^«. c'v^ /fQ©^% ^j>. ^ ' /i.%,?;-o >^ ^^'^' ,* o V «>- '••• a\ o • t lO' • ** A ^^0^ ,^^^^ i*. "^ r»^ * «V*^lilI^'« ^>*^ 4^^" vV ♦ ^5>''"^^ I'^fflif^.* x^^^ '«^;^J^?%f^W» ^«»^ ^ .>^^ ^% * ^^ ^. *••. "^^ '•' .a'^ ^v- ^j^ *.. .* .^^-^^ o •S*/*^ .\»^ SL-C-.~^^Jif^. EEYIEW OF A STATEMENT ATTRIBriED TO GEN. JOHN ARMSTRONG, WHH AN AFFENWX OF ILLUSTRATIVE PUCUIENTS. tc f- II II REVIEW OF A STATEMENT ATTRIBUTED TO GEN. JOHN ARMSTRONG, WITH A\ APPENDIX OF ILLUSTRATIVE DOCUMENTS.* 373 Introductory note hy Mr. Madison. It was st^vcral years after the piiljlication before it came to the knowledge of J. M.. who prepared the review of it. with an inteution of sending it to the editor. He was dissuaded from this conr,s(> by the President, who oljserved that no credit was given to what came from the writer. It appeared, also, that the Repository liad been some time discontinued. Ill tlie " Literary and Scientific Repository/' No. YI, page 502-'3, piibliHlied at New York^ October, 1821, the following >itateDient i,^ made as " from documents of the highest charac- ter:-' '■ Early in tli<' month of May, 1814, the then Secretary of War ])roposed to confer on General Jackson the appointment of Brig- adier in tlie army of tlie United States, with the Brevet of Major Genci-aL until a vacancy, ],y resignation or otherwise, should permit his api)ointment to a similar grade in the line. He was, at i\iQ same time, named to the conmiand of Military District No. 7, of which New Orleans made a part. This proposition, m l)oth its branches, the promissory as well as the appointing, was approved by the President, and a communication to Gen- eral Jackson made accordingly. On Wiq twenty-second of May General Harrison's resignation was received at the War Of- fice, and on i\\Q day following was reported to the President, as fui-nishing means forgiving immediate execution to the prom- ise already stated. The President's answer was indecisive. "" See letter to President Monroe. aMe p. 8(i4. 374 WORKS OF MADISON. 1824. ' The better way,' says he, ' will be to send on a Major General's commission at once; but on this-I suspend a final decision till I see you.' The Secretary, on the other hand, not believing that a right to tamper witli cngag-ements solemnly made and commu- nicated existed anywliere, or for any length of time, hastened to act on wliat appeared to be the first impression of the Presi- dent: immediately forwarded the commission; and took on him- self the responsibility of doing so." From this statement an appeal is made to the following ex- tracts and letters; it being kept in mind that the correspondence of tlie President and Secretary of War took place while the for- mer was at his residence in Virginia; that during the period no other tlian written communications passed between them; and that the extracts contain every thing relative to the matter of them: Extract of a letter from the Secretary of War to the President^ dated May 14, 1814, "Sometliing ought to l)e done for General Jackson. The va- cant Major General's place [produced hy General Hampton's resignation] cannot 1)0 filled during the recess of the Senate. But we can make him a Brigadier and give him the Brevet of Major General; and send him to relieve General Flournoy, who is very impatient in his ])resent position." Extract of a tetter from the President to the Secretary of War^ dated May 17, 1814. " Send, also, [to the President,] a commission of Brigadier and a Brevet of Major General for General Jackson." Extract (f a letter from the President to the Secretary of War, dated May 20, 1814. " I have the day for setting out for Washington still to fix. It was my original })urpose to be back Ijefore the frst of next moTbih, and I ^hall •.rrlo^vo'^.r to e(f»^et it." 1824. REVIEW, ETC., ETC. 375 Extract of a letter from the Secretary of War to tJie President, dated May 20, 1814. *' General Harrison resigned his military appointment on the eleventh instant, and expects to be relieved on the thirty-first in \\\Q command of the 8th District. M"' Arthur is next to him in rank; but being destined to the command of the brigade com- posed of Paul's and Miller's regiments, he will not be long in the District, and in his absence the command devolves on Gren- eral Howard. Of this officer 1 have heard nothing lately. The presumption is that he has gone on to S^ Louis." Here is no alhision to the resignation as creating a vacancy for Grcneral Jackson, nor to any commission enclosed in tlie let- ter. Tlie difficulty of supplying a commander of the District would intimate rather the expediency of retaining General Har- inson longer in the service. Extrart of a letter from the President to the Secretary of War, dated May 24, with a jwst script of May 25. " I have received yours of the twentieth instant. The commis- sion V)y Brevet for General Jackson is not accompanied by the preliminary one of Brigadier. As the resignation of General Harrison renders that circuit unnecessary, the better way will be to send at once a Major General's commission. I suspend a final decision, however, till I see you; which ivill he in two or three days after the arrival . a fair estimate can be made of the state- ment in the Repository. 1824. REVIEW. ETC., ETC. 379 " Early in tlie montli of May, 1814," says the statement, "the then Secretary of War proposed to confer on General Jackson the appointment of Brigadier in the army of the United States, with the Brevet rank of Major General, until a vacancy, by res- ignation or otherwise, should permit his appointment to a sim- ilar grade in the line." The proposition, as is seen, was made on the fourteenth of May, and referred expressly to the existing vacancy produced by the resignation of Major General Hampton. "The proposition in both its ln*anches, i\\Q promissory as well as tlio appointing, was approved by the President, and a com- uiuiiication to General Jackson made accordingly." The answer of the President to the proposition simply was, '•send a commission of Brigadier and a Brevet of Major Gen- , , oral for General Jackson;'" for the purpose, of course, that they / miglu be sanctioned for transmission. Tlie only promise wliich appears to have been communicated to the General. V)y tlie Secretary, is that contained in his letter of May twenty-second, answered by the General June the eighth, on which it may be remarked — 1. That the letter, though writ- ten two days after the notice given by the Secretary to the President of the resignation of Major General Harrison, makes no allusion to that event; but, on the contrary, expressly in- forms General Jackson that a commission of Brigadier and a Brevet of Major General, with a view to the existing vacancy produced by Major General Hampton's resignation, was all that could, at tlie time, be done for him. 2. At the date of the letter, one only of the two commissions promised to be immediatehj prepared and forwarded had been sent to the President, the other not being sent at all, 3. By the letter of May twenty- eighth, from the Secretary to the General, it appears that neither of the promised commissions had been forwarded. 4. T\iej)rom- isiiifj letter of May twenty-second was never iriade knoivn to the Premlent, either before or after it was forwarded to General Jackson. 5. If it had been made known to the President be- fore it was forwarded, his letter of May twenty-fourth — fifth to the Secretary — shews that with his knowledge of the resignation 38Q WORKS OF MADISON. 1824. of Major General Harrison, and that the commission of Briga- dier and Brevet of Major General was not all that could be done for General Jackson, lie could not have failed to cause the letter to be suspended, at least, till he should see the Secretary. " On the twenty-second of Maij^ continues the statement, "General Harrison's resignation was received at the War of- iice.'' On the twcntidh of JIiu/, as has been seen, the Secretary in- formed the President "' that General Harrison had resigned his military appointment." Here, in the Repository, it is stated that the receipt of the rcsio'nation was on the t^crntt/ -second of May. Again: On the twerdy-second, he writes to General Jackson as if no such resignation had taken place: holding up the va- cancy produced by Major General Hampton's resignation as the only one. at that time, in prospect. On the tioenty-fourth of May, even, another letter to General Jackson has the same aspect. Yet the letter of the Secretary to General Harrison, of the twenty-fourth, states that his resignation had been received and communicated to the President. Finally, the letter of the ticeidy -eighth of 31ay, to General Jackson, says, ''since the date of my letter of the twenty-fourth, General Hari'ison has resigned his commission in the army." An attempt to cover these incongruities by pleading a dis- tinction between a resignation sent in and a resignation finally accepted raises the question — 1. Why, if the distinction was intended, the ambiguity should be permitted to run through the reiterated language employed? 2. Why General Jackson should have been promised the immediate transmission of the two commissions looking to the existing vacancy produced )jy Major General Hampton's resignation, and been expressly told that nothina* more could then be done for him: when, two days before, the Secretary had informed the President of the resignation of General Harrison, which furnished the means of doing more for him; and when he had a right to expect the President's answer within three or four days at furtliest? 1824, REVIEW, ETC., ETC. 33]^ Must the ainbiguity and precipitancy in the case be explained by the eagerness of the Secretary to gain additional credit with the General by disclosing what was intended for him, if the resignation of Genei'al Harrison had not occurred; a disclosure for wliich tlie opportunity was to be superseded by the expected answer from tlie President, "doing away the necessity of send- ing on the two promised commissions?" The eagerness of the Seci'ctary to call the attention of the General to himself as the source to whicli he owed liis appointment is strikingly displayed by the letter of May ticenty-eujldh, in which, alluding to the new vacancy, lie takes upon himself to say, "which / hasten to fill with your name." The answer of the General, distinguishing between tlie arrogated and the real authority, acknowledged the receipt of the letter as "accompanied by the appointment of Major General, made by iJie President of the United States." To proceed Avitli tlie statement: "and on the day following \May tioenfy-thlrd] was reported to the President, ?iii furnisMng the means for giving immediate effect to the promise already stated." The proper comment on this statement is in the following- facts : 1. The report was made ?