The Writings of Sam Houston, Volume I

. WRITINGS OF SAM HOUSTON, 1826

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w.as to take a summary view of the ground on which the claim of Massachusetts rests. He was aware that the day was far ad- vanced, and would therefore, endeavor to avoid fatiguing the committee by being as brief as might be consistent with what he considered his duty. I am, said Mr. Houston, decidedly opposed to an allowance of any portion of the claim now under discussion. I will endeavor to answer the arguments of the gentleman who has just taken his seat (Mr. Davis). I assure the Committee that the objections which I entertain on this occasion are based on principles, and not from any feeling of hostility towards the community who have advanced their claim. The gentleman from Massachusetts has told us th;tt the claim rests upon just and equitable grounds; and that whatever may have been the doctrines entertained by the Governor of Massachusetts, it is unfair to mulct a community for the acts done only in defence of State rights. Now, I insist, if the demand is just, it should be paid. All I ask, before this House proceeds to pay the claim, is that they give it a full and fair examination. It has been recommended by the President of the United States to give a decision upon the claim at some period. I hope that period has now arrived. The claim is founded on services performed by the troops of Massachusetts during the last war. It cannot surely, be urged that these services were performed under the Constitution of the United States. What are the facts? In June, 1812, a circular was issued by the Secretary of War, addressed to the Governors of the several States, with a requisition for their respective quotas of militia to be held in readiness when called for by the emer- gencies growing out of a state of War. The Governor of Massa- chusetts did not recognize the authority of the President of the United States, and waived compliance with the order. His plea was, that the President of the United States had no authority to make such requisition, as no emergency then existed, which by the Constitution, gave him the power of calling out the militia of the several Sfates. And the Governor further added, that, to this effect, he was advised by the Judges of the Supreme Court of Massachusetts, and by his Council. Some of the citizens of that State were willing to embark in the service of the United States, but were precluded from doing so by the want of arms. The Governor says he issued arms to some, but not to others. It was determined by the General Government to call out the militia

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