Militia of the United States.

2d Class. Comprehending the general military correspondence with all the officers of the Navy; the roll of the officers of the Navy, and record of their services, merits, and qualifications, to be kept on the files of the board orders for courts of inquiry and courts martial, and the preparation of all the documents and statements connected with these objects; also, the general charge and direction of the flotilla service on the Southern station, viz: Georgia, South Carolina, North Caro-plate placing in the field against us. And, sir, no lina, and Norfolk.

SENATE.

Militia of the United States.

NOVEMBER, 1814.

The first section of the bill requires the Presi-icacy of General WASHINGTON, the then President of the United States to call upon the Execu- dent of the United States, whose capacity for tives of the several States and Territories, for judging correctly on a subject of this kind all their respective quotas of eighty thousand militia, must acknowledge, and such was the delicacy of to serve for two years. It would seem, sir, by Congress upon this subject, at that time, that a this section, that the committee were of opinion, positive provision was made in the law, that the that eighty thousand men in addition to the pres- militia called out under it should not be held to ent Military Establishment, which consists of serve more than three months in any one year; sixty-two thousand, making in the whole, 142,- and the provisions of that law, with a view to 000, would be necessary for the defence of the equal distribution of justice among the individUnited States, at all points, the next campaign. uals comprising the militia, go further, and declare In this opinion of the committee, I do most cor- not only that the militia called out shall not be dially acquiesce; for, sir, under the existing cir- held to serve more than three months in any one cumstances of our situation, and the situation of year, but that they shall not be held to serve more Europe, it is very probable that an imposing force than in due rotation with every other able-bodied will assail us the next campaign; and I consider man of the same rank in the battalion to which it an imperative duty, obligatory on the National they belong. Such, sir, was the view taken by Legislature, to do all in their power, to repulse General WASHINGTON, and by the Congress of the invasion of the enemy at every point-and to 1795, in regard to the impropriety of calling out insure this object, I am of opinion, that a reliance the militia for long terms of service. upon a less number of men in the field, than that The principle then adopted has been sacredly contemplated by the first section of the bill, would adhered to ever since that period, until about the be highly impolitic, improper, and calculated to commencement of the present war; at which jeopardize the safety of the nation; yet, in some time provisions were made for detaining the miliof the subsequent sections of it, we find that in- tia to be detached for six months. Thus, sir, we stead of realizing the pleasing prospect of seeing shall find, that from time immemorial, the people an ample force in the field, that the force is to be of this nation have been in the habit of believing reduced to an indefinite amount; which contra- that draughts from the militia were not to be made diction in terms, inconsistency in principle, and for a term anything like that named in the bill beuncertainty in effect, cannot fail to produce mor- fore you, and that belief has been justly founded tification and chagrin in every breast, entertain- on the uniform practice of all the various Governing the same impresions on the subject which I do. ments which have been in operation here, since The same section of the bill provides for call- the first settlement of the country by civilized ing out this force for two years, and, in subsequent man. In fact, sir, that draughts from the militia sections of the bill, it is provided that the men should not exceed the term of nine months, is fully shall be raised by draught, in the last resort. Sir, established as a principle of common law, which this mode of draughting men from the militia for no one has ever attempted to violate before the two years, I must confess is a novel idea to me, introduction of the bill under consideration. And and I do believe it will be so to the nation. II very much fear, sir, that the violation of the have lived to see draughts from the militia, under a colonial system, when the United States were colonies to Great Britain. I have seen and participated in the raising of men for public service, by draught and otherwise, from the commencement of the Revolutionary war up to the present time, and in no instance, which has come within my knowledge, has there been a draught from the militia, for a longer term than nine months; and generally the terms of service have been much shorter than nine months.

No such unreasonable exercise of power, as I conceive to be contained in this bill, ever was attempted under our former Colonial Governments; notwithstanding such attempts might have been fostered by the Monarchical Government under which we then acted. No such attempt was made during the Revolutionary war, notwithstanding our very existence as a nation much depended upon our placing a competent number of men in the field. No such attempt has been made since the close of the Revolutionary war, until it made its appearance in the bill before you. Sir, let us examine the law passed in 1795, authorizing the President of the United States to call out the militia for the purposes designated by the Constitution. By that law we find, that such was the del

principle which the bill proposes to introduce, will not sit very well on the minds of the people. Surely, sir, this is not a time to introduce new principles which are in any degree calculated to alienate the people, or any part of them, from a vigorous defence of our national rights. I consider this system of draughting militiamen for two years' service, to be unnecessary, unequal, and unjust. If the nation wish for an additional force to the amount, and for the term mentioned in the bill, why not proffer terms adequate to procure it, and make it a part of the regular army? Although I admit, that the General Government have power, by the Constitution under which we act, to call on a part, or all the physical force of the nation for the defence of its rights, when necessary; yet, sir, I contend, that this power ought to be exercised under a sound discretion, calculated, as near as may be, to do equal justice. But this bill presents to my mind a very different aspect. It disregards the system of equality for military services among our citizens, and violates the principle of rotation in regard to those services, which has been held sacred by those who have gone before us, and which I consider imperiously binding upon us.