^o^ on the twenty-third, hut on the ticenfieth of May. 2. On the tweatiUh no promise whatever had been communicated to General Jackson; the date of the communication being the ti verity -second of May. 3. The report was not only silent as to an immediate appointment to the va- cancy i)roduced by the resignation of General Harrison, but en- closed a Brevet of Major General, having reference to the origi- iial vacancy produced by that of General Hampton. 4. Two days after the report had been made, viz: on the twenty-second of May, the only promise ever made was acccompanied with the Tenia rk that all that could be done was by the way of a Briga- dier and Brevet appointment. 5. It is proper to remark here, i\n\^ the letter itself from General Harrison resigning his com- mission was never sent to the President; and that the only sanc- tion for its acceptance was the letter of the tiventy -fourth of May from the Pre^^ident. wliich ought to have suspended, the an- 382 WORKS OF MADISON. 1824. .'^irer io General Harrison^ as well as the appointment to General Jackson, till lie slionld see the .Secretary. '• Tlie President's answer was indecisive: tlie "better way,' says lie. 'will be to send on a Major General's commission at once: but on this 1 Avill suspend a final decision till I see yovy If 1lic statement had not dropped the words, " loliicli loiU he in hci) or three (kti/s after the arrival of this " w\i\ch, in the answer of the President, followed the words " till I see yon," the charge wouhl liave vanished as it fell from the pen. The ohjeet of the -ujiprcssion is shewn by the use made of it. What might not 1m' jtroved or dis])i'ovod by such mutilations, and who could be safe against tliem? [Tad. indeed, the siii)pressed words not been contained in the ans\v(.'r of \]\o President, a notice to the same effect had been given ]m{f(r days he/ore, in his letter to the Secretary of May 20. saying, " that it Avas his original purpose to be back before the ii rst of next month, and tliat he should endeavour to effect it."' But the charge, as the statement proceeds to its close, takes a more serious comjdexion. '' The Secretary, on the other hand, not believing that a right to taiiiper with enr/ar/einents solemnly made and communicated existed anywhere, or for avy length of time, hastened to act on Avhat appeared to be the President's first impression: immedi- ately forwarded the connnission: and took on himself the respon- silnlitv of doing so.'' There are certainly not many minds that would regard the undertaking* of a sul)ordinate officer to iudi>'e between the first and last impression of his chief and to act on the first, as a mit- igation of disobedience. But wliat was the enr/ar/ement made and communicated, on which this charge of tampering is founded. None has appeared but that imi)lied in the Secretary's letter of May twenty-seeond^ of which letter the President had no knowledge when he .*f?/-v- fKiidrd his final decision, (nor was it, indeed, ever communicated by the Secretary,) which held out a Brevet of Major General 1824. REVIEW, ETC.. ETC. 333 as all that could be clone for liiin; and which the President, as is shewn by the tenor of his letter of May tioenty -fourth^ would for t]iat very reason have arrested, at least, till he should see the Secretary. AVliat, again, was tlie length of time to which such a tampering would have extended? Three days at most, with the chance that it might be but two days. It turned out, in fact, that the President was, as witnessed by the National Intelligencer, back at Wasliington the thirtieth of May. a day short of the time he had named to the Secretary for liis return; and tiuo days only after the Secretary had liurried oft' a commission to General Jackson. Whatever clue may be applied to the labyrinth presented by the conduct of tlie Secretary, the course pursued by the Presi- dent requires none. That was open and direct. When it was proposed to liini to confer on General Jackson the appointment of Brigadier and a Brevet of Major General, with a view to his being nominated for the existing vacancy produced by the res- ignation of Major General Hani})ton, his immediate answer was, "send me the two commissions." When the unforeseen resig- nation of Major General Harrison was notified to him, his in- stant suggestion was, "the better way, then, would be to send to General Jackson a Major General's commission at once;" sus= pending only a final decision foi' three or four days, till he could have a personal communication with the Secretary. The short delay could be attended with no possible inconvenience; the services of General Jackson, as Major General, being provided for by the brevet rank giving liim the command of the district for which he was allotted: whilst it was not a little called for by the obscurity and reserve of the Secretary on the occasion, and by the possibility that reasons, honorable to General Har- rison, whose letter containing his resignation had not been trans- mitted to the President, might render it expedient not to part immediately with his services. The difficulty of providing an immediate successor in the command of the district, noticed by the Secretary as arising from the situation of General M^Arthur and General Howard, without hinting, as might have been ex- 334 WORKS OF MADISON. 1824. pectecl. what was most advisable in the case, very naturally sug'g-ested the propriety of keeping tbe final arrangement sus- pended till the President could make it the subject of a per- sonal consultation with the Secretary. Out of such materials has been wrought a statement for the ])ublic. representing the President as backward in bestowing on CTCucral Jackson an appointment which was so splendidly jus- tified, and imputing to him a tariiperhuf witli solemn engcuje- ments. wliicli it becan\e the duty of a subordinate functionary to take on himself the responsibility of frustrafinr/. Should it be asked wliy tlie individual in question was placed, ;iih1. lifter such developments in his career, continued, at the liead of tlie War Department, tlie answer will readily occur to those best acquainted with the circumstances of the period. Others may he referred for an explanation to the difficulty, Avliicli had l)een felt in its fullest pressure, of obtaining services whicli would liave l)een preferred: several eminent citizens to wiiom the station liad been offered having successively declined it. It was not unknown at the lime that objections existed to tlie person finally appointed, as appeared when his nomina- tion went to the Senate, where it received the reluctant sanc- tion of a scanty majority. Xor was the President unaware or unwarned of the temper and turn of mind ascribed to him, wliich might Ije uncongenial with the official relations in which he was to stand. But these considerations were sacrificed to recommendations from esteemed friends; a belief that he pos- sessed. Avith known talents, a degree of military information whicli miglit be useful: and a hope that a proper mixture of conciliating confidence and interposing controul would render ol)jectionaljle peculiarities less in practice than in prospect. And as far as disa])pointments were experienced, it was thought better to ]jear with them than to incur anew the difficulty of finding a successor, with the inconveniences of an internal and a forced change in tlie head of the Department of War in the midst of war. Tliis view of the subject continued to prevail till the departure of the Secretary took place. It micht with truth be added, iliat the particular case which 1824. REVIEW. ETC., ETC. oc^ has called forth tins revievr did not receive at the time the full nivestigation ,.ow given to it. The aggravation of it bv such a statement as has been reviewed was assuredly not to have been anticipated. In the ,,eriodical work referred to in the preceding pao-es there are other gros. misstatements* from the same pen. That ^;l.oye exposed will snftice to put every one on his guard, and .IMstifj a general protest against the credibility of a writer ca- pal^lo ol such perverted and deceptive views of facts. • Harticnhul.v i„ ii,.. account giv.n of what passed o,> tho 24th of August M tl,c. day ot tho battle of Bla„e„.1,u.-g, and of the (nstructious of the Pi" 1 dent to the Secretary of War on the 13th of August, ,«14. See a true ace u^t of what passed, as noted by ./. .M.. a,n,l a copy of the Instructions, which speak for themselves; both of which are among my papers -J M VOL. III. 25 gjij^MIWjPaggjBj 386 II y APPENDIX I. DOCUMENTS II.I.USTRATIYE OF THE FOREGOING REVIEW. [Thesi' ducuiiKMiis ;iii])oar to liave been collected and arranged according to the subjoined meuiorauduin of Mr. Madison; the words witliin brackets being inserted hy the person collecting them. On a leaf next preceding the collection., the followiuc-- words are written by ^Ir. M.voisox: "Letters and notes instructing •• the Secretary of War. 1813; ready to be copied. All correctly copied by J. ^- C. Payne; which see.— J. M."] 1. Date of assi<>-unKMit of General Jackson to District No. 7. [May 22, 1814, as per letter in answer to question below numbered 3; and accepted as per letter No. (i, dated June 8, 1814.] 2. Date of General Harrison's resignation, and of its receqyt at the War De- partment. [Leilt-i- ficknowledging receipt of resignation dated May 24, 1814; date of the GeneL-ars letter, 11th same month. By letter of 28th May, 1814, the Gen- eral is iui'ormed that his resignation is accepted, to take place on the 31st instant, us requested.] 3. Copy of a letter from War Department to General Jackson, conve3ang his appointment of Brigadier and Brevet rank of Major General, till vacancy of that rank should occur in the line. [See copy of letter dated May 22, 1814, and numbered 3.] 4. A letter from War Dejnirtment to General Jackson conveying his commis- sion ;.s Mnior nfMlci'ill. [Detautmext of Wak. May 21. 1814. Sir, — Since the date ol' my letter of the 24th instant Major General Har- rison has re-signed his commission in the army; and thus is created a vacancy of that grade, which I hasten to fill with your name. This circumstance does away the necessity of sending the commission formerly contemplated. 1 have, etc., J. i. Maj. Gen. A. Jackson.) 5. Any letters from War Department to General Jackson connected with those subjects. 