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rican citizens, who might not have been able to demonstrate sufficiently that their enterprises of commerce were legitimate, he would assuredly be led to redress just complaints, as he has on several particular occasions given proots of his favourable dispositions towards the American vessels which circumstances have conducted to the ports of his kingdom.

The king wishes, therefore, to give, himself, proofs to the government of the United States of the sentiments of justice with which he is animated.

The undersigned flatters himself, that the president of the United States will be easily persuaded that during so hard a contest as that which Denmark now sustains against the government who so evidently disavows the rights of nations engaged in navigation, the moment is not favourable to bring anew under consideration the reclamations which the government of the United States may find it convenient to make at that period in relation to the objects in discussion.

The undersigned has the honour to renew to the special minister the assurance of his high consideration. (Signed)

ROSENKRANTZ. Copenhagen, May 8, 1812.

Message from the President of the United States, transmitting a

Correspondence between the Department of War and the Governors of the States of Massachusetts and Connecticut, upon the subject of the Militia of those States.

To the Senate and House of Representatives of the United States.

I transmit to congress copies of the correspondences between the department of war and the governors of Massachusetts and Connecticut, referred to in my message of the fourth instant. November 6, 1812.

JAMES MADISON.

Sir,

(Circular.)

War Department, April 15th, 1812. I am instructed by the president of the United States to call

upon the executives of the several states, to take effectual measures to organize, arm, and equip, according to law, and hold in readiness to march at a moment's warning, their respective proportions of one hundred thousand militia, officers included, by virtue of an act of congress, passed the 10th instant, entitled, “ An act to authorize a detachment from the militia of the United States.”

This, therefore, is to require your excellency to take effectual measures for having ten thousand of the militia of Massachusetts (being her quota), detached and duly organized in companies, battalions, regiments, brigades, and divisions, within the shortest period that circumstances will permit, and as nearly as possible in the following proportions of artillery, cavalry, and infantry, viz. one twentieth part of artillery, one twentieth part of cavalry, and the residue infantry. There will, however, be no objection on the part of the president of the United States, to the admission of a proportion of riflemen duly organized in distinct corps, and not exceeding one tenth part of the whole quota of the states respectively. Each corps should be properly armed and equipped for actual service.

When the detachment and organization shall have been effected, the respective corps will be exercised under the officers set over them, but will not remain embodied, or be considered as in actual service, until by subsequent orders they shall be directed to take the field.

Your excellency will please to direct that correct muster rolls and inspection returns be made of the several corps, and that copies thereof be transmitted to this department as early as possible.

I have the honour to be, &c. (Signed)

WM. EUSTIS. His excellency the Governor of Massachusetts. Sir,

War Department, June 12th, 1812. I am directed by the president to request your excellency to order into the service of the United States, on the requisition of major-general Dearborn, such part of the quota of militia from the state of Massachusetts, detached conformably to the act of April 10th, 1812, as he may deem necessary for the defence of the sea coast. I have the honour to be, &c. (Signed)

WM. EUSTIS. His excellency Caleb Strong, Governor of Massachusetts.

Sir,

Head-Quarters, Boston, June 22d, 1812. I have received instructions from the president of the United States to call on your excellency for such part of the quota of militia from the state of Massachusetts, detached conformably to the act of congress, of April the 10th, 1812, as I may deem necessary for the defence of the sea coast; and I now have the honor of requesting your excellency to order fourteen companies of artillery, and twenty-seven companies of infantry, into the service of the United States, for the defence of the ports and harbours in this state, and the harbour of Newport. The com

panies are intended for the following ports and harbours, viz. Passamaquoddy, 1 company of artillery, and 4 companies of infantry, with a full complement of officers, to be commanded by a major. Marblehead, Salem, Cape Ann, and Newburyport, 2 companies of artillery, and 2 companies of infantry. Boston, 4 companies of artillery, and 8 companies of infantry, with one lieutenant colonel commandant, and one major; and 8 companies of infantry for the defence of Rhode Island.

Having received official information that war has been declared by congress against Great Britain, your excellency will perceive the expediency of giving facility to such measures as the crisis demands; and as the defence of the sea coast of NewEngland is at present confided to my direction, I shall, with confidence, rely on all the aid and support that the respective governors can afford, and more especially on that of the governor of the important state of Massachusetts; and I shall at all times receive, with the greatest pleasure, any advice or information that your excellency may be pleased to communicate.

