The Militia. It is, however, distinctly to be understood that, if the whole quota assigned to Connecticut had been called into service, it would have been proper to have committed the command to a Major General of the militia, who, in cases where he and a Brigadier General of the Army of the Uninited States acted together, would take the command of him. I have the honor to be, &c. Copy of a letter from T. H. Cushing, Brigadier Gene- New London, September 12, 1814. SIR: The enclosed copies, marked (a) (b) (c) and (d) will show you the situation in which am placed, with respect to the militia in the State of Connecticut, and that it will be impossible for me to repel any attack of the enemy within its limits, not directed against the forts in this harbor, or the very small and inconsiderable battery in the neighborhood of New Haven. The letter of Governor Smith was delivered to me yesterday morning, by the Aid of Major General Taylor. I inquired whether his General had been ordered into service by the Government of the United States, and assured him, if this was the case, I would, most cheerfully, resign to him, not only the command of the draughted militia, but of this military district. He replied that General Taylor had no such orders; but that he had been ordered by Governor Smith to take command of the draughted militia of Connecticut, in the service of the United States, and would immediately assume the command, and issue his orders agreeably to the Governor's in structions. The Brigadier requested a short time to make up his mind, as to the course he should pursue; and I heard nothing more from him until two o'clock this day, when his answer to my note was received, and the enclosed district order immediately issued. (a.) Copy of a letter from his Excellency John Cotton HARTFORD, Sept. 9, 1814. ment, Major General Taylor now goes to take SIR: Conformably to the original arrangethe command of the militia on duty at New London and its vicinity. He will retain or reduce their present number, according to existing circumstances. Upon this and other subjects, connected with the safety of those posts, he is instructed, and will be disposed to confer with you freely, and to promote, by all means in his power, that concert of operation on which the success of the service must essentially depend. (b.) Extract of a letter from Brigadier General Cushing to Brigadier General Lusk, commanding militis, dated MIL. DIST., No. 2, HEADQUARTers, New London, Sept. 12, 1814. SIR: The usual reports of the brigade of draughted militia under your command, in the to the Adjutant General of the district yesterday, service of the United States, were not delivered and report says that you have received, and are acting under, the orders of a militia officer, not in the service of the United States. It has, therefore, become necessary that you assign a reason, in writing, for withholding your reports, and contradict or admit the fact of your ders of an officer not in the service of the United having received, and actually executing, the or States. (c.) Copy of a letter from Brigadier General Lusk, of the militia, to Brigadier General Cushing, dated NEW LONDON, Sept. 12, 1814. SIR: I have the honor to acknowledge the receipt of your note of this morning. The following is an extract of the order of his Excellency the Captain General, dated the 28th of July, 1814: "The troops thus detached, are to be completely armed and equipped according to law, and, until otherwise directed, will be held in readiness to march at a moment's warning, for the purpose orders as they shall receive from the Commandof repelling invasions of the enemy, under such er-in-Chief." I understand that General Taylor is making arrangements for the supply of Lusk's brigade at this place, and in its neighborhood; and it will The following is an extract of a letter of inreadily occur to you that the power to call mili-struction to me, from Governor Smith, dated tia into service, vested in me by the President's Sharon, 11th August, 1814: proclamation, cannot be exercised to any benficial result, since, the moment such militia shall have assembled, in pursuance of my requisition, they will be taken from me by State authorities. I have the honor to be, sir, your most obedient servant, T. H. CUSHING. The Hon. JAMES MONROE, "You will inform General Cushing, by letter, of your state of readiness, and take his directions as to the route, and place or places of destination, and to conform to his instructions, until the arrival of Major General Taylor, who will take the command as soon as his health and the necessary arrangements will permit." In addition to the above, Major General Taylor issued his orders to me, under date of the 11th The Militia. of September, 1814, directing me to discontinue calling at the office of the Commanding General of the district for orders, and to obey no orders excepting such as shall be issued under the authority of this State. He has also required of me regularly to make report to him of the forces under my