The second section of the bill provides for class

NOVEMBER, 1814.

Militia of the United States.

ing the whole of the militia, so that each class shall furnish one man by draught or contract for two years.

SENATE.

tachment, while those who hold two-thirds of the property of the nation, if my ideas upon that subject be correct, are not to be called upon to pay a cent. I can see no reason for this discrimination; I conceive it to be founded in error of so deep a die as to materially impede our operations of defence, if not to defeat them altogether. Pray, sir, what reason can be given why the rich merchant, the wealthy farmer, the opulent professional gentleman, those citizens holding property who are over the age of forty-five years, and all those citizens between the ages of eighteen and forty-five, who have been exempted from militia duty by the laws of the United States, and of individual

This mode of classification, I contend, is unequal and unjust, as it includes those only who are enrolled in the militia, and excludes all those who are not enrolled in the militia. The very act of classing the militia, and calling upon each class to furnish one man for two years, clearly demonstrates that the Government is aware that the pay given by the public is not sufficient to bring the men into the field for such length of time. This fact is corroborated by the provision in the first section of the bill which apportions the men to be raised amongst the States and Ter-States, should be exempted from a participation ritories upon the principle of representation and direct taxation. In this principle, distributive justice is properly regarded as it relates to the States and Territories. But, sir, it is entirely abandoned as it relates to the people at large, by your mode of classification.

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in the extra expense of this draught? I confess I can see none, nor have I heard of but one attempted to be given; that was, that the militia were called on by this bill to render personal service, and not for pecuniary aid. But, sir, that assertion is proved to be fallacious by the bill If the situation of the nation has become such itself. In the fourth section of the bill it is proas to make it necessary to class the people for the vided, that, "for the purpose of equalizing as purpose of procuring an adequate number of sol- much as possible the contributions of the rediers, I conceive that the just and equitable modespective classes, in all cases where any class of doing it would be to include in your classes all may furnish a militiaman by contract, it shall the taxable polls, and all the taxable property by be the duty of such militia officer or officers, in whomsoever possessed-the classes to be so formed laying off the respective districts comprehendas that each class should contain, as near as maying each class, to apportion the same, as nearly be, a just and due proportion of all the taxable polls as possible, according to the value of property and property; each individual in a class should and the number of militiamen subject to draught be holden to contribute towards procuring a sol-' within each company." Here, sir, we find a didier, by contract, in proportion to the taxables rect appeal to pecuniary aid, anything which he may possess. And in order to insure the rais- has been said to the contrary notwithstanding your men by classing the people, you must ing. But it is said the alternatives in this second provide that each class which does not procure a section of the bill ameliorate the severities in the soldier by contract in a given time, shall be taxed, preceding parts of it. What are those alternaeach individual in proportion to the taxables he tives? The first provides, "that if any State or may possess, in a sum sufficient, at all events, to Territory shall, within three months after the raise a man for such class; the assessment on passing of this act, furnish its quota of militia, such delinquent class should be collected by a sum- or any part thereof required by this act, or any mary process, and the money paid into the hands other troops in lieu thereof, for an equal or of a faithful officer, who would not fail to procure longer term of service, the same shall be re'ceived into the service of the United States in substitution of the same number of militia called for by this act; and in that case the draught shall so far cease to take effect." I must confess, sir, that this alternative does not, in my view, present such beneficial features, as some gentlemen have imagined were contained in it. It is to be sure a modest appeal to the patriotism of the States and Territories to furnish their quotas of the men to be raised, pretty much of the nature of a recommendation under the old articles of Confederation, when Congress had power to recommend, but none to execute. It gives the States and Territories three months to consider The persons enrolled in the militia are gene- of the question, and consequently suspends the rally composed of farmers, mechanics, and labor- whole operation of raising the men, otherwise ers, not very affluent in their circumstances, but than by State or Territorial authority, during that as respectable and useful members of society as period. Well, sir, let us suppose, which certainly any class of citizens which can be named. I is at least a very possible case, that at the end of imagine that they do not hold one-third of the three months you find that the States and Terproperty which is to be defended; and yet, sir, ritories have not thought proper to furnish the this class of your citizens are to be called upon men, what then is to be done? Why, sir, at the to bear the whole expense of this extensive de-time when your men ought to be ready to take

the man.

This is a mode of classification similar to the one adopted in the Revolutionary war, which was generally satisfactory. Contrast this system with the one contained in the bill before you, and let every man judge which of them ought to be preferred.

