ilitia toward the defense of the
maritime frontier. The refusal was founded on a novel and unfortunate
exposition of the provisions of the Constitution relating to the
militia. The correspondences which will be laid before you contain
the requisite information on the subject. It is obvious that if the
authority of the United States to call into service and command the
militia for the public defense can be thus frustrated, even in a state
of declared war and of course under apprehensions of invasion preceding
war, they are not one nation for the purpose most of all requiring it,
and that the public safety may have no other resource than in those
large and permanent military establishments which are forbidden by the
principles of our free government, and against the necessity of which
the militia were meant to be a constitutional bulwark.
On the coasts and on the ocean the war has been as successful as
circumstances inseparable from its early stages could promise. Our
public ships and private cruisers, by their activity, and, where there
was occasion, by their intrepidity, have made the enemy sensible of the
difference between a reciprocity of captures and the long confinement of
them to their side. Our trade, with little exception, has safely reached
our ports, having been much favored in it by the course pursued by a
squadron of our frigates under the command of Commodore Rodgers, and in
the instance in which skill and bravery were more particularly tried
with those of the enemy the American flag had an auspicious triumph.
The frigate _Constitution_, commanded by Captain Hull, after a close
and short engagement completely disabled and captured a British frigate,
gaining for that officer and all on board a praise which can not be too
liberally bestowed, not merely for the victory actually achieved, but
for that prompt and cool exertion of commanding talents which, giving to
courage its highest character, and to the force applied its full effect,
proved that more could have been done in a contest requiring more.
Anxious to abridge the evils from which a state of war can not be
exempt, I lost no time after it was declared in conveying to the British
Government the terms on which its progress might be arrested, without
awaiting the delays of a formal and final pacification, and our charge
d'affaires at London was at the same time authorized to agree to an
armistice founded upon them. These terms required that the orders i
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