I have to request your serious and deliberate attention to every point connected with it.

"Hartford, June 29, 1812."

"ROGER GRISWOLD.

The body of men who composed the Council of Connecticut, formed one of the houses of the legislature of that state, and consisted of the lieutenant-governor, and twelve assistants. They took the matter into their consideration, and after due deliberation, came to the following result"At a meeting of the governor and council of the state of Connecticut, at Hartford, on the 29th of June, A. D. 1812.

"His excellency the governor has requested of this board advice respecting the course which it is proper to take on a requisition of the national government, communicated through the medium of General Dearborn, for detaching five companies of the militia, drafted under the act of Congress of the 10th of April last, for the defence of New-London and New-Haven. The order for this draft of three thousand men was received, and immediately executed. On the 12th of instant June, the Secretary of War requested of the Governor that as many of the militia thus drafted as General Dearborn should require for the defence of the sea-coast, should be ordered into the service of the United States. Presuming that nothing would be required which was not warranted by the constitution and the law, assurance was given of a compliance with this request. The council entirely approve of the promptitude with which the Governor has thus manifested his readiness to comply with all legal and constitutional requisitions, a promptitude always shown by the Government of Con

necticut.

"General Dearborn now requests that four companies of the militia drafted as stated, be detached for the fort at New-London, and one company for the fort at NewHaven, to be put under the command of the officers of the army

of the United States, stationed at those posts. His excellency the Governor has requested the 'serious and deliberate attention' of this board to the following questions, arising out of the requisition of General Dearborn,—' Can the militia be legally and constitutionally demanded until one of the contingencies enumerated in the constitution shall have arisen? And can a requisition, to place any portion of the militia under the command of a continental officer, be executed? The council, impressed with the great importance of these questions, have seriously and deliberately examined them, and in compliance with the request of the Governor, now present to him the result of their deliberations.

"The constitution of the United States has wisely ordained that Congress may provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions. The acts of Congress of February, 1795, and of April, 1812, in strict pursuance of the constitution, provide for calling forth the militia into the actual service, in the exigencies above named.

"This board is not informed that the requisition of General Dearborn, said to be in pursuance of that of the Secretary of War of the 12th of instant June, is grounded on a declaration made by the President of the United States, or notice by him given, that the militia are required to execute the laws of the Union, suppress insurrections, or repel invasions, or that the United States are in imminent danger of invasion. As none of the exigencies recognized by the constitution and laws of the United States are shown to exist, this board deem his excellency the Governor to be, of right, the commander in chief of the militia of this state, and that they cannot thus be withdrawn from his authority.

"The council to the second inquiry observe, that the constitution of the United States provides that the appointment of the officers of the militia shall be reserved

to the states respectively. In the event of their being called forth into the actual service of the United States, in any of the exigencies specified, the laws of the United States provide, that they are to be called forth as a militia, furnished with officers by the state. The militia organized under the act of the 10th of April, from which the detachment in question is required, have been regularly, and in conformity to law, formed into a division, consisting of brigades, regiments, battalions, and companies. The requisition of General Dearborn is, that five companies, which constitute a battalion, be detached, four of which are required for the fort at New-London, and one for the fort at New-Haven, to be put under the command of the officers there stationed. The council do not perceive in the constitution or laws of the United States, any warrant for thus taking from the officers duly appointed by the state, the men under their controul, and thus impairing, and as the case may be, eventually destroying the military force of the state. Nor do they perceive any law authorizing the officers of the army of the United States to detach from a body of drafted militia, now organized with constitutional officers, a portion of its men, and thus weaken and, as the case may be, annihilate the detachment. They do perceive, however, that a compliance with such a requisition might transfer the militia of the respective states into the army of the United States, and that thus the officers of the militia might be left without any command, except in name, and that the respective states might thus be deprived of the militia which the constitution has granted to them. In this view of this interesting subject, the council advise his excellency the governor not to comply with the requisition of General Dearborn.

"In view of this result, made from a conviction that it is just and conformable to the constitution, the Council feel entirely disposed to give ample assurance that this

state will ever support the national government in all constitutional measures, and presume that in case of invasion, or imminent danger of invasion, the governor will deem it expedient to make such provision for the protection of the sea-coast by the militia of the state, in co-operation with the military force of the United States, as the public exigency may require, and as is warranted by law.

"In regard to other matters in the governor's communication, the Council forbear to remark particularly, relying with perfect confidence on the wisdom of his Excellency, to pursue such a course, in any emergencies which may arise, as becomes the chief magistrate of a free and enlightened people, and imploring the blessings of the God of our fathers for protection in the midst of the calamities of war.

"Passed in the Council, June 29th, 1812.

"THOMAS DAY, Secretary."

The call upon the governor of Massachusetts, it has been seen, was for forty-one companies. These companies, upon the most moderate estimate of their numbers, must have contained between three and four thousand men, including officers, non-commissioned officers, musicians, &c.; and of course they would have formed a division, and would have had a legal right to be commanded by a major-general. Instead of which, the highest officer named in the order was a lieutenant-colonel. The order to the governor of Connecticut was more explicit. It required five companies, which would form a battalion, and be entitled to a major's command. Instead of which, no officer of any rank or description is named or called for, but four of the companies were directed to be placed immediately under the command of the United States officer commanding at Fort Trumbull, near New-London, and

the fifth under the United States officer of the garrison at New-Haven.

In both cases, the orders were not warranted by the constitution of the United States. The reasoning on the nature and objects of the requisition, in the foregoing result of the deliberations of the Council of Connecticut, is conclusive. And the principle for which they contended, is one of the most interesting description to the safety of the militia, and the rights and security of the individual states. By the constitution of the United States, Congress have power to call forth the militia of the states only in three emergencies, viz. "To execute the laws of the union, suppress insurrections, and repel invasions." But to guard against any possible mischief that might arise, either to the several states, when thus temporarily deprived of their natural protectors, or to that portion of the inhabitants who compose the militia, it was provided in the constitution, that Congress should have power "To provide for organizing, arming, and disciplining the militia, and for governing such parts of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress." This provision is not only plain and explicit, but in the highest degree important to the militia, and to the states to which they belong. If when called into the service of the United States, they were to be taken from the superintendence of their own officers, and placed under the command of United States officers, they would, to all intents and purposes, become incorporated into the standing army of the nation, be shut up in garrisons, be commanded by officers of the standing army, and be subject to the same government with the standing army-or in other words, to that severe and sanguinary code, the "Rules and Articles of War." By those rules and articles it is provided,—that “ All officers serving by commission from the