and exposed to be punished with death, if they should leave a service, which by the constitution of their country, they are not bound to perform.
From an attentive consideration of the constitution and laws of the United States, it is evident to the Committee, that the militia of the several states are to be employed by the United States, for the purpose only of performing special services, in cases where no other military force could be conveniently had or properly exercised; and when those services are performed, they are to return to their several homes. The committee cannot believe, that it was ever intended that they should be liable, on demand of the president upon the governor of the state, to be ordered into the service of the United States, to assist in carrying on an offensive war. They can only be so employed, under an act of the legislature of the state, authorizing it. On the expediency of passing such a law, or adopting any measures which the war may render necessary, the committee do not consider it is as within their commission to decide.
If congress, or the president of the United States shall apply to this state, to furnish troops to assist in carrying on the war, the request will doubtless meet with the attention which it will merit.
The committee will only take the liberty to remark, that, should the manner in which the war is waged or prosecuted, induce the enemy to retaliate, by an actual invasion of any portion of our territory, or should we be threatened with invasion or attack from any enemies, the militia will always be prompt and zealous to defend their country.
The government of this state, as it ever has been, so it will continue to be, ready to comply with all constitutional requisitions of the general government. Faithful to itself and posterity, it will be faithful to the United States.
31. Rhode Island and the Militia Question.
October 6, 1812.
The following extract from the message of Governor William Jones to the General Assembly, October 6, 18112, gives the opinion of the Council of War upon the call for the militia made by the Federal authorities. For text see Acts and Resolves of Rhode Island General Assembly, October, 1812, 3–5; also