6. Several letters from General Jackson auswerino- those to him. 1824. REVIEW, ETC., ETC. 3§7 [None, except the one numbered 6.] 7. Any others trom him to War Department connected with those subjects. [Same answer as above.] DOCUMENTS. TO GENERAL ARMSTRONG. Washixgtox, January 14th, 1813. Dear iSiR, — The enclosed commission will inform you of your appointment to the direction of the Department of War. I hope it will not be incompati- ble with your viev/s to a,vail the public of your services in that important trust: and that you will be able, without delay, to relieve the Secretary of State, who has been charged, ad interim, with that addition to his other duties. Accept assurances of my great esteem and friendly respects. JAMES MADISON. TO GENERAL ARMSTRONG, SACKETT's HARBOUR. MoNTPELiER, September 8, 1813. Dear Sir, — I have received yours from Albany of the 28th ultimo. So much depends on the ultimate character of the present campaign, that whilst 1 have the fullest confidence that the best exertions will be made, I cannot suppress my anxieties: and the less so, as one of the elements on which we are to act is of so inconsistent a nature. The loss of our command of Lake Champlaiu, at so critical a moment, is deeply to be regretted. I cannot but hope, from measures taken, and the character ol" McDonough, that it will be regained in time for the co-operation of Hampton, or that the latter will be able to get forward by land the essential means of wresting from the enemy the ports at their end of the Lake. Chauncey, I see, has gone once more in search of the British squadron. I trust in his good sense and firmness as a security against his being hurried by an impatience to fix the public opinion in his favor. In the N. Western quarter it would seem that Harrison has not been able to keep time with Perry. If no augmentation of the British squad- ron should deprive ours of its superiority, the delay may have little effect. i received lately from Mr. Parker a letter from Grovernor Shelby, of August 1st, v/ith your acknowledgment of it, intimating that a final answer would re- sult from a transmission of the letters to me. From a note of Mr. Parker's to me, it appeared that you had not taken the meaning of one to you on the sub ject. I returned the letter to the War office, with a few notes, rendered of little moment by the lapse of time, but which might have a bearing on the 3g§ WORKS OF MADTSON. 1824. nii.swer. which it may he ^sti]l proper for you to give to the Governor, as it was pronii.sefl. Tlie Britirsli lloi't unih'V Warren has returned to the south end of the Chesa- jieake: whether to renew operations in tliat quarter, to seek shelter against the apin-oaching equinox, or to ]u-ocecd to New London or elsewhere, is nn- • •(M-tain. X. London would occur as a prol)al)le object, if tlie particular sea- on were not unfavorable to it. The two frigates there are the next in im- l>()rtance to the objects presented the Chesapeake. "Whatever the immediate destination may be. it will be well to keep in mind, that as soon as the pro- gress of the season renders a nortliem position nnmanageable. the ulterior dpstination. according to their apparent phm of warfare, will be a Southern one: that is to say, the coasts and ports of South Carolina and Georgia. Nor is it l>evond the range of calculation that Xew Orleans will be an object, more especially if onr success in Canada should suggest such a set-off. You will have learnt from the War ofiice the difficulties which adhered to the expedition against the hostile Indians. In order to remove them, I had adopted the idea of jnitting Pinkney at the head of it. The objections to the expedient acquired such force from reflection that it was abandoned, and the command left with Governor Mitchell, You will see by n I'-tter from Governor Mitchell, of August 24th, the meas- ures taken bvhim. and those not taken by Governor Blount, relative to the Indian expedition: and Mr, Parker will have informed you of his remittances for the use of it. I cannot i-econcile what is stated by Governor Mitchell as to the purpose of Governor Blount witli the letter from Governor B. of July oO, to you. as noted to me by Mi-. Parker. The augmented force called out by Governor Mitchell will, it is to be hoi)ed, ensure success, should any fail- ure happen on the part of the Governor of Tennessee; and if there should be no failure, we must console ourselves for the augmented expense by the sue" cess being made doubly sure, and by the more lasting awe which will be im- pressed on the savages. Y^ou will receive a letter of August 2:)d from Col. Hawkins, with a corres" ])ondence l)etween him and Governor Mitchell. It is not a moment for dis- cussing the tjuestion on which it turns. The doctrine of Governor Mitchell, who is regarded as a man of strong understanding, must have been hastily formed. If General Dearborn wishes the command of a district, it is fortunate that M) important a one as that of New York can be assigned to him. I find that he feels severely his temporary exile from command, especially the mode of it; and that he thinks a courL-marlial, or of enc[uiry, due to him, previous to a re- call into ser\ice. He will doubtless, also, compare the importance of the operations against (.'anafla with the prol)abl(^ inactivity of the scene at New York. I have received a letter from AndrcAv Ellicoti. Itv which it ajipcars that he 1824. REVIEW, ETC.. ETC. 339 infers from a letter from you that it was in contemplation to appoint him a professor in the Military Academy. He is a man of talents and science; but if oreat injustice has not been done him in different respects, and his standing in Pennsylvania, be what report makes it, the tendency of such a selection would merit consideration. The Secretary of State was with me yesterday morning, on his way to his family. No information from abroad has been received by him. J. MADISON. i\I()\TPELiEK. September IGth, 1813. Dear Sir, — 1 have just rcce)\ed a letter of the Gth inst. from the Secretary of War, in which he states that an addition of half a million to the monthly al- lotment of one and an half millions for war expenditure is indispensable to the completion of the campaign ; and that he has written to the paymaster to furnish a sum amounting to about $400,000, called for by the estimate of Pay. master Lee, as will be sc.ni in the inclosed copy of his letter. I had previ- ously learned from the Paymaster General that, without an enlargement of his funds, he could not make the remittances due from his department. As so much depends on the success of the armies on the Canada frontier, I hope the Treasury will l)e able in this last stage of the campaign to prevent any disappointment, which might endanger or embarrass its critical operations^ No other expenditure not essential to the life, or, what is next to it, the credit, of the Government, can be equally urgent. Accept mv cordial and best respects. J. MADISON. The Acting Secretary of the Treasury. MoNTPELiER, September 18th, 1813. Dear Sir, — 1 have received yours of the 1st instant from Utica, and of the 5th from Sackett's Har1)0ur. I have written to Mr. Jones with a view to an extra half million per month, for war purposes, during the sequel of the cam" paign ; but am not without apprehensions that the state of the Treasury may produce diiMculties, unless reinforced by loans not yet ascertained. He will, however, feel all the importance of cherishing the operations in Canada, on which the eyes and hopes of the nation are so intensely fixed. The latest in- formation which has reached me from Harrison and Perry is, from the for- mer of the 8th, and the latter of the 2nd instant. Harrison was in readiness himself for offensive movements, waiting only for the arrival of Shelby with his volunteers. Perry had just returned from another reconnaissance of Mai- den, where, it appears, the new ship was rigged, and anchored at the mouth 390 WORKS OF MADISON. 1824. of the harbour with the other ships, under cover of a Battery. Perry's men were sickly, as well as himseli'. These circumstances are not favorable ; I trust they will be overbalanced l)y those that are so. I just learn, through a private channel, that on the 9th Chauncey had just got back to Niagara, Yeo liaving once more eluded his pursuit. The lake, therefore, is still open to us, and will. <»f course, be used for the proper purposes. It is well that Hampton is sciMuvd for the present campaign. The course of it may furnish new holds on him, if liis services be as valuable on trial as in anticipation. The loss of Williams, at such a nu)iiieut, and in such a deficiency of Gen- eral otticers. is trul}' to Ije regretted. Accept my great esteem and best wishes. JAMES MADISON. General Armstrong. TO GENERAL ARMSTRONG. MoNTPELiER, Sep. 24, 1813. Dear Sir, — Since my letter of tlic loth, the state of the Treasury has been transmitted to me. It is more iinorablc than J had anticipated, and will be able, at least for a short period, to kecip the army in an efficient state. J have just received a confirmation of the fine blow struck by Perry. Harrison's move- ments, in consequ(Mic(> of it. will. 1 ho})e, he not only effectual against Proc- tor, ])ut !>(' l'e]{ ill our orlun* operations. The last account of Chauncey left him blockading his autaiiouist in a harbour near Kingston. If the weather should not disturb that postui-e, it will be the next best to a successful encounter. I sent you. a day or two ago. a letter from a person in New York, lately from Halifax. Knowing nothing of him, 1 cannot judge of the credit due to what he states. It is improbable in no point ])ut that of the great force in Canada. It is strange that whilst they were stri])ping Halifax so bare, they should have so long idled tiwas the foi-ce under Warren. I see that his sqnadron has lately ))een spoken, on its way, apparently, to Halifax ; but it may be that hnding his movements without effect in diverting our force from its destination to Canada, and the danger threatening that possession, he may be pushing the experiment of conveying a succour not too late. * Inclosed is an address from the Oneida Chiefs. The employment of the Indians on our side has come about in a manner which accounts ibr the inquiry they make. The fairness of making use of such services cannot be questioned: but thu value of them must determine the question of expediency. Of this you can judge better in your position tban I can in mino. I leave it with you, therefore, to shai)e the answer to the address as may appear most proper. Accept my great esteem and l)est wishes. J. MADISON. 