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November, 1814.
Militia of the United States.

SENATE. assigned to the several inspectors of the Navy, may be I have the honor to be, with the highest respect, sir, classed as follows:

your obedient servant, 1st Class. Comprehending the general correspond

W. JONES. ence of the board, and preparation of all the reports,

Hon. PRESIDENT OF SENATE. estimates, and statements, required by the Department; MILITIA OF THE UNITED STATES. and the communication of such propositions and in The Senate resumed, as in Committee of the formation to the Secretary of the Navy, as the board Whole, the consideration of the bill to authorize may deem interesting, and, also, the general charge the President of the United States to call upon and direction of the flotilla service on the New Orleans the several States and Territories thereof for their station.

respective quotas of thousand militia for the 2d Class. Comprehending the general military cor-defence of the frontiers of the United States. respondence with all the officers of the Navy; the roll Mr. Varnum addressed the President as folof the officers of the Navy, and record of their services, lows: Sir, I am deeply impressed with the immerits, and qualifications, to be kept on the files of the portance of the present crisis of our national conboard orders for courts of inquiry and courts martial, cerns, and the importance of the adoption of strong and the preparation of all the documents and state, and energetic measures, well calculated to meet charge and direction of the flotilla service on the South- and repulse the force which the enemy contemern station, viz: Georgia, South Carolina, North Caro- plate placing in the field against us. And, sir, no lina, and Norfolk.

man in this Senate will go further than I shall 3d Class. Comprehending the direction of ordnance

feel disposed to go to effectuate the object which and transportation; the general superintendence of the must be dear to every friend of the nation and foundries, laboratories, armories, and other works con

the rights of the people, to repulse our enemy in nected with the naval ordnance department; and the the field, procure a just and equitable adjustment inspection and proof of arms, ammunition, &c. The of the differences between the two nations, and direction of the transportation of all persons, stores, produce an honorable peace, provided the meaand provisions of the Navy, by land and water; and sures pursued shall appear to me to be founded in the general charge and direction of the flotilla service justice and equity. in the Patapsco and Delaware, and at New York. I am fully aware of the great responsibility

4th Class. Comprehending the victualling and sus- which rests on the Government of the United tenance, including purser's, medical, and hospital States at the present crisis. The Constitution havstores; also, the general charge and direction of the ing confided the defence of the country to the Genflotilla service, on all the naval stations, from New eral Goveroment, and clothed it with authority York eastward, and on Lake Champlain.

to call upon the physical force of the nation to aid 5th Class. Comprehending the supply of hemp, in making such defence, and to draw on the fiscal yarns, cordage, sail duck, iron and other metals, anchors, and all other equipments and materials required to meet the expenses necessarily incurred in mak

resources of the country for a revenue sufficient for the service, except those which are included in the ing defence, Congress are at this period most imforegoing classes, and in the constructor's department; and, also, the general charge and direction of the ser

periously bound, upon their responsibility, and in vice on Lake Ontario, and the upper lakes.

discharge of their important duty, to adopt meaThe superintendence and direction of these five sures commensurate with the exigencies of the classes of objects would be distributed among the five nation; and I am fully sensible of the necessity inspectors.

of providing a large and ample military force béThe department of construction, under the direction fore the opening of the nexi campaign. But, sir, of the Secretary of the Navy, and of the board of in the raising such forces should be predicated on spectors, would prepare all the draughts, plans, and ground which cannot fail of bringing it into the instructions, for the building of all the vessels of the field early in the Spring; it ought to be placed on Navy; construct the models, and, when approved, principles the.best calculated to do equal justice direct and superintend, under the control of the board) to all classes of your citizens. In that way alone of inspectors, the building and repairing of the ships, you will insure the confidence of the people, enlist vessels, boats, the formation of masts, spars, &c., iheir feelings, and secure their aid in carrying and the contracting for and procuring all the materials your system into effect. Surely, sir, these desiof wood, and of copper, in pigs, bolts, and sheets, ne-rable qualities are not to be found in the bill hecessary for the supply of the Navy; construct from the fore you. lines, in the mould loft, all the moulds requisite for moulding and bevelling the timber in the forest, undertaken on this occasion. I must be permitted to re

To endeavor to substantiate the position I have the direction of skilful persons to be employed by the constructor for that purpose; and superintend the con is not my intention to implicate the motives or

cur to the provisions of the bill. in doing this, it struction of the wharves, ships, workshops, and engines, required in building and repairing ships of war. abilities of the committee who reported the bill, It is a copious subject, in which it is difficult to

nor of those gentlemen who have supported it on combine brevity with perspicuity.

this floor; but the bill being public property, the My aim has been to provide a practical, efficient, and errors which it contains are fair subjects of anieconomical system, with as much individual and col-madversion-nor shall I attempt a reply to the lective responsibility as may be attainable; and I feel fine theoretical arguments which have been made a persuasion that the result would not greatly disap- use of in support of the bill; but will endeavor to point the estimate I have formed; the wisdom of the point out some of its defects, and my ideas of the Senate will better appreciate its merits.

most practicable remedy for those defects.

