To James Madison from Levin Winder, 6 February 1815
From Levin Winder
Council Chamber Annapolis February 6 1815
Sir
Pursuant to a Resolve of the General Assembly of Maryland, I have now the honor to transmit to you an authenticated Copy of a law passed at its last Session “for the better defence of this State[”]1 &. also a Copy of a Resolution ascertaining the bounty to be received by each recruit.2 I am with Respect yours
Lev. Winder
RC (DNA: RG 107, LRRS, W-185:8); letterbook copy (MdAA: Executive Letter Book). RC in a clerk’s hand, signed by Winder. For surviving enclosure, see n. 1.
1. The letterbook copy gives the title as “an Act for the better defence of the State, and to prevent the frequent calls of the Militia.” The 31 Jan. 1815 act provided for raising “by voluntary enlistment for the term of five years,” five regiments of infantry and five companies of artillery, to defend Maryland and “any adjoining state.” The troops would not, however, “be required to serve in any part of Pennsylvania, west of the Susquehanna, nor north of the Counties of Lancaster, Berks and North Hampton, nor in any part of Virginia west of the Blue Ridge, or south of James River.” Furthermore, they would be raised only if the U.S. government agreed to bear the expense of their service (Laws Made and Passed by the General Assembly of the State of Maryland, at a Session Begun and Held … the Fifth of December, Eighteen Hundred and Fourteen, and Ending … the Third of February Eighteen Hundred and Fifteen [Annapolis, 1816; 38147], 126). The enclosed copy of the act (7 pp.) is filed with Winder to James Monroe, 7 Feb. 1815 (DNA: RG 107, LRRS, W-186:8), acknowledging receipt of Monroe’s 31 Jan. 1815 letter transmitting a copy of “An Act to authorize the President of the United States to accept the services of state troops and of volunteers,” 27 Jan. 1815; noting that a copy of the Maryland statute had been sent to JM; urging that the president’s decision regarding acceptance of the Maryland troops be communicated as soon as possible; and observing that since Congress was still in session and the Maryland legislature was not, the former body might wish to revise its legislation to eliminate a discrepancy between the U.S. and Maryland acts which would otherwise prevent the Maryland forces from entering U.S. service in time to meet anticipated British attacks. The conflict between the two statutes, which Winder described as “not very great,” was that the U.S. law required such troops to serve in their own state “or in an adjoining state, and not elsewhere,” without authorizing limitations to service in adjoining states such as those specified by the Maryland legislators ( 3:193).
2. The enclosure has not been found, but the 1 Feb. 1815 resolution provided “that the bounty for every non-commissioned officer, musician or private who shall enlist in the said troops, shall be fifty dollars, to be paid at the time of enlistment,” and appropriated $300,000 “for the bounties and other necessary expenses attending the raising of said troops” (Laws Made and Passed by the General Assembly of the State of Maryland [ 38147], 144).