1824. REVIEW, ETC., ETC. 39^ Exirad from a letter of James Madison, October 8, 1813, [in answerf] to General Armstronys letter of Se2)tember 2G, 1818, from Sacketfs Har- hoHV. " 1 1 (.■iiunot be doubled tliat y'^ destruction of tlie l)lock-liouses, &c., on our side of the Perdido, without a reparation, not to be expected, is a cause of war. 'rii(> doubt is, whether it lie a case in which the Executive authority can resoil i(» ir without the sanction of the Legislature, especially as the hostile step by the Simnisli (.nicer nniy not liave Ijccn authorized by his superiors. The prob- ability that it has been autlioriz(>d. or will not be disavowed, though a ground o('i)roceeding for Congress, who are nndcn- no controul but that of justice and policy, must be otherwise regarded by the Department, which is controuled by the h'l/at state of things. On this distitiction. and on that between resist- ence to an invasion and re])risals for one, it will i^c the most unexceptionable course to await the decision of the Legislative Df^partment with respect to Pen- sacola-, and other questions arising from Spanish proceedings. There is the greater reason for this as ilic next session is not very distant, and it is not certain that in the i)resent slate of Indian affairs in that quarter a sufficient force could be spared for another object. "J. MADISON." TO GENERAL ARMSTRONG. MoxTPELiEK, October 11, 1813. Dear Sir, — The communications which you will receive from and through the War Office ])reseni rhc stale of things produced on our Southern frontier by the Creek war. ami by the start it had of the movements for meeting it. It is of so much importance thot it should receive a decisive blow before the success of the Creeks shall have operated on the other tribes, and on the views of the Engli.sh and Spaniards, as well as that our settlements should be saved from the desolation threatening them, that I have thoug'ht it Avould be best, un- der all the circumstances brought to our view, to encourage the exertions of Tennessee by adopting the force added by the Legislature to that heretofore called for. It would be tV.rrunate if we had an eligible Major General in that quarter, at once to effect a general concert, and to secure the command in regular hands : but such an arrangement appearing to be impracticable, Governor Mitchell, who wa> put at the head of the operations against the Indians, will continue so, if re-elected at the approaching session of the Legislature. In a contrary event, a General Floyd, who is highly spoken of, will command the GhOfg.?. detachment; s-'bovdinafe, o<" course, to General flournoy, who will 392 WORKS OF MADISON. 1824. be so 10 the commander of the Tennessee forces, if a Major General, as prob- ably will be the case. The late success ol Ferry and progress of Harrison will have a favorable inflnence on the Southern Indians: but should they not be known in time to* arrest the confidence and activity with which the war is pursued [some omis- sion.] Yesterdav's mail brouo-ht the account from Harrison, dated al Amherst- burgh. T trust thai in his pursuit he will not Ibriict the traps and tricks of an artful enemy. The (lnn|)orted disappearance of our ground for augmenting tliem; namely, a threatened invasion of the State by a large Indian force. It is unfortunate that tlie weather has conspired so much with the manoeu- vres of the enemv to contract the period for the remaining operations. In the worst event, I liope an intermediate establishment between Kingston and Montreal can be secured ; which, adding to the advantages already gained in the present campaign one having so favorable a bearing on the next, will preserve the tone of the nation, and inculcate on the enemy a disposition to peace. I was surprised to sec by your letter of the 20th that the victory of Harrison on the .'ith had been so imperfectly conveyed to you. That of Perry on the 10th of September. I recollect, was alluded to on the 25th by Chauncey at Niagara as a report oidt/. believed to be true. J. MADISON. TO GENERAL ARMSTRONG. Washingtox. November 15th, 1813. Di:ar Sir, — I have received yours of the 8th from Albany, and shall look, in a few days, for some result of the critical posture of our military affairs on the St. Lawrence. The weather here has become suddenly very cold, but without snow or rain : and seems to lie getting back to a milder state. If it has not been more than proportionably worse at the scene of operations, the pros- ecution of tlu^m will not have been obstructed by ihat cause, and hopes may be iiidiil,L:*'d th;t! ilicv will he siic'eossfiil. I have had some apprehensions, from the dates of nMnforcements from England, that they might arrive in time to strengthen the hands of I'revost; but if they Ite not greater than are stated, and his previous force be as limited as it is understood to be, the prospect would ■still be hopeful. Li. chu'.iiig the place for Hull's trial, v;hich should be delayed as little longer WORKS OF MADISON. 1824. a'; may 1)0, the priniarv consideration certainly is the conveniency to the army a\<\ T do not know that the secondary one, which regards the witnesses, affords iiintorial objections to Albany. The time and place at which they are to at- tend cannot be too soon made known; some of the important witnesses being- iriw ill ilie Atlantic States, who may soon r(>turn to the Western. The vindictive order from Montreal threatens a serious retaliatory contest. Ahliongh the enemy have so groat an excess of prisoners in their hands that scarcely any snccess at Montreal will balance it, we must meet them with determination. The late communications from Harrison and Cass, the latter just appointed uo\ernor of Michigan, call our attention to several points: 1. 'I'he Government of the coii((uer(Ml territory. On this point the answer is, that the military authority of the coniineror, to be exercised with as much lenity and as little needless innovation as possible, must prevail until the legislative authority may interpose. '1. As to the Indians. The temporary arrangements made on the spot for taking advantage of their depression, without infusing despair, will suffice till I ho case be more systematically provided for. o. The supplies of food to the inhabitants of Michigan. On this point Cass has been told that they are to l)e continued as far as may be imperiously re- tjiiired by humanity: which must jnstify to Congress such an application of money not contemplated l)v the law. 4. It is asked whether, and how, the injuries suffered by individuals in vio- lation of the capitulation are to be indemnified. As indemnity is not to be looked for from the National Treasury, no mode presents itself for considera- tion but that of sending an estimate and demand to the British Commander. But this ste}) wotdd be ineligil)le without a previous decision that, in case of its presumed failure, the amount should be taken by military distress from the most able and obnoxious inhabitants of Canada under our power. This Avould be a course most approaching to justice: but being a novel one, and difficult also, it ought to l)o Aveighed before it be adopted. It will be proper, however, without special refereiu-i- to such a piiri)ose. to have an estimate of the dam- ages in question made out, as within the resolution of Congress which requires a report of all acts of the enemy violating the laws and usages of war. You will learn from the ^Vnv Office what has been done and is going on in the Southwest quarter. Not a line yet from our Envoys to Russia. J. MADISON. sasaBezs^ i!?rj->?>-ii'ji^jL>i i wnwrn i fw n 1824. REVIEW. ETC.. ETC. 3^5 Copn of a note on General McClures letters of the lOtJi, 11 th, and IWt of December, 181.S, reiurned to the Department of War. Besides the answer to General McClure, it may l)e proper to instruct Gen- eral Wilkinson to say frankly to Provost, that the burning' oi' Mewark was the effect of a misap])rehension of the officer, and not an ordi^r from the Govern- ment. Tins may be done without authorising- an inference that such a meas- ure exceeds a just retaliation, or precluding a reflection on the facility with which a perseverance" of the enemy in a syst(Mn of conflagratiim can he made reciprocal. A d(^siro to juit an end to such an aggravation of the evils of war is a sufHcient explanation of the disavowal. J. MADISON. December 29, 1813. TO THE SECRETARY OF WAR. MoxTPELTER, May 4, 1814. Dear Sir, — T have duly received your letter of the 1st instant, suggesting a recall of the vessels .'illottod. for Lake Huron, &c., with a view to another destination of them. The force which can l)e assembled at the east end of Lake Erie by the 10 of .lune is greater than I had relied on : and if employed towards Burlington Heights and York, cannot fail to have a saluary effect in different directions, AVhether it would liave that ol" sufficiently controuling the savages, and pre- venting the distresses and exjjcuses of another frontier campaign, Avhilst Mich- ilimakina should remain a source of British influence and intrigue, and, above all. in case the enemy should be able to make some naval show on Lakes Hu- ron and Michigan, is the most serious question. I have communicated your views of the subject to the Secretary of the Navy, who will make the proposed change, if not too late to recall the vessels, and if he is satisfied that the ene- 'my's ]n-oject of a naval show on the waters of Lake Huron is abandoned, or cannot be pursued with any injurious effect. Perhaps it may l)e practicable to find sufficient naval means for the occa- •sion without interfering with the Huron expedition, which will employ but a part of the vessels on Lake P:rie. The land force must, I presume, be too in- considerable to iutei-fori^ with the other object; besides that, its appearance in the upper quarter may not be without effect in lessening the descent of sav- ages to the theatre below. In a case so much to be influenced by intelligence and occurrences, and now so little admitting delays, I cannot do better than leave it to yourself and the Secretary of the Navy, whose interchange of information and ideas prom- ises the safest result. [See annexed letter to the Secretary of the Navy.] 396 WORKS OF MADTSON. 