command. militia, alluded to in my last, until the 11th instant. It is now done, and the detachment organized, as per enclosed roll, and will be held in readiness to act, when, in my opinion, any of the exigencies provided for by the Constitution, and referred to by the late act of Congress, under which they are detached, exists, agreeably to the opinion and advice of the Council of this State, From a perusal of the foregoing extracts, you will readily infer the only answer to your inter-given me on the occasion. rogations which I have the power to make. (d.) Copy of District Orders, dated MIL. DIST., No. 2, HEADQUARTERS, New London, Sept. 12, 1814. The brigade of draughted militia from the State of Connecticut having been withdrawn from the service of the United States by his Excellency Governor Smith; and Brigadier General Lusk, the commanding officer of the said brigade, hav. ing refused to receive and obey the orders of the Brigadier General commanding this military district, no further supplies of any description are to be delivered to him, or his brigade, for and on account of the United States, without an express written order from the Brigadier General commanding, or from his superior officer, actually in the service of the United States. By order of the Commanding General. Copy of a letter from his Excellency William Jones to the Secretary of War, dated Extract of a letter from his Excellency William Jones, Governor of the State of Rhode Island, to the President of the United States, dated PROVIDENCE, June 29, 1814. The views of the General Assembly, the Council of War, and myself, will be discovered from the act of Assembly, passed at their late session, a copy of which Mr. Searle will present to you, with whom I request you will make all the necessary arrangements for carrying it into full effect. He will discuss the subject of his mission fully, and, I trust, to your satisfaction, so that the State will, by the assistance of the United States, be placed in a posture of defence, at least, against the predatory incursions of the enemy. Extract of a letter from Nathaniel Searle, jr., to the WASHINGTON CITY, July 6, 1814. The views of the General Assembly, of the Council of War, and of the Governor, will be clearly discovered, in relation to this subject, from PROVIDENCE, April 22, 1812. SIR: I have had the honor to receive your let an act of the Assembly, passed at their late June ter, under date of the 15th instant, requiring me session, a copy of which I herewith present. to take effectual measures to detach five hundred whose authority I am deputed, to solicit the peI beg leave, therefore, in behalf of the State by of the militia of Rhode Island, and that they beculiar attention of the President to her perilous armed and equipped for actual service within the and calamitous situation; to request of him a shortest period that circumstances will permit. and the prompt provision of a military force for reimbursement of the expenditures already made, her protection; or that he will furnish, herewith, pecuniary means by which she can place herself in an attitude of defence. The General Assembly of this State will be in session in a few days, when I shall embrace the earliest opportunity to lay the request before them. Copy of a letter from his Excellency William Jones to the Secretary of War, dated State of Rhode Island and Providence Plantations. PROVIDENCE, June 18, 1812. SIR: Your communication of the 12th instant IN GENERAL ASSEMBLY, came to hand by last evening's mail; and, in reJune Session, A. D. 1814. ply, permit me to state that, for the quota of mili- An Act providing for the defence of the State. tia required by the act of Congress of April 10, 1812, the General Assembly of this State, at their the authority thereof it is enacted, That his ExBe it enacted by the General Assembly, and_by session, in May last, ordered a return of our mili-cellency, the Governor, by and with the advice tia made on or before the 4th of July next, and that therefrom a draught of the number required will be made, as soon as practicable, and ready for service. Extract of a letter from his Excellency William Jones to the Secretary of War, dated PROVIDENCE, Aug. 22, 1812. I have not been able to obtain an entire return of the men draughted, as this State's quota of and consent of the Council of War, be and he is hereby authorized and requested to order into immediate service, according to the provisions of the Constitution, and of the laws of the United States, such portion of the militia and chartered companies of this State as he may think necessary for the defence of the most exposed parts thereof. SEC. 2. And be it further enacted, That his Excellency, the Governor, may draught or detach The Militia. the said militia, and chartered companies as he have been opened in different parts of the State, may think expedient; and that any private sol-officers appointed, and the recruiting service prodier of the militia, draughted or detached, may gresses in a manner and with a rapidity that