The Unpopular History of the United States
Brock, the British commander who had taken Detroit, at once saw the importance of dislodging these troops, and was killed while leading an unsuccessful assault. In the meantime most of the militia detachment which was to have taken part of the original movement, as well as the remainder of the regulars, had crossed the Niagara to help defend the heights. But the rest of the militia on our side of the river, although ordered and implored by their commander, absolutely refused to pass beyond the borders of the United States. Stubborn as mules, they balked within plain sight and watched their comrades being slaughtered, while they debated a high point of law—whereas, viz, to wit: whether or not under the Constitution of the United States duly adopted in May, 1787, they as militiamen of the sovereign States, temporarily in the service of the National Government, could be called out for any service other than to resist invasion. Manifestly this was not resisting an invasion, they were safely on their own side of the river, within
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