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duty, of wbich it is a part; it is to say that a respective limits the authorities, rights, and part contains the whole.
liberties appertaining to them.” To repel invasion is to drive back and resist “It is said, that Congress are, by the constithat which has already happened. To protect tution, to protect each State against invasion, against invasion is to prevent its happening, to and that the means of preventing are included secure against its existence. The one act is in the power of protection against it." against an event that has occurred—the other “The power of war in general having been is to ensure and guard against the occurrence before granted by the constitution, this clause of such an event.
must either be a mere specification, for greater To protect against invasion, is to erect for- caution and certainty, of which there are other tresses, to have them well manned, and sup- examples in the constitution, or be the injuncplied with all requisite stores, to provide and tion of a duty, superadded to a grant of power, equip ships of war, to have an army and navy | Under either explanation, it cannot enlarge the well organized and disciplined, in peace and in powers of Congress on the subject. The power war. To repel invasion is one specific act of, and duty to protect each State against an inwar, against another act of the like character, vading enemy would be the same, under the
To repel invasion is one part of the duty of general powers, if this regard to greater caution providing for the common defence, and for this had been omitted." part a particular force is granted. To say that “Invasion is an operation of war. To protect a grant of this force, for this special service, against invasion is an exercise of the power of includes a grant of the same force for the pur- war. A power, therefore, not incident to war, poses of protection and defence, is to say that cannot be incident to a particular modification a grant for one purpose, is a grant for another, of war, And as the removal of alien friends and for every purpose, and that the grant of a has appeared to be no incident to a general limited is the grant of a general authority. This state of war, it cannot be incident to a parwould be both illogical and irrational. And if | tial state, or to a particular modification of under the limitations, which were intended to war." control the powers granted to the government “Nor can it ever be granted, that a power to of the United States, and especially under the act on a case, when it actually occurs, includes express limitation, viz. “that powers not dele- a power over all the means that may tend gated to the United States by the constitution, to prevent the occurrence of the case. Such nor prohibited by it to the States, are reserved | a latitude of construction would render unato the States, or to the people," such construc-vailing every practicable definition of limited tion may be adopted, there remains no security powers."* for any right reserved to the States, or to the If the observations which I have made, are people.
founded on truth, and justified by the constituHowever conclusive this reasoning may be, ' tion, the following positions are established, it is not to be presumed that, after the strides viz. : of power in which the spirit of party has in- That the United States have no right to dulged, it will have any effect on those who call on the several States for militia to perform direct the affairs of this country ; I will, sir, any act of war, but to repel invasion. however, refer to opinions and authorities in That to defend the ports and harbors of confirmation of what has been advanced, that Massachusetts and Rhode Island, the purpose to many gentlemen did not formally admit for which the militia was required in 1812, is either of exception or appeal.
not within the power delegated by the constiThese are to be found in the resolutions and tution to provide for calling forth the militia to arguments of the legislature of Virginia, and repel invasion. In the case alluded to in 1812, of Mr. Madison, one of that legislature in the it was not declared by the President, nor even years 1799 and 1800. I refer the Senate to the pretended by his officers, that any invasion was third resolution passed by that body, and fram- made. In fact, no invasion was attempted until ed by the pen of the President, in the words two years after this time. If the United States following:
had no authority to make the requisition, the “3. Resolved, That this Assembly doth expli-| governor would have betrayed his duty to the citly and peremptorily declare, that it views State, in complying with the demand. the powers of the Federal Government, as re- That the United States had no such authority, sulting from the compact to which the States I think evident from the examination that has are parties, submitted by the plain sense and been made of the powers delegated by the conintention of the instrument constituting that stitution. And the State of Massachusetts, incompact, as no further valid than they are au- stead of being a just object of censure, by the thorized by the grants enumerated in that con- United States, has a well-founded complaint tract; and that in case of a deliberate, palpa- against their government, for an attempt to ble, and dangerous exercise of other power not usurp her rights and invade her prerogative. granted by the same compacts, the States who are parties thereto have a right and are in duty * See proceedings in the House of Delegates of Virginia bound to interpose, for arresting the progress on the 7th January, 1800, on the resolutions of the General of the evil, and for maintaining within their | Assembly of December 21st, 1798.
