Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
The Committee of Claims however, sir, notwithstanding they have
throughout their report endeavored to rest upon the Attorney General
the responsibility of the construction given to the cession, have at
the same time erected a pillar of their own to support it, where they
saw it must fall. They well perceived that all reasoning upon the
subject was idle, unless one principle could be established; this they
have boldly advanced to, and, instead of proving, have assumed as the
groundwork of their whole superstructure. It is, that the State was bound
in the first instance to compensate the soldiery, notwithstanding the
ulterior responsibility of the General Government. From this they infer
that the State had a right and by the cession did exercise the right
of exonerating the latter Government. Now, Mr. Chairman, grant to the
Committee their premises and there is an end to the question between us;
their consequences must result. But, sir, I must supplicate their pardon
if I refuse my assent to their position until my judgment is convinced.
And I must be pardoned for saying that the reasoning to which they have
resorted for the purpose of proving it, strikes my mind as the reverse
of sound; that it proves too much to prove any thing. It is, that the
State Government is in the first instance liable, because the troops
were called into the field by the State Executive. This reasoning, Mr.
Chairman, would go to prove that in every instance in which militia have
been called into the service of the General Government, the States from
which they were drafted were in the first instance liable for their
compensation, because, in every case which has taken place, they were
called into the field by State Executives. The truth is, sir, that in
every case the orders have issued from the Executive of the General
Government to that of the State Government, and that orders have from the
latter issued in consequence thereof, for making the requisite drafts;
so that the troops engaged in service under the immediate directions
of the State, but under the mediate directions of the United States.
This was the course pursued in both the insurrections in the State
of Pennsylvania; it was the course in the State of South Carolina in
relation to Indian invasion, at the same period at which the services
were performed in Georgia for which we are now claiming compensation.
It was the same course the other day with the troops ordered down the
Mississippi to occupy New Orleans and its dependency. In all these cases
the troops were compensated by the General Government in the first
instance. It never entered the heart of any man that the States from
which the drafts were made, were in the first instance liable, and that
resort must afterwards be had by the State Government against the United
States. I have always been taught that precedents established principles,
but it now seems that the Committee of Claims in the profoundness of
Public-domain text, read in full here on John Shaqi.
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