that the constitutional objection could
not apply to a portion of the claim, and requested that the accounting
officer of the Government might be instructed to audit and admit such
part as might be free from that objection. In all cases where claims
are presented for militia service it is the duty and the practice of
the accounting officer to submit them to the Department for instruction
as to the legality of the claim; that is, whether the service had been
rendered by order of the competent authority, or otherwise, under
circumstances to justify the claim against the United States, admitting
that the evidence in support of it should be satisfactory. To this
request there appeared to be no well-founded objection, under the
reservation as to the constitutional principle, and accordingly an order
was given to the accounting officers of the Treasury to proceed in
auditing the claim with that reservation.

In conformity with this arrangement, the executive of Massachusetts
appointed two citizens of that State commissioners to attend to the
settlement of its claim, and who, in execution of the trust reposed in
them, have presented to the accounting officer of the Treasury that
portion comprehending the services of the fifth division of the militia
of the State, which has been audited and reported for consideration,
subject to the objection above stated. I have examined this report, with
the documents presented by the commissioners, and am of opinion that
the services rendered by that division were spontaneous, patriotic, and
proper, necessary for self-defense, to repel in some instances actual
invasion and in others to meet by adequate preparation invasions that
were menaced. The commissioners of the State having intimated that other
portions of service stood on similar ground, the accounting officer has
been instructed, in auditing the whole, to do it in such manner as to
enable the Department to show distinctly under what circumstances each
portion of service was rendered, whether voluntary, called out by
invasion or the menace of invasion, or by public authority, and in such
case whether the militia rendering such service was placed under the
authority of the United States or retained under that of the State.

It affords me great pleasure to state that the present executive of
Massachusetts has disclaimed the principle which was maintained by the
former executive, and that in this disclaimer both branches of the
legisla