James Madison Papers
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To James Madison from William Crawford, 30 July 1814

From William Crawford

Adams Cy. Penna. July 30th. 1814

Sir

Permit me to apologize for the liberty thus taken in addressing you on a subject of considerable importance—which requires a prompt decision provided you feel duly authorized to apply the remedy.

Great abuses exist in the management of the militia of Penna. Whether these arise from defects in the laws—in the orders given for their execution, or, in the improper construction of either—must be left for your decision—after mentioning the nature of the existing evils.

Desertions from the militia called into the public service multiply to an alarming degree. I believe I am warranted in the calculation that nearly one third of those performing their present tour of duty from the county in which I reside have absented themselves without leave. Our militia officers are at a loss how to conduct themselves on the occasion. They do not know whether any fund has been provided for defraying the expence of taking them up & returning them to their respective corps. The manner in which they conduct themselves to such offenders appears to me altogether incompatible with the utility of that kind of force & calculated to bring it into the utmost contempt. They believe themselves bound to take notice of those only who have been publicly advertized—and permit all others to escape altho’ their desertion comes within their personal knowledge. Such discrimination can hardly fail to produce the most pernicious consequences. Even with respect to those who, in consequence of being advertized, have been taken up—a practice has been adopted—which, it is said has met the sanction of the Govr. of Penna., and which must favor the escape of every offender with impunity. Bonds of recognizance have been taken from them to appear & take their trial before a court martial—and they have thereupon been liberated & permitted to run at large. How are such bonds to be enforced? Does a court martial possess the necessary power? Can the civil authority recognize such bonds? If they possess this power will they feel disposed to exe⟨r⟩cise it? My acquaintance with the course of procedure whether in civil or military cases is limited. I have therefore considered it to be my duty to lay the subject before you—relying on its meeting all the attention from you it merits.1 Many minor abuses in the management of the militia prevail. Detailed accounts of these ought, perhaps, to be exacted from the respective Brigade inspectors under whose cognizance they more immediately arise—so that a remedy may be provided by the proper organs as speedily & efficaciously as possible. I am Sir With the highest respect Your fellow citizen,

Wm. Crawford

RC (DNA: RG 107, LRRS, C-50:8). Docketed as received in the War Department in August 1814.

1On 26 July 1814 Pennsylvania secretary of state Nathaniel B. Boileau wrote John Armstrong requesting authorization to send militia deserters in U.S. service, who had been arrested after returning to Pennsylvania, back to their detachment at Buffalo for trial (DNA: RG 107, LRRS, B-64:8; printed in Pa. Archives, description begins Samuel Hazard et al., eds., Pennsylvania Archives (138 vols.; Philadelphia, 1852–1949). description ends 2d ser., 12:700). Armstrong replied on 2 Aug. 1814, stating that “such deserters as have been apprehended should be safely returned to the Corps from which they deserted, to be tried conformably to the usages of Service, there being no other difference between those & deserters from the regular Army than the right of being tried by Militia Officers” (DNA: RG 107, LSMA). Pennsylvania attorney general Jared Ingersoll, district attorney Alexander J. Dallas, and U.S. comptroller of the Treasury Ezekiel Bacon had provided opinions and instructions in response to queries from Boileau regarding the methods, means, and auspices of court-martial proceedings and fines levied against citizens who refused or neglected to appear for duty under federal militia requisitions. They did not, however, address the process of apprehending and securing deserters. Nor did Pennsylvania’s new militia law, passed 28 Mar. 1814, which merely stated the time period within which brigade inspectors were to summon courtsmartial, and specified penalties for those convicted of the crime. Moreover, an “unaccountable oversight of the Legislature” in framing the law had left a nearly three-month gap between the expiration on 1 Aug. 1814 of officers’ commissions issued under previous statutes and the classification of the militia in late October 1814. The resulting administrative difficulties and confusion not only complicated governor Simon Snyder’s efforts to comply with Brig. Gen. William H. Winder’s request for Pennsylvania troops to help defend Washington in August 1814 but perhaps also engendered some of the “abuses” Crawford complained of and encouraged deserters to think, with some justification, that their delinquency might go unpunished (Pa. Archives, description begins Samuel Hazard et al., eds., Pennsylvania Archives (138 vols.; Philadelphia, 1852–1949). description ends 2d ser., 12:681, 690–91, 699, 705; Act for the Regulation of the Militia of This Commonwealth [Shaw and Shoemaker description begins R. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). description ends 32461], 7, 38, 45, 61–62).

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