furnish an able-bodied man as a substitute. promises success, SEC. 3. And be it further enacted, That each and every non-commissioned officer and private soldier shall receive two dollars per month, out of the general treasury, in addition to the pay allowed by the United States. SEC. 4. And be it further enacted, That his Excellency, the Governor, be and he is hereby requested to cause the draughted or detached militia and chartered companies to be relieved as often as the nature of the service will permit. SEC. 5. And be it further enacted, That all process, for the recovery of debt or taxes, against the non-commissioned officers and private soldiers, draughted or detached as aforesaid, shall be stayed during the time they are in service. SEC. 6. And be it further enacted, That his Excellency, the Governor, be authorized and empowered to raise a State corps, and to appoint officers therefor, as soon as the President of the United States consents to receive them into service for the defence of this State; and that the officers appointed as aforesaid be commissioned by his Excellency, the Governor, in the usual manner. Should we be disappointed, however, ia raising the number proposed by enlistment, the militia will be detached to make up the deficiency, for the defence of the State, according to the invitation of the President of the United States of the 4th of July last. Extract of a letter from his Excellency William Jones, Governor of the State of Rhode Island, to the Secretary of War, dated PROVIDENCE, Sept. 8, 1814. SIR: I am ready, as I have by letter and through the Adjutant General, Colonel Searle, repeatedly expressed to your department, to call out the militia, and particularly the five hundred men ordered by the President, on the 4th day of July last, as our quota of the ninety-three thousand five hundred men; but we are destitute of almost every necessary for the comfort and subsistence of those men, and for making them effective as soldiers. We are without tents, equipage, and provisions, and have a very inadequate supply of cannon, muskets, and ammunition. I have attempted to raise a corps of five hundred men, to be accepted as substitutes for our quota of the militia. In this I have not yet succeeded, having been able to enlist only about one hundred and fifty men, notwithstanding a bounty was offered by the State. I have also detached four compa SEC. 7. And be it further enacted, That his Excellency, the Governor, and Council of War, be authorized and requested to furnish to the towns most exposed, such ordnance, on travelling carriages, and such equipments and ammunition, as they shall think proper; and to furnish the militia with tumbrils for transporting their am-pies of militia for the defence of Newport, who munition. have been called into actual service, one company at a time, and who were agreed to be mustered under the authority of the United States, as appears by the letter of General Armstrong, dated SEC. 8. And be it further enacted, That his Excellency, the Governor, be authorized to draw on the general treasury for any sum not exceed ing ten thousand dollars, for the purpose of carry-July 9, 1814 Five companies of militia were ing this act into effect. A true copy. Witness: SAMUEL EDDY, Secretary. also called out by General Stanton, of Washington county, to assist in the defence of Stonington, in Connecticut. In the actual state of affairs, the militia must be draughted or detached to make up the five hundred men; and it may very Cush-force; but you must be perfectly sensible of the probably be necessary to call out a much larger inefficiency of any force, without further supplies of the munitions of war. Extract of a letter from Brigadier General T. H. D. Copy of a letter from his Excellency, William Pennington, Governor of the State of New Jersey, to the Secretary of War, dated TRENTON, October 29, 1814. SIR: I am informed that Governor Tompkins, as Governor of the State of New York, has taken command of the third military district of the United States; this district comprehends the prin Extract of a letter from his Excellency William Jones, cipal part of New Jersey, and between two and Governor of the State of Rhode Island, to the Sec-three thousand Jersey militia are now in actual retary of War, dated PROVIDENCE, August 15, 1814. Since the arrangement was entered into with you, relative to raising a State corps, rendezvous service in this district, at Sandy Hook, in the State of New Jersey. It might certainly appear, on first view, novel, at least, that a Governor of a State, as such, should have the command of the The Militia. militia of a neighboring State, within the actual territory of that State. I am far from entertaining a disposition, especially in the present state of our country, to throw the least obstruction in the way of the operations of the General Gov-serving in Maryland, and of North Carolina in ernment in any measure of defence which it may think proper to adopt, but I conceive it my duty to inquire as to the fact, and the views