Total 5,331 46 370 86 702.023 22 152,271 52 445.760 07117,047 1540,598 51 10,427 26 1,368,127 78 Treasury Department, Register's office, January 9th, 1817, Recapitulation of the Tonnage of the United States, for the year 1815. The aggregate amount of the tonnage of the United States, on the 31st December, 1815, is stated at Whereof Permanently registered tonnage 1,368,127 78 Temporary do. do. 702,023 22 GEO. GRAHAM, Acting secretary of war. To the preceding is attached a table headed, 'Dr.-the general statement of tonnage accounts, shew-obedient servant, I have the honor to be, with great respect, your ng the increase of tonnage from the 31st of December, 1814, to the 31st of December, 1815, inclusive-Cr." The hon. Henry Clay, speaker This shews a difference in favor of the real increase of registered tonnage of 106,486 tons, and in favor of the enrolled of 43,782 tons, for the year 1815. REGISTERED TONNAGE. of the house of representatives. (A.) SIR-In the conferences we have had the honor By the returns of the collectors during the year state of Massachusetts, for expences incurred, and to have with you, in relation to the claim of the 1815, there were built 134 ships, 193 brigs, 198 supplies furnished, for the service of the militia of schooners and 27 sloops, equal to 106,079 tons; that state, for the general security and protection and captured in the late war and condemned in during the late war, with the adjustment of which 1815, 50 ships, 78 brigs, 42 schooners and 4 sloops claim we have been charged, it has been our wish, -34,386 tons, registered. as we have before made known to you, to conduct By the same returns-there were sold to foreign-the examination and settlement of the account with ers 10 ships, 11 brigs, 38 schooners, and 6 sloops-the respect and deference always due to the highest 9,227 tons; lost at sea, 15 ships, 33 brigs, 32 public functionaries of the nation, and to pursue schooners, and 6 sloops-14,241 tons; captured in that course, which, while it would do justice to the he late war, by the return of 1815, 12 ships, 19 state we on this occasion have the honor to reprebrigs, 14 schooners and 4 stoops-8,260 tons; and sent, would also best comport with the convenience condemned as unseaworthy, 2 ships, 9 brigs, and 5 and wishes of the executive of the United States, schooners-2,250 tons. to whom, in the first instance, we considered it most proper to apply. ENROLLED TONNAGE. By the collectors' returns for 1815, there were built 2 ships, 31 brigs, 482 schooners, and 257 Bloops-48,545 tons; and captured in the late war and condemned in 1815, 6 brigs, and 13 schooners -2,213 tons, enrolled. And sold to foreigners, 1 ship, 1 schooner, and 1 sloop-355; lost at sea 39 schooners, and 2 sloops -3.262 tons; captured during the war, 1 brig, 35 schooners and 13 sloops-2,805 tons; condemned as unseaworthy, 7 schooners, 13 sloops-1,053 tons, The amount of tonnage captured in the late war and condemned in 1815, isRegistered Enrolled 34,386 2,213 36,599 10,565 Tons 26,034 Massachusetts' Claims. 1795 and 1814, authorizing under certain circumWe understand, from the laws passed in the years stances, detachments of the militia on the requisition of the president of the United States, that the sitions, have been liquidated and paid by the ge expences incurred, in consequence of such requineral government; and that where the militia has been ordered by state authority into service, without the request of the president, and the occasion has, in the opinion of the executive of the United States, justified the call for their services, that a subsequent recognition has been considered as equal to a previous requisition; and that on this construction of the powers given, by the laws be fore mentioned, to the president, very large claims have been admitted and paid, in whole or in part, either by advances or on final adjustment, to several of the states who have presented them. On this ground, therefore, and justly presuming on the distribution of that equal and exact justice to all the members of this great family of states, which alone could furnish the vital principle of their union, and which undoubtedly will govern the conduct of the general goverument on this and on all other occasions, we have hoped, that the account Letter from the acting secretary of war transmit-we had the honor to present would have been adting information relative to the claims of the mitted, at least to an investigation on its merits; and state of Massachusetts for payment of the ex- that, as the simplest and most easy method of expences of the militia, ordered out by the execu-amination that presented itself, we should be altive authority of the state, during the late war. lowed to take up the several items which composed February 20, 1817.