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- deni 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 ihis 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 distribulion 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 ihan 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, lo do all in their power, to repulse General WASHINGTON, and by the Congress of the invasion of the enemy at every point-and 10 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 in politic, 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 ihe 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 fiod, 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 chagrio in every breast, entertain on the uniform practice of all the various Governing the same impresions on the subject which I do. mnents 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 draughi, 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 contess is a novel idea to me, introduction of the bill under consideration. And and I do believe it will be so to the nation. 1 I very much fear, sir, that the violation of the have lived to see draughts from the militia, under priociple which the bill proposes to introduce, a colonial system, when the United States were will not sit very well on the minds of the people. colonies to Great Britain. I have seen and par- Surely, sir, this is not a time to introduce new ticipated in the raising of men for public service, principles which are in any degree calculated to by draught and otherwise, from the commence- alienaie the people, or any part of them, from a ment of the Revolutionary war up to the present vigorous defence of our national rights. I contime, and in no instance, which has come within sider this system of draughting militiamen for iwo my knowledge, has there been a draught from the years' service, to be unnecessary, unequal, and militia, for a longer term than nine months; and unjust. If the nation wish for an additional force generally the terms of service have been much to the amount, and for the term mentioned in the shorter than nine months.

bill, why not proffer terms adequate to procure No such unreasonable exercise of power, as I it, and make it a part of the regular army? Alconceive to be contained in this bill, ever was though I admit, that the General Government attempted under our former Colonial Govern- have power, by ihe Constitution under which we ments; notwithstanding such attempts might have act, to call on a part, or all the physical force of been fostered by the Monarchical Government the nation for the defence of its rights, when neunder which we ihen acted. No such attempt was cessary; yet, sir, I contend, that this power ought made during the Revolutionary war, notwith. to be exercised under a sound discretion, calculastanding our very existence as a nation much de- ted, as near as may be, 10 do equal justice. But peoded upon our placing a competent pumber of this bill presents to my mind a very different asmen in the field. No such attempt has been made pect. It disregards the system of equality for since the close of the Revolutionary war, until it military services among our citizens, and violates made its appearance in the bill before you. Sir, let the principle of rotation in regard to those services, us examine the law passed in 1795, authorizing the which has been held sacred by those who have President of the United States to call out the mi- gone before us, and which I consider imperiously litia for the purposes designated by the Constitu- binding upon us. lion. By that law we find, that such was the del The second section of the bill provides for class


Militia of the United States.


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ing the whole of the militia, so that each class tachment, while those who hold two-thirds of the shall furnish one man by draught or contract for property of the nation, if my ideas upon that subtwo years.

jeci be correct, are not to be called upon to pay a This mode of classification, I contend, is un- cent. I can see no reason for this discrimination; equal and unjust, as it includes those only who I conceive it to be founded in error of so deep a are enrolled in the militia, and excludes all those die as to materially impede our operations of dewho are not enrolled in the militia. The very fence, if not to defeat them allogether. Pray, sir, act of classing the militia, and calling upon each what reason can be given why the rich merchant, class to furnish one man for two years, clearly the wealthy farmer, the opulent professional gendemonstrates that the Government is aware that tleman, those citizens holding property who are the pay given by the public is not sufficient to over the age of forty-five years, and all those citibring the men into the field for such length of zeps between the ages of eighteen and forty-five, time. This fact is corroborated by the provision who have been exempted from militia duty by the in the first section of the bill which apportion laws of the United States, and of individual the men to be raised amongst the States and Ter- States, should be exempted from a participation ritories upon the principle of representation and in the extra expense of this draught? I confess I direct taxation. In this principle, distributive can see none, nor have I heard of but one atjustice is properly regarded as it relates to the tempted to be given; that was, that the militia States and Terriiories. But, sir, it is entirely were called on by this bill to render personal serabandoned as it relates to the people at large, bý vice, and not for pecuniary aid. But, sir, that your mode of classification.