1824. After all. the issue of offensive operations in the neighbourhood of Lake Ontario must have some rlependenoe on the naval command there. Should this be in the hands of the enemy, sudden concentrations at any point chosen may thwart measures otherwise the best planned. With that advantag-e, par- ticuhirly, unles,- his force at Kingston be and remain inade([uate, the scheme of forming a iiav;il force on Tjakc Huron. -through the medium of York and Lake Simcoe, might, for the season at least, be pushed with mischievous effect. JAMES MADISON. TO THE SECRETARY OF THE NAVY. MoxTi'ELiER. May 4. 1814. Dear Sir, — The Secretary of War, in a letter of the 1st inst., states that the last advices make it evident that the enemy, instead of now meditating a re- establishment of himself on the Thames, and a renewal of his intercourse with the Indians, means to strengthen himself on the Peninsula, making Fort Erie the western extremity of his line of operations ; that including the garrisons of Detroit and Maiden, it will be practicable, by the means already taken, to assem])le on Lake Erie and its waters, l)y the 10th day of June next, 5,000 regular troops and o. 000 volunteers and militia: but that this force will be dispersed and comparatively inoperative MMthout the aid of the flotilla on that Lake : whilst with that aid, such a force, or even less, landed at a favorable point, and directed against the enemy's posts at "Burlington Bay and York, could not be resisted without weakening and exposing himself to our forces at Sackett's Harbour and Plattsburg ; the interposition of such a force being in the mean time a barrier to Detroit and Maiden, obstructino- the intercourse with the Indians, and leading, also, to the evacuation of Niagara, and rendering less im))ortant to him a continuance of the naval contest on Lake Ontario. With these prospects, he suggests that the expedition into the western lakes be relinquished, and that the naval means allotted to it be turned in aid of that above proposed. The ]n-oV)able effect, above as well as below, of so large a force, if it can be assembled at the eastern extremity of Lake Erie, entitles the suggestion to fair considcM-ntioii : ■.\\\<] il' vou fiivl ii not too late, and are satisfied that the }))-ojeet ot creating a naval force on th(! waters of Huron is abandoned by the enemy, or cannot be effectually pursued so as to threaten a reanimation of sav- age hostilities, it will 1)e best, under all circumstances, to change your orders to Cai>tain Sinclair, f give the Secretary of War so to understand. Perhaps it maybe practicable to find a sufficiency of naval aid for the War Departnisnt without interfering with the expedition to the Western lakes. The Ian '1 fcrce withdrawn for it must, I presume, be too inconsiderable to inter- 1824. REVIEW. ETC.. ETC. 397 fere with the other object ; besides that, its appearance may prevent some of r^^(> .ravages from descending to the main theatre of operations. hi a ease depending on intelligence which mnst daily be improving, and on circuuistaiu'cs lial)lc to continual change, il would be unsafe to be more posi- tive than 1 have been. 1 cannot do better than to leave it in the hands of vourself and the Secretary of War, whose interchange of information and sen- timents promises the soundest result. JAMES MADISON. TO THE SECRETARY OP WAR. MoNTPKiJEH, May 17th, 1814. Dear Sir. — Obstructions to the mail retarded for several days yom* letter of the 9th instant, accompanied by a cori-espondence between Generals Wil- kinson and I/ard, on the subjecl of the court-martial. The letter from the former to ibi' l)o]>arinuMit of War. referred to in the correspondence, was omitted. The objection made lo vho \aliditv of the order for a court-martial cannot ])e su.svaincd. Altlutugli orders derive llieii' authority from the President and not from the DepaL-tmenl oi' War. where an authority is not specially vested in it by lav.', the authorirv of the President in orders rctj[uiring it is to be pre- sumed wIkmi ]»a.ssing llu'ough a legitimate and known channel. I have not the means of asccM-tainini;- whether the terms of the order sent by Col. Wal- bach corresponded with tlie eunvnt of precedents. Should there have been any deviation in that respect it woidd tu)t vitiate the order itself, and may be avoided in future. The other objection, viz : to the member of the court and the deficiency of rank in one of the niembers, is also without legal foundation. The extract from the artieles of war cited by you import that the Executive must necessa- rily jiulge, on its resjrjiisibilitv. whetlu^r in anv particular case a restriction of the members of a court-martial to tlu^ smallest numl)er that is required in or- dinary cases, or a resort to officers of inferior rank, can or cannot be avoided without manifest injury to the service. But althouoh there lie no le^fal rio-ht on the side of General Wilkinson, it merits consideration whether there may not be expectations which will be deemed reasonable. ]^>ei;ig of the highest grade in the army, having been charged with tiie most iniportaut operations of the campaign, and so much time liaving elapsed after the question of a military court came into view, during which time he was continued in command, the grounds on which the smallest allowable number, with an inferiority of rank in any of the members, can be projjerly enforced, ought to be ((puillv certain aiul imperious. The law evidently favors, in behall'oC the party to be tried, the highest number and an equality of rank. 398 WORKS OF MADliSON. 1824. As Geueral Wilkinson will be content with a court composed of five mem- bers only, piovidef] they 1)P (leneral uiKcers, it is proper that such an one should bo instituted, and assembled at as early a day as Avill avoid manifest injuvv to the ])ul)lic service. Of this determination you may inform him. The selecti(m of the officers most elitiible for the court, with the other necessary steps, may await my return to Washington. The suggesticnis in the letter of General Pinckney of April 22d, now returned, appear to be judicious. It would liavc bet'u well if Ik- could have participated in the final arrangements with the .subdued Jndians. The task of making them is now, however, so easv, that Col. Hawkins alone might suflico for it. But it may be more satisfactory to associate Col. Milton or some one else with him. It may lie more satisfactory, also, to give associates to General Harrison for a treaty with the N. W. Indians, and Mr. Morrow and Col. .Johnson will be a fit selection. Send me a commis- sion, and let it be joint and several, as well to guard against casualties as to leave General Harrison free for the other service allotted to him, in case of an interference between the two. Send, also, a commission of Brigadier and a brevet of Major General for General Jackson. I have not yet fixed the day of my setting out for Washington. Until you receive notice of it your coninuinicatjons may be continued hither. Accept my respects and good wishes. JAMES MADISON. TO THE SECRETARY OF WAR. Movn'KLiKU. May 20. 1814. Dear Sir, — I have received your letter of the 17th instant, covering further communications from General Pinckney; which are now returned. The supplies necessary to save the Indians from starving cannot but be approved, notwithstanding the failure of legal provision for the purpose. It is a case of humanity and necessity which carries its own justification with it. I mentioned in my last Col. Milton as a fit Commissioner to succeed Gen- eral Pinckney, and as apparently within reach oPthe time and place for treat- ing with the Indians. If G()vernor Holmes be so, he will be a very unexcep- tionable associate. McKee, also, may be well qualified, and is probably not too distant. But 1 think there will be a jiropriety in giving a preference to the Agent, residing with the Cherokees, who is senior to him in several re- spects, who is very intelligent as well as experienced, and who will represent that meritorious tribe of Indians as well as the United States. I know not how far his age and other circumstances may admit of his attendance. You can better deciile with the infornuition you possess, or may obtain on the spot. Thei-e avouM be some advantage in associating l)oth of them with Col. Hawkin:-., ^'c. : but. bo'sidcs the c.\]nii.-f of:) miiivrous commission, there may 1824. REVIEW, ETC., ETC. 399 he more danger of the want of concord. Make the selection you find best out of all that have been named; Col. Hawkins being of course retained. Whether the friendly Indians ought to be a party to the arrangement with the hostile ones is a question it may be l^est to leave to the Commissioners, who can best appreciate the considerations on which it depends. It seems most suitable that, although the terms of the peace will be dictated to the hos- tile Indians, their pride should not be irritated by excluding even the form of consent on their part ; especially as it is possible that a foreign enemy of the United States may still make experiments on their character, if the future cir- cumstances of the war should suggest them. Even this question, however, may be left with the Commissioners, if they see in the other course the surest precaution against revolt. The most critical part of the task will l)e the de- marcation of lands to be given up by the oflFenders, and of lands to be secured to the friendly Creeks. It may be proper, also, to reward the Cherokees, if not the Choctaws, by some accomnujdations to them ; and to consult the views of the States of Georgia and Tennessee as far as justice and policy will permit. These are points on which the information and discretion of the Commis- sioners must decide ; subject, of course, to the constitutional ratification. Nothing better can be done with the leading offenders who may be surren- dered than to have them effectually secured, with a report of the circum- stances, which ought to infiuence the disposal to be respectively made of them. The treatment of the aged Telassia King may be safely trusted to the human- ity of Col. Hawkins. T have much confidence in the judgment of General Pinckney in relation to the number of posts and men requisite for the conquered territory. But in the prostrate condition of the savages, and with the force which will be South of them, whilst the terror of Georgia and Tennessee will be on the other side of them, reductions in those respects will, I hope, be admissible very soon, if not at present. They are much to be desired, as well on account of the diffi- culty of keeping up regular supplies, as of the occasion there may be for in> <^reased exertions in other quarters. T am just possessed of the intelligence last from France and Great Britain, and the iiroclamation of Cochrane nddressed lo the blacks; they admonish us to be jirepared for the worst the enemv may be able to effect against us. The date concurs, with the measure proclaimed, to indicate the most inveterate spirit against the Southern States, and which may be expected to shew itself against every object within tJie reach of vindictive enterprise. Among these, the seat of Government cannot fail to be a favorite one. I have the day for setting out for Washington still to fix. It was my origi- nal purpose to be back before the first of next month, and I shall endeavour to effect it. Accept Diy respects and best wishes. JAMES MADISON. 