A question has sometimes been suggested, requested a detachment of eleven hundred miliwhether the governor of a State has a right to tia to occupy the fort and harbor of Boston. judge if the requisition be within the provisions Governor Strong, although under no constiof the constitution. A little reflection on the tutional obligation to call forth the militia for nature of the Government of the United States, the purposes required, yet seeing the forlorn and of a State, and of the relation in which the condition of the country, the vast property of supreme executive of the latter stands to the the United States in the navy yard, a ship-ofUnited States, and to the citizens of his particu- the-line nearly completed, and a frigate all lar State, will show that he is obliged to exam- abandoned by the government to the mercy of ine, if the case for which the requisition is the enemy-at the same time that these offered made, be within the provisions of the constitu- to him great temptations to attack and destroy tion, and if the purposes for which it is declared the capital of the State and its environs—and are manifestly not within the powers delegated feeling authorized by the resolution of the legisby that instrument, to withhold a compliance. | lature of Massachusetts, detached the militia, in
The government of the United States can confidence that the agreement made with Genexercise no powers not granted by the consti- eral Cushing would be fulfilled. tution; and so far as this government can sup- At the end of their term of service, these men port such as it claims on this charter, it is were offered an uncurrent and depreciated pasovereign, and has no other control than its per, as their only compensation. own discretion.
In the beginning of September, General DearThe government of the several States is born notified the governor that the enemy had equally sovereign with respect to every power | taken possession of a considerable part of the of an independent State, which it has not dele- State of Massachusetts, and requested a detachgated by the same instrument to the United ment of the militia, for the purpose of protectStates, or which is not thereby prohibited to ing and defending such parts of that State, and the several States. It is, also, a sacred duty of New Hampshire, as were not in the occupation the governments of the several States, to pre- of the enemy. serve unimpaired every right and authority Such complaints and objections had arisen retained by the State, either in its corporate in executing the order of July, that the gover. capacity, or for its individual citizens. Whether nor, although he issued an order for troops, the militia, the peculiar force of the several found himself obliged to place the detachment States, and that which is to protect and defend under the command of a major-general of the every right and power they possess, is called militia. forth by the United States according to the The governor immediately addressed a letter provisions which they made, in delegating to to the Secretary of State, requesting to know this government its powers, must of necessity from the President if the expenses, thus neces. ? be a question between two sovereign independ- sarily incurred for the protection of the State, ent governments, and on which there is no would be ultimately reimbursed to that State tribunal authorized to judge between them. | by the United States. And if the governors, who are commanders-in- The answer was, that if the force thus put chief of the militia of the several States, should into service by the governor had been required surrender this force to the United States, in a by General Dearborn, or received by him, and case not authorized by the constitution, they put under his command, the expenses attending would betray the trust confided to them by the it would be defrayed by the United States. If citizens of their States. They must, therefore, otherwise, in either of these particulars, the examine the case when called upon, and decide United States were not chargeable with the according to their duty as prescribed by the expense. Constitution of the United States, and that of Here is a distinct and plain case, in which the their particular State shall demand.
United States had neglected that protection General Cushing, while superintendent of the which they were expressly bound to afford the military district in which Massachusetts is situ- State, and thereby occasioned the loss of a fifth ated, informed Governor Strong that he ex-part of its territory;* and then called upon the pected an order from the President of the State itself to protect the remaining territory. United States, to request a detachment of mili- The State obeyed the call, and reserved only tia for the defence of the sea-coast, and particu- that right which the constitution, in express larly of Boston. That he had not more troops terms, reserved, viz., the appointment of officers than sufficient to man one of the forts, and pro- to command the militia required; and the posed that one should be occupied by the mili- United States say this expense must be borne tia, and that, while out, they should be subject by the State, and that they will not reimburse to the command of no officer of the United the amount, because the militia is not placed States, except the superintendent of the district. The governor acceded to the proposal.
* There were, at the attack and capture of Castine, twentyGeneral Dearborn shortly after superseded
eight men and a Lieutenant in the fort. This was all the General Cushing, and on the 8th of July, by
protection for one of the most important harbors and rivers order of the President, and in confirmation of of the United States, and affording the best situation for a the expectation of Brigadier-General Cushing, naval depot for Great Britain.
under the command of an officer of the United | She is now called on by this bill for $632,041 States. *
to defend other parts of the territory of the For this act of injustice, for this neglect of | United States, and her citizens, more exposed duty in the United States towards the State of than any other, are left to provide for their own Massachusetts, for this abandonment of terri- defence. tory to the violence of the enemy, I have never They who calculated on the ability of Massaheard the smallest apology.