assertion is proved to be fallacious by the bill If the situation of the nation has become such itself. lo 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 model' spective classes, in all cases where any class of doing it would be to ioclude in your classes all may furnish a militiaman by contract, it shall the taxable polls, and all the taxable properly 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, lo 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 io 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 io 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 lives? The first provides, " that if any State or may possess, in a sum sufficient, at all events, 10 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 ihereof, 'for an equal or of a faithful officer, who would not fail to procure longer term of service, the same shall be rethe man.

ceived into the service of the United States in This is a mode of classification similar to the substitution of the same number of militia called one adopted in the Revolutionary war, which for by this act; and in that case the draught was generally satisfactory, Contrast this system shall so far cease to take effect." I must conwith the one contained in the bill before you, ress, sir, that this alternative does not, in my view, and let every man judge which of them ought to present such beneficial features, as some gentlebe preferred.

men have imagined were contained in it. It is la the one case, all the persons and property in to be sure a modest appeal to the patriotism of the nation would be called upon to disburse a the States and Territories to furnish their quotas due proportion of the national expense; and, in of the men to be raised, pretty much of the nathe other case, the persons enrolled in the militia iure of a recommendation under the old articles only are to bear the expense of raising and get- of Confederation, when Congress had power to ting into the field eighty thousand troops, to serve 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 Terproperly which is to be defended; and yet, sir, ritories have not thought proper to furnish the ibis 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

for two years.


Militia of the United States.


the field, you will have to commence raising them officers of the infantry, whose commands were by the dilatory and very uncertain modes pointed much more compact. Besides, sir, I do conceive out by the bill. Your militia must be then classed, that you are imposing upon the commanders of and each class is to furnish a man by contract or infaniry companies a duty which does not dedraught; here again the bill appeals to the patriot. volve upon them in virtue of their commissions, ism of the classes, and tells them if they will each lhe oath they have taken, or the tenure of the furnish a man by contract, they will be exempt office they hold. And, sir, if they should attempt from the draughi. Well, sir, what if the patriot- to carry into effect the mandates of this bill, in ism of the classes should not be sufficiently strong regard io the members of select corps, I know of to induce them to procure their man by contract? no constitutional, legal, or military principle The only remedy which the bill provides in that which would enabie them to do it. The officers case is, for them to resort to the draught. Sir, and men composing these select corps, so far as I who is authorized to make this draughi? I find, know, are honorable men, at all times willing to by the second and fourth sections of the bill, that do their duty, and you must conceive, sir, that the classes are each imperatively called on to furthe degradation imposed upon them by this bill pish a man for two years, either by draught or must be very mortifying to them. contract. I find no militia officer authorized to That part of the third section which directs the make the draught, nor any other person except commanders of battalions and regiments to make the class itself. Hence, however novel and sub- their returns of enrolments to the brigade inversive of all military and militia principles of spector, is unmilitary and highly improper. It procedure this provisión may appear, I must con- compels them to make their returns to an officer clude, that the classes alone are authorized to below them in rank, and that officer is directed to make the draught.

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 duiy 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, lighi infantry, volunteers, or When the adjutant generals have completed by whatever other denomination distinguished, the duty assigned thein, 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 acı. 'formably to the number assigned to each class by

In the first place, sir, I would inquire for what the adjutant general. Here the militia part of purpose the commanders of companies of infantry the operation for raising your men ends. The are called upon to enrol those of other corps ? I captains are not charged with the duty of even koow that it has been said, that the other corps informing the men how they are classed; they being scattered over a more extensive territory, are not directed to keep a record of the classificawould not so expeditiously be called out by their lion, nor to make return of their doings to any own officers, as ihey would be by the provisions superior officer. The classes are then left to perof tbis bill, against which statement I must most form all the remaining obligations of raising the peremptorily protest. I have been a long time in men, and that 100 without being legally informed the militia, and have had the superintendence of of whom they consist. Sir, the third and fourth many draughts from it for public service, and I sections of the bill appear to me to be not only am compelled to assure you, that the officers of destitute of every systematic military principle, these select corps, to their honor be it spoken, but in open hostilily to every military procedure have always on such occasiops been active, per- heretofore in practice, or which ever can be pracsevering, and prompt, in procuring their men, tised with that degree of precision and certainty and quite as early in making their returns as the l which the nature of this case seems to require.

Militia of the United States.