400 WORKS OF MADISON. 1824. Department op "War. May 21, 1814. Sir, — Since the dale of my letter of the 24th instant. Major General Harri- son has resigned his commission in the army, and thus is created a vacancy of that grade, which I hasten to fill with your name. This circumstance does away the necessity of sending the commission formerly contemplated. I have, &c.. J. A. Major General A. Jacksox. r [No. o.] Depakt.mfat of War, May 22, 1814. Sir, — The vucancy [ii-odiu-ed l)y (rcneral Hampton's resignation, not having been filled during the late session of the Senate, cannot be supplied constitu- tionally during the recess of that l)ody. All, therefore, that can be done at ])ro.ven(. in reward for xonr hIjIc niid gallant conduct during the campaign, :iiiant t(« eonvey by any thing in them on the subject. The ques- tion ot exercising such a power, made discretionary by law, the designation of the regiments to 1)e consolidated, and the discrimination between the offi- cers to be retained and disbanded, involved so many considerations of impor- tance, of justice, and of delicacy, that I should not have considered myself as satisfying my responsibility without weighing well the" whole proceeding. It may be doubted, also, whether, as the exercise of the power Avas limited to the event ot a failure to fill the rank and file of the regiments, the condition has yet oecurr^d: the period b^'tween the passage of the law and the act of cou- VOL III 26 402 WORKS OF MADISON. 1824. ftulidation having' aduiitted so seamy an opportunity for an adequate trial of the means of recruiting. JAMES MADISON. TO THE SECRETARY OF WAR. June 3, 18U. J. Madison requests a consultation with the Heads of Departments on Tues- day next, at 11 o'clocV. The oljject is to decide on the plan of campaign which our means, military and naAal. render most eligible. In the mean time, the Secretary will cause to be made out and send over — 1. A statement of the numbers and kinds of regular force, respectively, at the several military posts and stations throughout the United States. 2. The numbers on the way thereto, respectively. H. The remaining numbers enlisted, and in what States, according to the last returns. k The amouni and kind of the enemy's land forces in Canada, or on the frontier of the United States, and at what places, according to the best infor- mation in the War Department. .'». Ditto, ditto, ditto, expected there, and when, according to ditto, ditto. ♦i. Ditto, ditto, of enemy's land forces near, and destined for, our Atlantic frontier, according to the best information in the Department of War. TO THI-: sK' ';!:tary of thk xavy. JuxE 3. 1814. .T. Madison re(| nests a eonsultation, &c., on Tuesday next. The olijeet is to decide on the plan of campaign which our means, military and naval, render most eligible. Meantime, the Secretary of the Navy will cause to be made out and send ovei' — 1. A statement of the naval force on the Lakes Erie, Ontario, and Cham" jtlaiii. resj-teetively, now ready for service, and the portion of that on Lake Erie (It v^tiued for Lake Huron. 2. State and [irospects of additional naval force in preparation for Lakes Ontario and Cliamplain. respectively. :'.. Slate and stations of Aessels of war, (including the steam vessel,) gun- Ijoats, and barges, for the defence of the Atlantic frontier. 4. Na\al force oi the tuemy, (including marines,) according to the best in- 1824. REVIEW, ETC., ETC. 4Q3 formation in the Navy Department, near and in the Atlantic waters of the United States. 5. Ditto, understood to be destined for our coast. TO THE SECRETARY OP STATE. JuxE 3rd, 1814. J. Madison requests a consultation with, &c., on Tuesday next. The object is, &c. Meantime, the Secretary of State will cause to be made out and send over a statement of any information receivee accounts should be had. ?>. That the practice for so long a period, and down to so late a day, has settled the meaning of the law beyond the controul of a new construction, which would introduce uncertainty in place of that certainty in which the law delights. 4. That the accounting estal)lishment in the Navy Department is on the same footing with that in the War Department, and that the practice has been and continues the same there as it has heretofore been in the War Depart- ment ; that an innovation in one Department would, in relation to the other, introduce a diversity where uniformity was contemplated by law, and is in itself desirable. 5. That opinions of Committees of Congress, however made known, and in- ferences as to the opinions of the Senate, however strong, cannot overrule the ilong and uniform cunstruction and practice of the proper and responsible offi- cers charged Avith the execution of the law. The opinion of the Attorney General has probably been misconceived. 6. Thar, reasons personal to the Accountant cannot aflPeet the legal relaticfti 1824. REVIEW, ETC., ETC. 411 or official course of business between the Secretary of War and him, such rea- sons belongino- to the cognisance of the authority to which the Accountant is responsible by the tenure of his office. The latter considerations appear to preponderate against the former. The question whether the Accountant can withhold his counter-signature to warrants for monies on aceount, turns on the question : 1st. Whether warrants on account be, or be not, contrary to law? 2. Whether the Accountant, with respect to warrants drawn l)y the Secretary of War, possesses a discretionary authority, or his countersignature be merely a form of verification ? On the first point, it is understood that warrants on account, though not ex- pressly authorized l)y statute, have been in constant use by all the Heads of Departments from the commencement of the present Government; that the expediency of them amounts nearly to a necessity ; and that they are con- structively recognized in the act of Congress relating to the Treasury, War, and Navy Departments, passed July 16, 1798. On the 2d point, nothing is perceived in laws or usage favoring the idea that the counter-signature of the Accountant is more than a form of verifying the authenticity of the warrants. The abstract case of a warrant illegal on the face of it does not enter into the question. JAl^ES MADISON. Noted to the Secretary of War, July 6, 1814, on the reported plan for ninety- odd thousand Militia. The reference to the Military Districts as places of service is liable to two remarks : the one, that the reference is in some respects too vague ; the other, that in other respects it is too restrictive. District No. 1 illustrates both remarks : the first, by its great extent and numerous objects; the second, by^the vicinity of Newport and Providence in another district, which can receive support more readily from Massachusetts than from Connecticut, which makes part of the same district with Rhode Island. It will be better to intimate to the State Executives the Expediency of hav- ing regard, in the designations of the Militia, and the places of rendezvous, to the points within, or in the neighbourhood of, their respective States, the im- portance or exposure of which will be most likely to attract the views of the enemy. Will it not be useful, also, to make the places of rendezvous, and the por- tions of Militia respectively allotted to them, changeable on applications to that effect from the officers commanding in the Military Districts, to whom this Sirranofement will of course be communicated ? J. MADISON. 412 WORKS OF MADISON. 1824. Wau Department. July 18. 1814. SiB. — 1 have the honour io at-knowledge the receipt of your letter of the 27th June last. The case you put is a very strong one; and if all the circum- stances stated by you unite, the conclusion is inevitable. It becomes our duty to carry our arms where we find our enemies. It is believed, and I am so directed by the President to say. that there is a disposition on the part of the Spanish Government not to break with the United States, nor to encour- age any conduct on the part of her subordinate agents having a tendency to such a rupture. We must, therefore, in this case, be careful to ascertain facts; and even to distinguish between what, on the part of the Spanish authorities, may be the effect of menace and eunipulsion. or of choice and policy. The result of this encjuiry must gdverii. If they admit, feed, arm, and co- operate with the British and hostile Indians, we must strike on the broad prin- ciple of self-preservation. Under other and different circumstances, we must forbear. I have the honon &c-, (Signed) J. ARMSTRONG. Major General Andreav Jackson. to the secretary of war. July 18. 1814. Wanted : Copies of the instructions to General Brown for carrying into effect the plan of operations agreed on in the Cabinet on the 7th of Juno. Copirs of the instructions to General Winder on his taking command of his military district, and since. The Secretary will let me see the requisitions of Militia to bo placed be- tween this place and Baltimore before they go forward. JAMES MADISON. Note Oil the correspondence of War Department ivUh Generals Izard and Gaines. July 27, 1814. It does not appear that Izard, though the senior officer of the district, has been made acquainted with the plan of operations under Brown, or that any correspondence exists between those officers. It would certainly be advanta- geous that eaeh slunikl l)e apprized of the inslructions of the other, as well as of the forces and movements of the enemv, and of all material occurrences within their respective spheres. Information of this sort would aid each com- mander in interpreting the movements and purposes of his immediate ad- J4. REVIEW, ETC., ETC. 4^3 rsary, and produce a tacit concert and co-operation with the other com- mders ; the more necessary, as the separate corps of the enemy are kept in larmony of operations by an acting- commander superintending the whole, mutual understanding- between commanders on Lake Charaplain and at |e head of Lake Ontario, through Washington alone, would lose its effect [om delay. These remarks are more or less applicable to all separated com- |ands having relation to, or influence on, each other. A cypher in the hands of distant commanders would be useful on certain jccasions, as giving security to confidential communications, as well amono- jaemselves as with the Government. In that case, also, copies might be (afely sent with a view to miscarriages. J. MADISON, Note on the above from the Secretary of War. Generals Izard and Gaines were both fully apprized of General Brown's jniovementsj the former by my letter of the 10th of June.