chusetts to pay, from the exactness and punctuI forbear to mention the rights of the State, ality which she has heretofore observed in the the necessity to which this wanton abandon- discharge of taxes, will recollect, that her ment by those who ought to protect them may faculty to meet the demands of the Treasury, reduce the inhabitants. The laws of self-pre- even in times the most prosperous, arose princi servation and of nature, confirmed by that of pally from the daring enterprise, unrivalled in nations, afford the rule for any member of a dustry, and rigid economy of the inhabitants confederacy thus deserted and forsaken
that her resources are now annihilated, and she I most earnestly hope, that although cruelly is borne down by obloquy, insult, and oppres deserted by the government, which contrary to sion. their entreaties brought them into this perilous They who have observed the patience wherecondition, that citizens of the country may be with she has submitted to see the public treasure able to defend themselves. They will do all squandered, to purchase slanders against her that men can do under their circunstances. citizens, and notwithstanding a complete failure But I am confident, that if this tax be collected by the full confession of the hireling, that these there, and paid into the Treasury of the United citizens were so far beyond all temptation as States, for the exclusive support and defence of not even to be approached for dishonorable others, they will be destitute of the means of purposes, has been subject to the most demaking any adequate resistance. I cannot, grading insinuations, from the first authority; therefore, vote for this bill.
who have witnessed all the resources of her The present year the Commonwealth has ex- wealth, all the means of her industry, the obpended more than $700,000 in her own defence. ject of unabating persecution from the govern
ment, and her possessions coldly and expressly * In the military district, No. 1, which included New
abandoned, by the same authority, to the depreHampshire and Massachusetts, there were less than one
dations and seizure of the enemy, may conceive
that taxes like these will still be paid for the thousand three hundred men. These were scattered over an extensive tract of country. In the forts in Boston barbor,
exclusive protection of others; but if gentlethere were not two hundred and sixty men, and in the other
men will only condescend to view the people forts in the State a very small corps, inadequate to any de
of this country as their brethren, as freemen, lence. There was, however, a major-general, a brigadier. as men, they must come to the conclusion that. general, and several colonels. In no one place were there had they the means, they could not possibly men enough to constitute a colonel's command.
have the will.
SA-GO-YE-WAT-NA, or He-keeps-them-awake, * "the last of the Senecas," is said to have been porn at a place called Old Castle, at the foot of the Seneca Lake, near the present lovely village of Geneva. His early history exists only in tradition, which says, “ that at the age of seventeen, his abilities, especially his activity in the chase, and his remarkably tenacious memory, attracted the esteem and admiration of his tribe, and he was frequently employed during the war of the Revolution, as a runner, to carry despatches,” for the British officers who were engaged on the border service. “In that contest,” says the author above quoted," he took little or no part as a warrior; and it would appear that, like his celebrated predecessors in rhetorical fame, Demosthenes and Cicero, he better understood how to rouse his countrymen to war than to lead them to victory.” Some incidents relating to his slender military career during the invasion of the Genesee country by General Sullivan, account for the reputation he bore for cowardice, and the enmity and contempt he experienced from the Mohawk chief Brant. After the battle of Newtown, which was so disastrous to the Indians, Red Jacket was accustomed to hold private councils with the young warriors, and some of the more timid sachems, the object of which was to persuade them to sue for peace, and at one time he so far succeeded as to induce them to send privately, and without the knowledge of the principal war chiefs, a runner into General Sullivan's camp, to make known to him the spirit of dissatisfaction and division that prevailed among the Indians, and to invite him to send a flag of truce with certain propositions calculated to increase their divisions and produce a dishonorable peace. Brant, who was privately informed of all these proceedings, and fearing the consequences of disclosing and attempting to suppress them by forcible means, despatched secretly two confidential warriors to waylay the flag on its return from the American camp, and to put the bearer of it to death, and return with his despatches. This was done with true Indian adroitness, and the purposes of the Seneca chief were thereby frustrated. + During the same campaign an attempt was made by Cornplanter, to oppose General Sullivan's forces on the beach of the Canandaigua lake. “On the approach of the Americans, a small number of the Indians, among whom was Red Jacket, began to retreat. Cornplanter exerted himself to rally them. He sprang in front of Red Jacket and endeavored to persuade him to fight—but in vain. Whereupon the indignant chief, turning to the young wife of the recreant warrior, exclaimel- Ieave that man-he is a coward.'"
* His name of “Red Jacket," by which he was so long familiarly known among the white people, is said to have been acquired in the following manner: During the war just mentioned, his activity and intelligence attracted the attention of several officers in the service of the British crown, and acquired for him their friendship. One of them, either as a compliment, or for services rendered, “presented him with a richly embroidered scarlet jacket, which he took great pride in wearing. When this was worn out, he was presented with another; and he continued to wear this peculiar dress until it became a mark of distinction, and gave him the name by which he was afterward best known. At the treaty of 1794, held at Canandaigua, Captain Parish, one of the interpreters in the service of the United States, gave him another red jacket, to perpetuate tho name to which he was so much attached.'"-Sketch of Red Jacket, in M Kenney's Indian Biography. + Life of Joseph Brant, Ly William L. Stono, vol. 2, page 85. History of the Indian Tribes of North America, &c., 'y Th mas L. M'Kenne and James Hall vol. 1, page 4.