-Read and ordered to lie on it in succession, in the order in which they had been the table. Department of War, Feb. 18th, 1817. arranged, and to offer them for admission or rejecSIR-In obedience to the resolution of the house of the head of the department, or the proper officer tion, accordingly as the judgment or sense of duty of representatives of the 14th inst. directing the designated for the purpose, might determme: not secretary of war "to lay before the house any infor-expecting that a claim for any expence would be almation in the possession of that department relative lowed, unless it were shown, that the occasion to the claims of the state of Massachusetts for pay- called for its being incurred that the service was ment of the expences of the militia ordered out by both effectually and economically rendered, and the executive authority of the state, during the that it has been fully and honorably paid for by the late war," I have the honor to transmit the enclos-state. ed documents. That marked A, is a copy of the communication, with the accompanying documents, acceptable to the executive, if we were correctly This course we regret extremely to find is not made to this department by James Lloyd, and Wil-impressed by the conversations which we had the liam H. Summer, esquires, agents on the part of honor to hold with you, the result of which, we the state of Massachusetts. B, is a copy of the understand to be, that the expences not having been answer given by this department to that communi- incurred under the authority of the United States, cation; and C, is a copy of a communication made and the governor of Massachusetts, having omitted by the secretary of war to the chairman of the mili-to place the militia of the state under the officers tary committee of the senate, on the 7th of Febru- of the general government, no account of this kind ary, 1815, with the accompanying documents. could be received for examination at the depart→ ment, without an antecedent recognition by the pre-ference of sentiment, that can be brought into consident of the United States of the several cases un-troversy under any other provision of that constider which the expence arose. tution. We cannot but lament this course being now taken, Without meaning to sustain or scarcely to enter because we do not learn that it has been asked in into the argument, it is on the one hand conceded, any other instance to be pursued so much in detail, that a denial of the construction given by the geneas we now presume it to be required, in reference ral government, would lessen the powers, and to the claim of Massachusetts; because it will un-under certain circumstances materially impair the avoidably entail a considerable delay in classing strength of the nation, while on the other, the anew the various expences of the same bodies of admission to the fullest extent, of the doctrines, militia, as they were at different times called into that the executive of the union is to be the only service, under separate heads or occasions; and may judge of the emergencies, under which the militia require a minuteness of evidence in support of the is to be brought into the service of the United urgency of their being employed, which the noto-States, at the time and in the manner which it might riety of the occasions at the time they occurred, think: expedient; and that when so brought into serand the line of conduct understood to be adopted vice, the militia can by the junction of a large numtowards other claims, was not supposed to require; ber of their men, to a mere skeleton of regular and which evidence is not, even now in all its parts, troops, be in fact officered by the United States, probably in existence as a matter of record, and and that the executives of the several states, conmust therefore, in many instances, still remain to trary to their own belief in the existence of such be collected in an official or authentic shape, if this emergencies, would be bound to bow before this rigor in point of form should be adhered to. tribunal, erected in the breast of a single individual, It is undoubtedly true, and neither a wish is felt, and to yield implicit obedience to such opinion, nor a direction been received to conceal the fact, must, after the surrender of the several states, of that a difference of opinion has unfortunately exist the principle sources of their revenue, place them ed between the general government of the United entirely at the mercy or disposition of any future States and the government of Massachusetts, re-tenant of power; strip the individual states of their specting the constitutional powers in the former in physical, as well as fiscal force, and would scarcely relation to the control of the militia of the several leave them in possession of even the remnant of states in the union; and it is greatly to be deprecat- that sovereignty, and self-dependence, which some ed that a difference in the construction of consti- of them undoubtedly supposed they had retained; tutional powers should ever excite other sentiments but it is repeated, it is not intended to discuss this than those of a reciprocal respect, and a mutual question, further than to prove, that with the most disposition, after dispassionate consideration, to correct views, different sentiments may honestly amend what may be defective and to provide a reme- and intelligently exist, with regard to it: and that dy for the evils of the future, from the inconvenien- at any rate, the opinion adopted for the time by cies of the past; and, more especially should this be Massachusetts, was one, fairly and deliberately the case in a government founded on the choice of formed by the governor of a large and respectaenlightened freemen, to secure the enjoyment of ra- ble state; himself a statesman of forty years' extional liberty to