* J. ARMSTRONG. Memorandum on the letter [returned to the War Department] from General Harrison and Governor Cass of July 17, 1814, relative to a Treaty with the Indians to he entered into at Greenville. The treaty of Greenville in 1795 may be the basis of the new treaty, with any improvements which may be eligible under existing circumstances. The former allowances to the Indians may be continued, and, if deemed necessary by the Commissioners, enlarged. Those suspended by the war should not be made up, unless indispensable to keep the Indians quiet; as present supplies will suffice for actual wants, and retrospective allowances might encourage perfidy. The treatment of the Indians refusing to join in the war must be left very much to the judgment of the Commissioners, who ought to manage their in- terests and their fears so as ])est to guard against their joining the enemy. Where co-operation cannot be obtained, neutrality should be aimed at. If reserves of land for a chain of posts, as a barrier against hostilities of the British, and of the Indians seduced ])y them, can be obtained without im- pairing the friendly dispositions of the tribes, an article to that effect is desir- able. * The letter giving this inforniiition to Izard and Gaines not communicated to J. Madison in one instance, and not sent in another. It remains that no instruction to correspond among themselves feppears to have bsen given or presumed. J. MADISON. ^14 WORKS OF MADISON. 1824. These dispositions, however, ought not at the present crisis to be endan- «'ered. The reserves, if stipulated, should contemplate spots of 6 miles square, :it suitable distances, and extending from Lake Michigan to the Mississippi on the one side, and to the western boundary of the Michigan Territory on the I ithor. The idea conveyed in the memorandum sent to the Secretary of War June ihe 18th, will be found to meet the question of the Commissioners relative to a remuneration of Indians for their services. They were to be prepared, by explanations at the treaty, (verbal, of <:uurse, which the Commissioners make an alternative.) for being employed under military arrangements, as in other cases : and these arrangements can be immediately made, if immediately ne- eessarv. The extent and the immediate object of them belong regularly to the commanding otlicer of the district. In his distant situation, the duty must devolve on the next in comniaiid, who may be instructed to avail him- .self of the counsel and influence of the Commissioners. The expedition rec- ommended bv them may be ei-itically important in the event of a failure of that under Croghan and Sinclair. The number of Militia suggested, to be joined by the Warriors at Greenville, and the Rangers in the Indiana Ter- ritorv^ Avill doubtless he readily obtained from the Governor of Kentucky, or more conveniently, perhaps, from the^tate of Ohio. It was not intended to preclude a road, as pointed out by General Worth- ington, which it was supposed would willingly l)e yielded by the Indians hold- ing the country through which it would pass. The Commissioners should be at liberty, however, to waive the subject, if in the least unacceptable to the Indians. The appointment of an influential Superintendent of Indian Affairs, as rec- ommended, merits consideration. A superintendency was heretofore vested in the Governor of Michigan. The range of it is not precisely recollected. JAMES MADISON. July 28, 1814. Mie to the Secretary of War on IzarcVs letter of July 19, asking if he ought not to move to the St. Lawrence if necessary. July 30. 1814. It ought certainly to be at the discretion of Izard to accommodate his movements to those of the enemy, and to his information from the other com- manders. The question as to Colonel Drayton appears to be precluded by the list of original vacancies, which includes none of his former rank. JAMES MADISON. 1824. REVIEW, ETC., ETC. 415 Note on General Leiois' letter to the Secretary/ of War, July 2Sth, 1814, ask- iuq whether he is to judge of the menace of invasion requiring calls for Militia. General Lewis, as other Commanders of Districts, should be authorized to call for Militia according to the danger threatened. When the cases are not too uro-ent, they ought to be reported for previous sanction here. When the uroencv will not permit this delay, information should be immediately trans- mitted of the call made, or about to be made. If New York be in danger at all, the danger is probably not very distant, and preparations for its safety therefore urgent, especially as they cannot be brought into effect at once. JAMES MADISON. August 2, 1814. On a letter from General Stuart, requesting 200 rounds of Grape, Canister, &c.: also a few ^'s or \Ts Cannon. August 2, 1814. The Secretary of War will cause the supply of ammunition requested to be furnished. If the arrangements of General Winder should not have anticipated the other want, and the cannon can be furnished, orders to that effect will also be given. JAMES MADISON. Note accompanying a return of sundry Brevets sent, filled up, and sealed, from the OJfice. The Secretary of War will not in future permit commissions to be filled up in the office, until it be ascertained that the appointments are approved. In the Brevets to General Scott and the other officers, who so well merited them, the irregularity could not but lie without effect. But when appointments are proposed and not approved, the circumstance ought not unnecessarily to ap- pear. • JAMES MADISON, August 4, 1814. TO THE SECRETARY OF WAR. Wanted — The instructions to General Brown, or officer commanding on the Niagara? subsequent to July 5. 416 WORKS OF MADISON. i824. Ditto to the officer commanding at Sackett's Harbour. Ditto to General Mc Arthur, and the officer commanding at Detroit. Ditto to General Izard, subs .quent to July 27. Ditto to General Lewis, sub;y the confidence between the Executive and the Head of the Department. The distinction has not been sufficiently kept in view. I need not repeat the notice heretofore taken of the measure consolidating certain regiments ; a measure highly important under more than one aspect, and which was adopted and executed without the knowledge or sanction of the President ; nor was it subsequently made known to him otherwise than through the publication of the act in the newspapers. The like may be said of certain rules and regulations, particularly a body of them for the Hospital and Medical Departments, of which the law expressly required the approbation of the President, and which comprise a rule to be observed by the President himself in future appointments. Tho first knowl- edge of these latter regulations was derived from the newspapers. A very remarkable instance is a late general order prohibiting duels and challenges on pain of dismission from the army. However proper such an order may be in itself, it would never be supposed to have been issued with- out the deliberate sanction of the President; the more particularly, as it pledges an exercise of one of the most responsible of the Executive functions, that of summarily dismissing from military offices without the intervention of the Military Tribunal provided by law. This order was adopted and promul- gated without the previous knowledge of the President, nor was it ever made known to him otherwise than l)y its promulgation. Instructions to military commanders relating to important plans and opera- tions have been issued without any })revious, or even any subsequent, commu- nication thereof to the Executive : and letters expressly intended and proper for the knowledge and decision of the Executive have been received and acted ■on without being previously communicated, or the measures taken being made known to him. Other illustrations might be drawn from instances of other sorts leadino- to the result of these remarks. The above may suffice, with the addition of one, * which, with the circumstances attending it, will be explained by a reference to the letter of resignation from General Harrison ; to the letter of the Presi- dent to the Secretary of ^Var of May 24 ; to the issuing of the commission of Major General to General Jackson, and the letter of the Secretary of War ac- companying it. ' The following course will be observed in future : To be previously communicated to the President — 1. Orders from the Department of War establishing general or permanent regulations. 2. Orders for courts of enquiry or courts-martial on General officers ; or des- ignating the numbers or members of the courts. 3. Commissions or notifications of appointment to officers, other than regu- lar promotions in uncontested cases. 1824. REVIEW, ETC., ETC. 4^9 4. Dismissions of officers from the service. 5. Consolidations of corps or parts of corps, and translations of field officers from one regiment to another. 6. Acceptances and refusals of resignations from officers above the rank of captains. 7. Requisitions and receptions of militia into the service and pay of the United States. 8. Instructions relating to Treaties with Indians. 9. Instructions to officers commanding Military Districts, or corps, or sta- tions, relative to military movements or operations. 10. Changes in the l)oundaries of Military Districts or the establishment of separate commands tlierein ; or the transfer of General officers from one Dis- trict or command to another District or command. In the absence of the President from the seat of Government previous com- munications to him may be waived in urgent cases, but to be subsequently made without delay. All letters giving military intelligence, or containing other matters intended or proper for the knowledge of the President, will of course be immediately communicated to him. These rules may omit cases falling within, and embrace cases not entirely within, the reason of them. Experience, therefore, may improve the rules. In the mean time, they will give a more suitable order and course to the busi- ness of the Department : Avill conduce to a more certain harmony and co-oper- ation in the proceedings ^f the several Departments ; and will furnish the proper opportunities for the advantage of Cabinet consultations on cases of a nature to render them expedient. J. MADISON. August 13, 1814. Note to the Secretanj of War on a letter of Jenning's Deputy Commissary of imr chases^ and an endorsement by the Secretary of War; and on a letter, (Scc.