From this period until the treaty of Fort Stanwix, in the year 1784, the history of Red Jacket is lost. At what time he attained his chieftainship is not known. The Six Nations were lovers of eloquence and cultivators of that art.* Red Jacket's intellect was of a superior order. He was an orator by nature, and, moreover, as artful and ambitious as he was eloquent. Aspiring to the rank of a chief, he not only wrought upon the minds of his people by the exertion of that faculty, which was ever with them a high standard of merit, but he succeeded in availing himself of the superstitious constitution of his race, to effect his purpose. His first essay was to dream that he was, or should be a chief, and that the Great Spirit was angry that his nation had not advanced him to that dignity. This dream, with the necessary variations, was repeated, until, fortunately for him the small-pox broke out among the Senecas. He then proclaimed the loathsome infliction a judgment sent by the Great Spirit, to punish them for their ingratitude to him. The consequence was, that by administering flattery to some, and working upon the superstitious fears of others, and by awakening the admiration of all by his eloquence, he reached the goal of his ambition. Hence his appearance in the council at Fort Stanwix. On that occasion he was opposed to the treaty of peace, unless the several tribes not included in the Six Nations, might be invited to join the council. His speech on that occasion is characterized, “as a master-piece of oratory," and it has been asserted that every warrior present was carried away by his eloquence. But the commissioners would not listen to such a proposition; and Cornplanter, who was an old and wise man, though less eloquent than Red Jacket, succeeded in giving a favorable termination to the negotiation.t
Cornplanter's agency in the treaty operated unfavorably upon his character, and weakened his influence with his tribe. Aware that Red Jacket was taking advantage of this circumstance to elevate himself in the estimation of his people, he resolved on counteracting him. For this purpose he ordained one of his brothers a prophet, and set him at work to pow-wow against his rival and his followers. A council was held at Buffalo Creek, New York, and Red Jacket was assailed in the midst of the tribe, by all those arts that are known to be so powerful over the saperstition of the Indian. “At this crisis,” says De Witt Clinton, “Red Jacket well knew that the future color of his life depended upon the powers of his mind. He spoke in his defence for near three hours-the iron brow of superstition relented under the magic of his eloquence. He declared the prophet an impostor and a cheat—he prevailed--the Indians divided, and a small majority appeared in his favor. Perhaps the annals of history cannot furnish a more conspicuous instance of the power and triumph of oratory in a barbarous nation, devoted to superstition, and looking up to the accuser as a delegated minister of the Almighty."
In the war of 1812, Red Jacket was disposed to remain neutral, but being overruled by his tribe, engaged in the cause of the Americans, in consequence of an argument which occurred to him, that, “if the British succeed, they will take our country from us; if the Americans drive them back, they will claim our land by right of conquest.” His career in that contest redeemed his character from those charges of weakness and cowardice, which had been bestowed upon it during his early years. Opposed to war, not ambitious of martial fame, and unskilled in military affairs, he went to battle from principle, and met its perils with the spirit of a veteran warrior, while he shrunk from its cruelties with the sensibility of a man and a philosopher.
Several interesting anecdotes, which illustrate the character and eloquence of Red Jacket, are preserved in M‘Kenney and Hall's valuable work before referred to, from which the following are extracted :-In a council which was held with the Senecas by Governor Tompkins, of New York, a contest arose between that gentleman and Red Jacket, as to a fact connected with a treaty of many years standing. The American agent stated one thing, the Indian chief corrected him, and insisted that the reverse of his assertion was true. But, it was rejoined, “yon
* The most remarkable difference existed between the Confederates [Six Nations) and the other Indians, with respect to eloquence. You may search in vain the records and writings of the past, or in the events of the present times, for a single model of eloquence among the Algonquins, the Delawares, the Shawanese, or any other nation of Indians, except the Iroquois. The few scintillations of intellectual light, the faint glimmerings of genius, which are sometimes to be found in their speeches, are evidently derivative, and borrowed from the Confederates.- De Witt Clinton: Life and Tines a Red Jacket; page 25.
Lifo of Joseph Brant: and the Life and Times of Red Jacket, by William L. Stone,