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Smith has received every attention, but cannot, in my judgment, change the opinion
already formed. The war which has commenced, and the cruising of a hostile fleet
on our coast, is not invasion, and the declaration of the President, that there is imminent
danger of invasion, is evidently a consequence drawn from the facts now
disclosed, and, I am compelled to say, is not, in my opinion, warranted by those facts.
If such consequence were admitted to result from a state of war, and from the facts
now mentioned, and which always must attend a war with an European power, it
would follow that every war of that character would throw the militia into the hands
of the National Gov'nt, and strip the States of the important right reserved to them.
But it is proper for me further to observe that I have found difficulty in fixing in my
own mind the meaning of the words imminent danger of invasion, used by Congress in
the Act of the 28''' of Feb'' 1805, and now repeated in your letter, as no such expression
is contained in that part of the Constitution which authorizes the President to call
the militia into service. Presuming, however, that some definite meaning, thought
consistent with the Constitution, was at the time annexed to the expression, I have
rather inferred that the Legislature must have intended only to include an extreme
case, when an enemy had not passed the line of the State, but was evidently advancing
in force to invade our country. Such a case would undoubtedly come within the
spirit of the Constitution, although it might not be included in its literal expression.
But whether the Congress of 1805 was justified in the expression, or not, is unimpor-
tant, there being no difficulty in the present case, as none of the facts disclosed permit
anything more than slight and remote danger of invasion, which the Constitution
could not contemplate, and which might exist even in time of peace.
" Whilst I regret this difference of opinion, upon a question of serious impor-
tance, I cannot doubt that the President will perceive that a sense of duty leaves no
other course to pursue, and that the general government will speedily provide the
troops deemed necessary for the defence of the coast of this State.
"Dear Sir,
" I have the honour to be, &c."
"Cambridge, 3 Sept. 1812.
" It is with great concern that we find your health so much impaired, espe-
cially at this perilous crisis. We do hope, however, that your long journey and the
mineral waters, with the blessing of Heaven, will restore it. Could your Excellency
visit Boston during the autumn, would not the journey be salutary to yourself and to
our sickly Commonwealth ? I am sure it would give the highest pleasure to our
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