Page:State Documents on Federal Relations.djvu/77

63] in Niles, III, 179, 180. The action of the Governor and Council was approved at the same session, Acts and Resolves, 34. The Correspondence of the Governor and the Federal authorities and other documents for the period 1812–14, is in ''Amer. State Papers, Military Affairs, I, 608, 621, 622; Report of Com. on Military Affairs, Feb. 28, 1815, 13 Cong., 3 sess., Senate Doc''., 80–85. For subsequent action of the State, see post, No. 38.

[Upon the receipt of a letter from General Dearborn, on July 21, requesting him to order certain of the militia into the service of the United States, Governor Jones says,] I was induced to convene a council of war, and take their opinion of the measures most proper to adopt under these circumstances: *** On the question whether the militia of this State can be withdrawn from the authority thereof, except in particular cases provided for by the constitution of the United States, they are unanimously of opinion, that they could not. On the second question, viz., when the militia are called for by the President of the United States, who is to be the judge whether those exigencies provided for by the constitution of the United States, exist or not? They were also unanimously of opinion that the executive of the State must, and of right ought to be judge. ***

It is very much to be regretted that there should exist a difference of opinion between the President of the United States and the government of the individual States in any case, and particularly so as it respects the disposing of the detailed militia, when the nation is involved in war. Satisfied, however, that the principle adopted, and the course this State has pursued on that subject is not only perfectly in agreement with the letter, but with the spirit of the Constitution of the United States, I conceive an adherence thereunto indispensable; but should this General Assembly think the course erroneous, there is now an opportunity to correct it.

In 1813, Governor Martin Chittenden took a similar view of the constitutional relation of the state militia to the general government as that already adopted by the authorities of other New England States. In his speech to the Legislature, October 23, he outlined his position, as is given below. The majority of the Assembly adopted a report indorsing his views by a vote of 96