^from General Cushing, relating to attack on Stonington. August 15th, 1814. As a little time will probably decide as to the force allotted by the enemy to the Chesapeake, it may be as well not to reject the additional 500 called out by Governor Barbour for the security of Richmond and that quarter. The step taken by General Winder (receiving 2,000 under General Par- ker into service of the United States) is to be supported, of course. There may be a difficulty as to Parker, who is a Major General, but otherwise a de- sirable officer, as well on account of his military experience as his local knov/l« edge^ and of the popular confidence in him. 420 WORKS OF MADISON. 1824. The attack on Stonington enforces the policy of preparations for hot shot I wherever practicable. JAMES MADISON. Note to the Secretary of War on Gaines's letter of August ItJi. August 16, 1814. It ought certainly to be at the discretion of Gaines to cross the Niagara. This may be made prudent by large reinforcements to the enemy, even after receiving 2,000 from Izard's army. Buffalo and Black Rock must also claim his attention, whilst the enemy are placed so conveniently for enterprises against them. If Izard should he unable, by leaving a force on the St. Lawrence, to ob- struct the reinforcements destined to Kingston and upwards, it would seem that he ought to move all that can be spared from Champlain to Sackett's Har- bour ; the residue, after sending 2,000 to Gaines, may make the place secure, and be ready for any offensive operation concerted with Chauncey. Sackett's Harbour being the rendezvous of the naval force and the starting point for joint operations, a disposable land force there must be always advantageous when we have the command of the lake, or the prospect of it. Let Cunningham be disposed of as suggested by Col. Brady. JAMES MADISON. Note to the Secretai^ of War on Cushings letter and enclosures of August 12, 1814. Cushing seems to view the extraordinary threat of Hardy in its proper light. It Avas determined, before the Secretary of State left the city, that Mrs- Stewart, on whom the misbehaviour of her husband ought not to be visited, might be* removed to him, whenever General Cushing thought no injury cOuld result from intelligence she ruight convey with her. Instruct him to this effect with the further condition of her removal, that it do not take place under anj appearance of being extorted by threats. If a Major General's command be not received by Cushing into [in?] the service of the United States, he will be secure against a claim to commarid him. lu all the Military Districts commanded by Brigadiers only, these in conveniences may arise. Where brevet rank can be properly given, the rem * The removal of property other than what belongs to her person is a distinct consideration. It is a legal as well as an equitable question. 1824. REVIEW, ETC., ETC. 421 edy is easy. Gushing has the title to it of long service at least. The prox- imity of Dearborn is another resource in the present instance. JAMES MADISON. August 17th, 1814. to the secretary op war. August 17, 1814. Where, on what service, and under what commission, is General Swartwout to be employed ? If out of service, as the last Army Register imports, he can- not be employed without a new appointment. Wanted — The number of men enlisted into the rifle corps, and not yet furnished with rifles. The number of rifles on hand according to the last returns, and the date of those returns. JAMES MADISON. Note to the Secretary of War on General Brown's letter of August 7. August 19, 1814. If there be no opposing considerations unknown to me. Col. Miller is enti- tled to Brevet jtromotion. Majors Wood and McRae, at least, seem tOUttnerit attention also. What is best as to Ripley? JAMES MADISON. Note to the Secretary of War on the proposed consolidation of 8 Regiments, 30, 31, &c. August 20, 1814. The consolidations proposed are approved. The information for assisting the selection of officers to be retained is extremely scanty, whilst the task is both important and difficult. The Secretary of War will suggest the names which appear on the whole most fit to remain in service. JAMES MADISON. 422 WORKS OF MADISON. 1824 Note to the Secretary of War on Governor Shelhi/'s letter of August 4, put into the hands of J. Madison August 19. August 20, 1814. The Secretary of War will state his opinion on the case presented by Gov- ernor Shelby- Have not analogous eases of a disproportion of officers, and of mounted volimteers serving as militia, been heretofore acted on ? JAMES MADISON. Memorandum — Aug. 24, 1814. In the morning, a note, by an express from General Winder, was handed me. It was addressed to the Secretary of War. Not doubting the urgency of the occasion, I o})encd and read it, and it went on immediately by the ex- press to General Armstrong, who lodged in the Seven Buildings. Finding by the note that the General requested the speediest counsel, I proceeded to his headquarters on the Eastern Branch, trusting, for notice to the Secretary of War to follow, to the note from Winder. On my reaching his quarters, we were successively joined by the Secretary of State, [who soon, with our appro- bation, repaired to Bladensburg,] the Secretary of the Navy, and Mr. Rush, the Attorney General. After an hour or so the Secretary of the Treasury ar- rived, and quickly after the Secretary of War. The latter had been impa- tiently expected, and surprise at his delay manifested. General Winder was, at the moment, setting off to hurry on the troops to Bladensburg, in conse- quence of certain intelligence that the enemy had taken that direction. Bar- ney's corps was also ordered thither, leaving the bridge to be blown up if ne- cessary. On General Armstrong's coming into the room, he was informed of the certain march of the enemy for Bladensburg, and of what had passed be- fore his arrival ; and he was asked whether he had any arrangement or advice to offer in the emergency. He said he had not ; adding, that as the battle would be between militia and regular troops, the former would be beaten. On coming out of the house, and mounting on horses, the Secretary of the Treasury, who, though in a very languid state of health, had turned out to join us, observed to me privately, that he was grieved to see the great reserve of the Secretary of War, [he lodged in the same house with him,] who was taking no part on so critical an occasion; that he found him under the impression, that as the means of defending the District had been committed to General Winder, it might not )je delicate to intrude his opinions without the approba- tion of the President ; though, with that approbation, he was ready to give any aid he could. Mr. Campbell said that, notwithstanding his just confidence in General Winder, he thought, in the present state of things, which called for all 1824. REVIEW, ETC.. ETC 423 the military skill possible, the military knowledge and experience of the Sec^ letary of War ought to be availed of, and that no considerations of delicacy ought to jeopard the public safety. With these impressions, he said he had thought it his duty to make this communication, and was very anxious that I should take some proper steps in the case j I told him I could scarcely con- ceive it possible that General Armstrong could have so misconstrued his func- tions and duty as Secretary of War ; that he could not but know that any proper directions from him would receive any sanction that might be neces- sary from the Executive ; nor doubt that any suggestions or advice from him to General Winder would be duly attended to 5 [in this case it had been re- quested in writing.] I told Mr. C. that I would speak to the Secretary of War explicitly on the subject ; and accordingly, turning my horse to him, expressed to him ray concern and surprise at the reserve he shewed at the present crisis, find at the scruples I understood he had at offering his advice or opinions ; that I hoped he had not construed the paper of instructions given him some time before, [see the paper of Aug. 13, 1814,] so as to restrain him in any re- spect from the exercise of functions belonging to his office ; that at such a juncture it was to be expected that he should omit nothing within the proper agency of Secretary of War towards the public defence ; and that I thought it proper particularly that he should proceed to Bladensburg, and give any aid to General Winder that he could; observing that if any difficulty on the score of authority should arise, which was not likely, I should be near at hand to remove it ; [it was my purpose, in case there should be time, to. have the mem- bers of the Cabinet together in Bladensburg, where it was expected General Winder would be, and, in ] consultation with him, to decide on the arrrange- menis suited to the posture of things.] He said, in reply, that he had put no such construction on the paper of instructions as was alluded to; and that, as I thought it proper, he would proceed to Bladensburg, and be of any service to Geuoral Winder he could. The purport of this conversation I communi- cated to Mr. Campbell, who remained near us. The Secretary of War set off without delay to Bladensburgf After a short turn to the Marine barracks, whither the Secretary of the Navy had gone, 1 mentioned to Mr. Rush, who was with me, my purpose of going to Bladensburg, and my object in so doing. He readily accompanied me. ' On approaching the town, we learned from William Simmons that Winder was not there, and that the enemy were entering it. We rode up to him [?J instantly. The Secretaries of State and War were with him. I asked the latter whether he had spoken with General Winder on the subject of his arrangements and views. He said he had not. I remarked that, though there was so little time for it, it was possible he might offer some advice or sugges- tion ihat might not be too late to be turned to account; on which he rode up to the General, as I did myself. 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