themselves and their posterity-perience, in the highest offices in the country, and and the chief preservation of the purity and conse with the advice of his council; was corroborated quent duration of which must spring from the jea by a judicial tribunal commanding the highest reslous vigilance with which all questionable expan-pect where known, and who are by the constitusions of power ought to be viewed, either on the tion of the state, bound to give their opinion "upon part of the general government or that of the states important questions of law, and upon solemn oc-and which disposition, therefore, instead of meet-casions," to the executive; was an opinion confirmed ing the frowns, would appear to be entitled to the by the legislature, and sanctioned by the people, support and encouragement of every friend of the by their reiterated support and election to office present form of government, and who would wish of the same public agents, who adopted and avowed to maintain and transmit it, resting on its existing it; an opinion, therefore, entitled to great respect foundations, pure and unimpaired to distant gene- under all circumstances, and meriting every conrations. And in a more particular manner, should sideration which the most deliberate judgment this disposition of mutual respect and deference for could give to it, and perhaps requiring the settleconflicting opinions prevail, where the event has ment of a point so interesting in itself, and so open happily proved the evils apprehended to flow from to controversy, in the mode pointed out by the them to be those of imagination, rather than of constitution, by an amendment explanatory of its reality-and when the prosperous circumstances of powers, as applied to the rights of the general go. the country admit the people of the United States, vernment, and the states, in the employment of the the legitimate fountain of all power, peaceably to militia, in the cases contemplated by the constituadopt that corrective which their ardent desire to tion. secure and preserve their own rights, and those of This course has already been recommended by the general and state governments, as defined by the executive of a highly respectable state, (Souththeir respective constitutions, will undoubtedly in- Carolina,) not interested in the immediate question duce them to apply, should they consider the oc- to be adopted by its legislature, and seems to be casion as requiring it. that best founded in reason and expediency and The point in discussion, that of the constitution- the one which might be attended with the hapal control of the militia, and the extent to which it piest effects hereafter, in preventing misconstruchas been given to the general government, or is re- tions or collisions of opinion, when they might tained by the states respectively, has from the first become injurious to the public safety, if the subadoption of the federal constitution, been perhaps ject were left in its present unsettled state. At a question more doubtful and interesting in its na-any rate, in a government yet in its infancy-in a ture, and has given rise to a greater diversity of government of experiment, which had never before opinion among the most eminent statesmen of the tested, or attempted to exercise its powers, in a Country and probably allows of a more honest dif- foreign war, and under a state of public sentiment, unprecedented in former times, it cannot be wished service of the militia having been communicated to or expected by any part of the community, that a congress by the department, and for the greater difference of opinion relative to the extent of con- part printed, we will not trespass upon your time stitutional powers, sanctioned as was that formed further, in relation to them, than to remark, that by the state of Massachusetts, whether correct or the first call was made in consequence of the letter erroneous in itself, can be suffered after the services of the honorable William Eustis, written prior to have been rendered, and the protection wanted, in the declaration of war; and when that event still rea great measure, obtained, to remain as a lasting mained suspended in a very doubtful scale, and that source of irritation, or to operate as a pecuniary none of the constitutional emergencies did, at the mulct upon a brave and free people, who first reared time, exist, or were expected by the government the standard that ultimately, by the common efforts of Massachusetts speedily to occur, nor did they of the nation, waved triumphantly over the esta- occur, to any extent of importance, until two years blished independence of the country, and who in after the request of general Dearborn, on the 224 that war, as well as in the last, furnished their full of June, under the authority given him on the 12th proportion of those who filled its armies and fought of that month. But shortly after the declaration of its battles. war, to wit, on the 3d of July, 1812, the executive Still less, if possible, can it for a moment be be- of Massachusetts issued the general order, (No 1,) lieved, that a claim thus founded on a necessary and which accompanies the present communication, for unavoidable defence for the general safety, against the purpose of placing the militia of the commona common enemy, and not