WASHINGTON, June 25, 1842.
Governor KING.
SIR: Your letter of the 23d instant was this day received by the hands of Governor Sprague, together with the documents accompanying the same. Your excellency has unintentionally overlooked the fact that the legislature of Rhode Island is now in session. The act of Congress gives to the Executive of the United States no power to summon to the aid of the State the military force of the United States unless an application shall be made by the legislature if in session; and that the State executive can not make such application except when the legislature can not be convened. (See act of Congress, February 28, 1795.)
I presume that your excellency has been led into the error of making this application (the legislature of the State being in session at the date of your dispatch) from a misapprehension of the true import of my letter of 7th May last. I lose no time in correcting such misapprehension if it exist.
Should the legislature of Rhode Island deem it proper to make a similar application to that addressed to me by your excellency, their communication shall receive all the attention which will be justly due to the high source from which such application shall emanate.
I renew to your excellency assurances of high consideration.
J. TYLER.
PROVIDENCE, R.I., June 23, 1842.
Hon. JOHN C. SPENCER,
Secretary of War.
SIR: I addressed you yesterday afternoon in great haste, that my letter might go by the mail (then about being closed), to inform you of the sudden change in the aspect of affairs in this State, and also to inform you that I should be this morning at Governors Island, New York.