With respectful consideration, I am, sir, your obedient servant,

H. DEARBORN. His excellency Caleb Strong, Governor of Massachusetts.

Omitted in the Above. Machias, 1 company of artillery ; Penobscot, 1 company of artillery, and 2 companies of infantry, to be commanded by a major. Wiscassett and Damariscotta, 2 companies of artillery, one each. Kennebunk, 1 company of artillery. Portland, 2 companies of artillery, and 3 companies of infantry, to be commanded by a major.

Sir,

Boston, June 26, 1812. Not having received any notice from your excellency or the adjutant general, of what measures have been taken for calling into the service of the United States, for the defence of our sea coast, the companies of detached militia proposed in a not I had the honour of addressing to your excellency on the 22d instant, a sense of duty compels me to solicit such information on the subject as the urgency of the case demands; and I am persuaded that no unnecessary delay will disappoint my anxious desire for as early information as circumstances will admit.

With great respect, &c. (Signed)

H. DEARBORN. His excellency Caleb Strong, &c.

Sir,

Boston, June, 26, 1812. I have received your letter of this day, in which you request information of the measures which have been taken for calling the militia into the service of the United States.

I find that governor Gerry, on the 25th of April last, ordered that ten thousand men should be detached from the militia of this state ; but I am informed by the adjutant-general, that the returns of those detachments have not come to hand, except in a very few instances. I am, sir, with great respect, your most obedient servant,

CALEB STRONG. To major general Dearborn. Sir,

War Department, July 21, 1812. By information received from major general Dearborn, it appears that the detachments from the militia of Massachusetts, for the defence of the maritime frontier, required by him under the authority of the president, by virtue of the act of the 10th of April, 1812, have not been marched to the several stations assigned them.

Inasmuch as longer delay may be followed with distress to a certain portion of our fellow-citizens, and with injurious consequences to our country, I am commanded by the president to inform your excellency, that this arrangement of the militia was preparatory to the march of the regular troops to the northern frontier. The exigencies of the service have required, and orders have accordingly been given to major general Dearborn to move the regular troops to that frontier, leaving a sufficient number to man the guns in the garrisons on the sea board. The execution of this order increases, as your excellency cannot fail to observe, the necessity of hastening the detached militia to their several posts as assigned by general Dearborn; in which case they will of course be considered in the actual service and pay of the United States.

The danger of invasion, which existed at the time of issuing the order of the president, increases, and I am specially directed by the president to urge the consideration to your excellency, as requiring the necessary order to be given for the immediate march of the several detachments specified by general Dearborn, to their respective posts. I have the honour to be, &c. (Signed)

W. EUSTIS. His excellency Caleb Strong, governor of Massachusetts.

Sir,

Boston, 5th August, 1812. I received your letter of the 21st July, when at Northampton, and the next day came to Boston. The people of this state appear to be under no apprehension of an invasion. Several towns indeed on the sea coast, soon after the declaration of war, applied to the governor and council for arms and ammunition similar to the articles of that kind which had been delivered to them by the state in the course of the last war, and in some instances they were supplied accordingly. But they expressed no desire that any part of the militia should be called out for their defence, and in some cases we were assured such a measure would be disagreeable to them.

You observe in your last letter that the danger of invasion, which existed at the time of issuing the order of the president, increases. It would be difficult to infer from this expression, that in your opinion that danger is now very considerable, as the president's order must have been issued before war was declared, your former letter being dated the 12th of June, and general Dearborn's, who was then at Boston, on the 22d of that month. Besides, it can hardly be supposed that if this state had been in great danger of invasion, the troops would have been called from hence to carry on offensive operations in a distant province. However, as it was understood that the governor of Nova-Scotia had by proclamation forbid any incursions or depredations upon our territories, and as an opinion generally prevailed that the governor had no authority to call the militia into actual service, unless one of the exigencies contemplated by the constitution exists, I thought it expedient to call the council together, and having laid before them your letter, and those I had received from general Dearborn, I requested their advice on the subject of them.

The council advised, “ that they are unable from a view of the constitution of the United States, and the letters aforesaid, to perceive that any exigency exists which can render it adviseable to comply with the said requisition. But as upon important questions of law, and upon solemn occasions, the governor and council have authority to require the opinion of the justices of the supreme judicial court, it is adviseable to request the opinion of the supreme court upon the following questions :

1st. Whether the commanders in chief of the militia of the several states have a right to determine whether any of the exigencies contemplated by the constitution of the United States exist, so as to require them to place the militia, or any part of it, in the service of the United States at the request of the president, to be commanded by him pursuant to acts of congress?

2d. Whether, when either of the exigencies exist, authorizing the employing of the militia in the service of the United States, the militia thus employed can be lawfully commanded by

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