amounting in the whole wealth in the most effective possible state, "exto one third of the sum which is contributed to-citing their love of country, and exhorting them to wards the revenues of the United States in a single be obedient to the provisions and intentions of the year, by a single port of the state that advanced it, laws in every respect, and to be ready, with alacrican be retained as a lure for political subserviency, ty and effect, to defend their constitutional rights or its liquidation be withheld for the advancement and liberties," and apprising them, in case of inof party purposes; a doctrine too discreditable to vasion, or imminent danger thereof, they were to receive a moment's confidence, and requiring from march without delay, and when in the actual serthe undersigned an apology for its introduction, vice of the United States, to be placed under the only to be derived from the public avowal and re-orders of the president thereof. This order was commendation that has been made of it, and the sent, the same day it was issued, to general Dearexpression of their perfect conviction, it will meet, born, and, shortly after this, a body of miliția, con both from the high officers of government, and from sisting of three companies, was placed in the serthe people of the United States, the reprobation it vice of the United States, at Eastport, under the deserves. orders of general Boyd. We cannot, therefore, but feel confident that. The next request received by the governor was the rightful and constitutional remedy before no- in July, 1814, when the probability of attack havticed, if it should appear, in the good judgment of ing increased, the general requested eleven huncongress, to be needful, will be resorted to, and dred men might be ordered out for the defence of that the claim of the state of Massachusetts will the more exposed parts of the sea coast. This or be admitted and repaid by the general government. der was complied with; the troops placed under the Under the influence of these impressions, we beg authority of the United States, and the service perleave to state, as the origin of this claim, and as formed-part of the said troops, to the number rematter of notoriety, that at the commencement of quested by general Dearborn, having been stationthe war, the regular troops, perhaps not exceeded at Castine and Machias, prior to the capture of ing, at the time, a man to a mile of the exposed those places by the enemy. sea-coast of Massachusetts, were, at a very early On the 5th September, 1814, general Dearborn period, withdrawn to the northern frontier; that again made a requisition on the governor of Massaafter the first year of the war, the maritime bor-chusetts for a body of militia, when the general order of the state was frequently threatened by the der No. 2, herewith presented, was issued on the enemy; that a part of it was actually invaded, and 6th of the same month, and every measure taken to a very commanding naval and military position in guard against the attacks of the enemy. A consiit, unassailable when once fortified and possessed, derable body of the elite of the militia, from the without a superior naval force, except with great interior, was ordered into immediate service, and and nearly inevitable destruction, was secured and marched and encamped on the sea board, and retained by the enemy; thus cutting off and keep- the whole of the militia were enjoined to hold ing in some degree, under his control, a large themselves in constant readiness, and were called division of the state, depriving it of the power of upon "by every motive of love of country, of homilitary co-operation, or of a safe and easy inter-nor, and sympathy for their fellow-citizens, who course with the capital or the government; that the might be suffering the perils of war, to maintain the harbors along the cost were frequently annoyed-most perfect state of preparation, and to move, expeditions for further conquest menaced, and pre- when called to the scene of action, with the utmost parations made for effecting it: that several ports celerity." But the difficulties which had arisen, in the state were entered-the vessels in them, in and the complaints that had been made, from placsome instances, burnt: that small, defenceless towns ing the militia in the immediate service of the were laid under contribution; that predatory in- United States, under United States' officers, on forcursions and alarms constantly prevailed; and that mer occasions, had been such as to induce the bethe security and protection of the inhabitants of lief it would be inexpedient, if not hazardous, to the state, from further aggression and insult, were repeat the order without having the power to enderived from the services of the militia, in the way force it. An arrangement was, however, subsein which they were rendered, and in which, from quently made with general Dearborn, to place part various circumstances, there is reason to believe, of the militia in the forts of the United States, in the defence of the state, by the militia, could alone have been made effectual. The circumstances relative to the calls for the the harbor of Boston, under the direction of his son, general H. S. Dearborn, and the very efficient body of troops before mentioned were stationed in |