of the War Department on the subject. Copy of a letter from James Monroe, Secretary of War, alone is interested. The militia of one State, when called into the service of the United States, may be marched into another State. We have seen the militia of Pennsylvania and Virginia Virginia, with many other examples of a like kind. In all these instances, the militia officers go with their respective corps, and, as such, no discrimination can be made to the exclusion of the Governor of a State, commanding the militia of a State; like other militia officers, he may march with the troops of his State into another State, and retain there his appropriate command. either as commander of the district, or acting under another Governor, to whom the President has already given the command. SIR: I have had the honor to receive your Excellency's letter of the 29th ultimo, requiring Your Excellency will find these principles fully information whether Governor Tompkins, as Gov-illustrated, and more than fully established, by an ernor of the State of New York, has been ap-example which took place soon after the adoption pointed commander of the third military district, of the present Constitution. In the year 1794, comprehending a part of the State of New Jersey. when President WASHINGTON thought it proper, Your Excellency seems to doubt whether the on the certificate of a judge that an insurrection Governor of one State can have command of the existed in the western parts of Pennsylvania, to militia of another State, within the limits of the order the militia of other States there, to aid the latter; and it is to ascertain the views of the Gen- militia of that State in suppressing it, he comeral Government on that point that the inquiry mitted the command of the whole force to the has been made. Governor of a neighboring State, who commanded the Governor of Pennsylvania. The relative rank and command of the Governor employed in the service was settled by the President himself. The patriotic and national sentiments which you have expressed on this subject have afforded much satisfaction to the President, who desires that all the information which you have sought should be fully communicated. Governor Tompkins has been appointed commander of the military district of the United States, No. 3, by virtue of which his command extends to that part of the State of New Jersey, and to such of her militia, as have been called into the service of the United States within that limit. The city of New York being menaced by the enemy with a formidable invasion, and the United States not having a regular force to repel it, a large body of the militia were called into their service for the purpose. It was this circumstance which led to the appointment of Governor Tompkins to the command of the military district No. 3, he being, in the opinion of the President, well qualified for the trust. In general, it is not desirable to impose on the Governors of States the duty of commanding the militia of their respective States, when called into the service of the United States, where they supersede the officer of the latter, commanding the military district in which such State is, because, as Governors, they have other duties to perform, which might interfere, if they did not conflict, with those incident to such command. A Governor, for example, under the influence of local feeling, might think the danger more imminent than it really was, and call into the service of the United States a greater force than would be necessary. He might even set on foot expeditions which the General Government could not approve. It would be improper that the charges incident thereto should be defrayed by the United States. The Constitution contemplates the exercise of It is a well established principle, that, when the national authority, in contradistinction to that any portion of the militia are called into the ser- of the State, whenever the militia of a State are vice of the United States, the officers command-called into the service of the United States. The ing it ought to retain their command, and enter call must be made by the President, or by his auwith it into that service: a Colonel with his re-thority, to be obligatory on the nation. If made giment; a Brigadier with his brigade; a Major General with his division. On the same principle, when several divisions of the militia of any State are called into the service of the United States, the Governor of the State may be authorized to take the command of them, he being the highest officer of the militia in the State. In such a case the Governor of a State is viewed in his military character only. He becomes, it is true, the military commander, by virtue of his office as Governor; but every other feature of that character is lost in the service of the United States. They relate to his civil functions, in which the State 13th CoN. 3d SESS.