In the one case, all the persons and property in the nation would be called upon to disburse a due proportion of the national expense; and, in the other case, the persons enrolled in the militia only are to bear the expense of raising and getting into the field eighty thousand troops, to serve for two years.

the field, you will have to commence raising them by the dilatory and very uncertain modes pointed out by the bill. Your militia must be then classed, and each class is to furnish a man by contract or draught; here again the bill appeals to the patriotism of the classes, and tells them if they will each furnish a man by contract, they will be exempt from the draught. Well, sir, what if the patriotism of the classes should not be sufficiently strong to induce them to procure their man by contract? The only remedy which the bill provides in that case is, for them to resort to the draught. Sir, who is authorized to make this draught? I find, by the second and fourth sections of the bill, that the classes are each imperatively called on to furnish a man for two years, either by draught or contract. I find no militia officer authorized to make the draught, nor any other person except the class itself. Hence, however novel and subversive of all military and militia principles of procedure this provision may appear, I must conclude, that the classes alone are authorized to make the draught.

officers of the infantry, whose commands were much more compact. Besides, sir, I do conceive that you are imposing upon the commanders of infantry companies a duty which does not devolve upon them in virtue of their commissions, the oath they have taken, or the tenure of the office they hold. And, sir, if they should attempt to carry into effect the mandates of this bill, in regard to the members of select corps, I know of no constitutional, legal, or military principle which would enable them to do it. The officers and men composing these select corps, so far as I know, are honorable men, at all times willing to do their duty, and you must conceive, sir, that the degradation imposed upon them by this bill must be very mortifying to them.

That part of the third section which directs the commanders of battalions and regiments to make their returns of enrolments to the brigade inspector, is unmilitary and highly improper. It compels them to make their returns to an officer below them in rank, and that officer is directed to forward the returns to the adjutant general, passWill the classes make the draught under the ing by the brigadier generals and the major gennovel and extraordinary provisions of this bill? erals; officers eminently responsible for the corI imagine they will not, sir. First, because no rect performance of duty by all the officers and bounty is offered them for procuring their men by soldiers under their command, and who always contract; and, secondly, because no penalty what- have in their possession documents by which any ever is required of them for omitting to raise their attempt to commit a fraud can be checked and men by contract, nor for refusing to make the detected. By the provisions of the bill, you have draught. Sir, I will quit this part of the subject no check upon fraud except the oaths of the capfor the present, in order to make some further ob- tains of infantry. You require the adjutant genservations on the details of the bill; but I purpose eral, by the fourth section of the bill, to determine to touch upon it again before I sit down. how many men shall compose each class, and to By the third section of the bill, every command-apportion the classes and number of men to be ing officer of a company of infantry is called upon detached from the several brigades, regiments, or to enter upon his muster roll every person subject battalions. This is a new duty assigned to the to militia duty within the beat or district com- adjutant generals, and one which I should imaprehending his company, whether of artillery, gine they would not be very fond of discharging. cavalry, grenadiers, light infantry, volunteers, or When the adjutant generals have completed by whatever other denomination distinguished, the duty assigned them, they are to transmit which muster roll is to be made on oath and re- copies of their doings to the brigadiers, who are turned to the commander of the battalion or regi- charged with a transmittance of such copies to ment to which he belongs, and by such com- the commanding officers of regiments and battalmander to the brigade inspector, and by him to ions, leaving no responsibility for the correct disthe adjutant general of the State or Territory; tribution of the men to be draughted on the brigwhereupon, all the militia of every description adiers, nor upon the commanders of regiments or entered upon such muster roll shall in like man- battalions; but the commanders of companies are ner be subject to classification, for the purposes charged with dividing the men into classes, conof draught or contribution required by the act. formably to the number assigned to each class by the adjutant general. Here the militia part of the operation for raising your men ends. The captains are not charged with the duty of even informing the men how they are classed; they are not directed to keep a record of the classification, nor to make return of their doings to any superior officer. The classes are then left to perform all the remaining obligations of raising the men, and that too without being legally informed of whom they consist. Sir, the third and fourth sections of the bill appear to me to be not only destitute of every systematic military principle, but in open hostility to every military procedure heretofore in practice, or which ever can be practised with that degree of precision and certainty which the nature of this case seems to require.

In the first place, sir, I would inquire for what purpose the commanders of companies of infantry are called upon to enrol those of other corps? I know that it has been said, that the other corps being scattered over a more extensive territory, would not so expeditiously be called out by their own officers, as they would be by the provisions of this bill, against which statement I must most peremptorily protest. I have been a long time in the militia, and have had the superintendence of many draughts from it for public service, and I am compelled to assure you, that the officers of these select corps. to their honor be it spoken, have always on such occasions been active, persevering, and prompt, in procuring their men, and quite as early in making their returns as the