But it is said on the other side, that the "twelve months" have not yet expired; and it does not follow that the volunteers will be detained beyond that period. But the case now is to be judged on the _contract_. Is the contract legal or illegal, under the Act of Congress? It is submitted that it is illegal. _Fourthly._ I submit that the proceedings in Massachusetts under the Act of March are _illegal_, inasmuch as they are a _fraud_ upon the militia laws of the Commonwealth. This brings me to a part of the case humiliating to Massachusetts. We have already seen the purpose of these laws, contemplating the performance of duties _at home_,--as, in preserving the peace, and aiding the _posse comitatus_. These purposes are distinctly declared by the Legislature. (Chap. 92, 1840.) But by the agency of State officers these laws have been employed--I would say, prostituted--to a purpose widely different: not to help preserve the peace at home, but to destroy peace abroad. It appears from the communication of the Adjutant-General, that he resorted to the device or invention of using the militia laws of the State in order to enlist soldiers to make war on Mexico. The following is the form of an application to be organized as a company of the Massachusetts militia,--the applicant expressly setting forth objects inconsistent with the duties of the militia. "CHARLESTOWN, January 4, 1847. "_To His Excellency, George N. Briggs, Governor and Commander-in-Chief of the Commonwealth of Massachusetts._ "SIR,--The undersigned, in behalf of himself and his associates, whose names are duly enrolled therefor, respectfully requests that they may be duly organized as a company, to be annexed to the First Regiment of Massachusetts Infantry: _it being understood, that, when so organized, they desire and assent to be placed at the disposal of the President of the United States, to serve during the existing war with Mexico_. And as in duty bound will ever pray. (Signed,) "JOHN S. BARKER." Thus the Executive of the Commonwealth placed all the apparatus and energy of the Adjutant-General, and of the militia laws, at the service of certain petitioners, well knowing that these persons were not to enlist _bona fide_ in the honest militia of Massachusetts, but with the distinct understanding that they should be placed at the disposal of the President of the United States, to serve during the existing war with Mexico. I do not complain that the Governor or the Adjutant-General lent himself officially or personally to this purpose, though I have my regrets on this score; but I do complain that _the laws of Massachusetts_ are prostituted to this purpose.