Page:State Documents on Federal Relations.djvu/74

16 the Federal administration over the commanding officer of the State militia, when called into the Federal service.

References: Text, Report of Committee, August 25, 1812, on that part of the Governor's Speech which relates to his correspondence with the Secretary of War. (New Haven, 1812, 8o, 14 pages.) Also given in Niles, III, 22–25. Message of Governor Griswold, Special Session, with documents accompanying the same. (New Haven, 1812, 8o, 22 pages); also given in Niles, III, 4, 5. The text of these and earlier messages of the Governor and action of Council are given in Dwight, Hartford Convention, 243–248, 259–267; Proclamation of August 6, 1812, announcing proceedings of Council is in Niles, II, 389. Report of committee of LegislatareLegislature [sic] on the conflict over the command of the militia, Oct., 1814, Niles, VII, sup., 106, 107. For Correspondence of the Governor and the Federal authorities, see ''Amer. State Papers, Military Affairs, I, 325, 326, 608, 614–621; Annals, 12 Cong., 2 Sess., Appx., 1304–1310; Report of Com. on Military Affairs, Feb''. 28, 1815, State Papers, 13 Cong., 3 sess., 18–22, 55–80. For general references, see ante p. 56.

The committee consider it as of the highest importance, that no ground should be taken, on this subject, but that which is strictly constitutional, and that, being taken, it should be maintained at every hazard.

It is very apparent that the claim set up by the administration of the government of the United States, is, that when a war has been declared to exist, between this and any foreign country, the militia of the several states are liable to be demanded, by the administration of the government of the United States, to enter their forts, and there remain, upon the presumption, that the enemy may invade the place or places, which they are ordered to garrison and defend. And that for this purpose, they may be ordered to any part of the United States.

If then the militia can be constitutionally required to man the garrison of the United States, they may continue to be so required, as long as the danger continues to exist; and to become, for all the purposes of carrying on the war, within the United States, standing troops of the United States. And a declaration of war made by the administration of the government of the United States, and announced to the governors of the states, will substantially convert the militia of the states into such troops. Before it is agreed that the states have ceded such a power to the