this craft from the ships now in the harbor to be returned when the emergency shall be over, for which they arc called. The commissioners wish one half the boats (with oars) to be placed between Rowe's whurf and Iiidia wharf, and tlie other half between Harris aj^d Russel's wharf. You will please to inform this board when the craft is in the situation designated. You will also procure as many men to receive the charge of the craft as may be necessary to prevent them from being taken away or receiving injury. They need not be kept afloat until further orders from this board. In behalf of the board (Signed) DAVID COBB. September 19th, 1814. 78 an opinion from the commander in chief, on this occa- sion will be very satisfactory to me. I am sir respectfully Your most obedient servant, WM. KING, Maj. Gen. 11th Bh\ To the Hon, John Brooks, Adj. Gen. D, RAPINE^ JPrinter. i