-57 by the Governor of a State it is the act of the State, and obligatory on, it only. These objections, however, to the union of both trusts in the same person, did not apply to the employment of the Governor of New York. All the force necessary for the defence of that State had already been called for, by order of this Government, and put into the service of the United States; and although the Governor is authorized to dismiss a part of the militia, in certain cases, he is instructed not to call out any without a special sanction from this department. Your Excellency will observe, that the objec Capture of the British Fleet on Lake Champlain. tion to the command of the militia of a State by its Governor, when called into the service of the United States, does not apply except to cases in which the command of the military district of the United States is superseded. In every other case, even in those having that effect, under similar circumstances with that under consideration, such active, patriotic service, by persons so highly intrusted by their country, will be seen by the President with great interest and satisfaction. Its example could not fail to produce the happiest effect. I have the honor to be, &c. [Communicated to the Senate, October 6, 1814.] NAVY DEPARTMENT, Oct. 3, 1814. SIR: In compliance with your request I have now the honor to enclose copies of all the documents received from Captain Macdonough, in relation to the brilliant and extraordinary victory achieved by the United States' squadron under his command, over that of the enemy, in Plattsburg Bay, on Lake Champlain. This action, like that of its prototype on Lake Erie, cannot be portrayed in language corresponding with the universal and just admiration inspired by the exalted prowess, consummate skill, and cool persevering intrepidity, which will ever distinguish this splendid and memorable event, This, like those brilliant naval victories which preceded it, has its peculiar features, which mark it with a distinct character: It was fought at anchor. The firm, compact, and well-formed line, the preparations for all the evolutions of which the situation was susceptible, and the adroitness and decisive effect with which they were performed in the heat of battle, mark no less the judgment which planned than the valor and skill displayed in the execution. All these are heightened by the contemplation of a vigorous and greatly superior force moving down upon this line, in his own time, select ing his position, and choosing his distance, animated by the proximity of a powerful army, in co-operation, and stimulated by the settled confidence of victory. To view it in the abstract, it is not surpassed by any naval victory on record; to appreciate its results, it is perhaps, one of the most important events in the history of our country. That it will be justly estimated, and the victors duly honored by the Councils of the nation, the justice and liberality hitherto displayed, on similar occasions, is a sufficient pledge. I have the honor to be, very respectfully, sir, your obedient servant, Hon. CHARLES TAIT, W. JONES. U. S. SHIP SARATOGA, At anchor off Plattsburg, Sept. 13, 1814. SIR: By Lieutenant Commandant Cassin I have the honor to convey to you the flags of His Britannic Majesty's late squadron, captured, on the 11th instant, by the United States' squadron under my command. Also, my despatches relating to that occurrence, which would have been in your possession at an earlier period but for the difficulty in arranging the different statements. The squadron under my command now lies at Plattsburg: it will bear a considerable diminution, and leave a force sufficient to repel any attempt of the enemy in this quarter. I shall wait your order what to do with the whole or any part thereof; and, should it be consistent, I beg you will favor me with permission to leave the lake, and place me under the command of Commodore Decatur, at New York. My health, (being some time on the lake,) together with the almost certain inactivity of future naval operations here, are among the causes of this request for my removal. I have the honor to be, sir, with much respect, your most obedient servant, T. MACDONOUGH. Hon. WILLIAM JONES, Secretary of the Navy. U. S. Ship Saratoga, Plattsburg Bay, Sept. 13, 1814. SIR: I have the honor to give you the particulars of the action which took place on the 11th instant on this lake. For several days the enemy were on their way to Plattsburg by land and water, and it being understood that an attack would be made at the same time by their land and naval forces, I determined to await at anchor the approach of the latter. At 8 A. M. the lookout boat announced the approach of the enemy. At 9, he anchored in a line ahead, at about three hundred yards distance from my line; his ship opposed to the Saratoga, his brig to the Eagle, Captain Robert Henley, his galleys, thirteen in number, to the schooner, sloop, and a division of our galleys; one of his sloops assisting their ship and brig, the other assisting their galleys; our remaining galleys with the Saratoga and Eagle. In this situation, the whole force, on both sides, became engaged, the |