SENATE. A new path is taken upon ground which I believe in the detachment are detailed from the diyision, was never occupied before, neither in this or any brigade, and regimental and battalion rosters, acother country. upon a similar occasion. The recording to their rank and standing on the roster sponsibility of your principal militia officers is for duty, and are all included in the general dispensed with, and the whole ground appears 10 return. me to be enveloped in doubt and uncertainty; All these pass through the hands of the several whereas it must be acknowledged, that the crisis grades of officers which I hare named, up to the demands the adoption of the most prompt, expe- Governor. The major generals, brigadiers, and ditious, and certain mode practicable for raising commanders of regiments and battalions have the men and preparing them for the field, and their respective staff officers attached to them, this can only be done by pursuing the correct whose duiy it is to assist in apportioning the men, military system heretofore uniformly practised io copying and distributing the orders, in digest upon in raising men by draught. Permit me to ing, arranging, and transmitting returns, and of state it, sir. The President of the United States keeping a fair record of all orders, returns, and of calls on the Executive of a State (say Massachu- all other official proceedings of the commanders setis, if you please) for a due proportion of the of the said corps in their said capacities; but the men to be raised. The Executive of the State commanding officers of corps are responsible for always has before him, deposited in the adjutant the accuracy of the apportionment, the correctgeneral's office, the number of men contained in ness of the returns, and all other official transaceach division and brigade in the State; the Gov. tions done and performed by them. I should not ernor calls on the adjutant general, as one of his have troubled the Senate with these details, had staff, to apportion the whole number of men called I not been deeply itnpressed with the idea'ibat for among the several divisions, according to their the arrangement for raising the men pointed out number; for the correctness of the apportion by the bill is wholly impracticable, and that a ment the Governor bolds himself responsible; and, better course might and ought to be pursued. as commander-in-chief of the militia, he issues The mode of procedure which I have named, I his general order, containing the apportionment conceive to be founded in strict military princiamong all the divisions, directing the major gen- ples. It engages the assistance and retains the erals, or commanders of divisions, to cause the responsibility which by law is justly imposed men assigned to their respective divisions to be upon every officer of the militia, from the Govraised agreeably to the principles of the law un ernor to the commander of a company. It secures der which they are to be raised. The major to you ample means for correcting any error, and general apportions the men assigned to his di- for detecting any fraud which may take place in vision among the brigades composing the division, the apportionment, raising the men, or in the reaccording to their numbers, and adds his division turns. It affords means by which the Governorders, directing the brigadiers to cause the men ment can at all times ascertain the exact number assigned to their respective brigades to be raised of men which they have engaged for the public in like manner. Each brigadier apportions the service, easy and generally well understood. men to be raised in his brigade among the regi Sir, in regard to the fifth section of the bill, I ments and battalions composing the brigade, ac will only say, that the organization of the men cording to their numbers, and adds his brigade detached into divisions, brigades, regiments, and orders, directing the commanding officers of regi- companies, would, in my opinion, be more propments and battalions to cause the men assigned erly vested in the Governors of the States and to their respective regiments or battalions io be Territories, than in the President of the United raised in like manner. Each commanding officer States. The Governors must know better than of a regiment or battalion apportions the men the President can know, the local situation of the assigned to his regiment or battalion among the officers detailed and men detached, and consecompanies composing such regiment or battalion, quently are better qualified to organize them to according to their numbers, and adds his regi- their satisfaction, and in a manner the most usemental or battalion orders, directing the captains ful to the public service. or commanding officers of companies composing

The sixih section very properly provides for inhis regiment or battalion to raise the men as-flicting a penalty on the officers and soldiers who signed to them, respectively, in like manner, and shall fail to obey the orders of a proper officer for to make return to him of their doing therein carrying into effect any provision of the bill; but within a given time, together with the names of this provision must be considered as applying 10 the men so raised. All the orders and apportion those officers and soldiers only, who have been ments, from the Governor down, are transmitted detailed or detached, if it be true, that the Govto the commanders of companies, and by them ernment of the United States have no power to inread to their respective companies, and recorded fict punishment on the militia until they are in the orderly book of the company, which is al- called into the service of the United States, and ways open to the inspection of any person who therefore cannot attach to any of the officers or may think himself aggrieved by the doings of soldiers of the militia who may not have been any superior officer, and for correcting any other detached or detailed. error which may be supposed to have been com The seventh section of the bill provides, that mitted in the course of any official transaction of the militia to be raised under this bill shall not any officer of the line. The officers to command I be compelled to serve beyond the limits of the

13th Con. 3d Sess.-3

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