Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-02-23

Againlt ieut's. Hatch and Sproul, and en-
6gns Hunter and Collenore, a third article u
charge was exhibited, that each of them, to-
gether with the other officers of the company
70 which he belonged, did mitigate and pro-
cure the men 70 mutiny againll the orders Of
his inperIors in command aud to refule TO diff
charge their duty as folders.
EnGgn Hunter was conGdered gully of thae
part of the frt article which relates 70 bis
marching from the parade with the company
10 which he belonged, in neglect Of duty and
dIiobedIence of orders; bet as 70 the rehdue
OF that, and the whole ofthe fecond and third
articles, that ne was not guilty. Sentense-to
be reprira2ndRd in orders.
The fentence againlt the other oficers has
already been related.
The above mentioned fentences have been
approved bY the Major-C General, and ordered
TO be carried INTO effec6.
Tbs preceding ftatement Is confined 70 fuch
facts 0niy as can be confirmed by tefimony.
recorded ID the rlinu 6 and proceedings Of
The court, il will NOT De believed that any mo-.
i've can operate to difguile, or conceal cir
cumltances favorable, Or adverle, either to
one party or the other. Yet when the con-
duck Of capt. Young, and the nature Of the
charges againlt him lllall have been conlder-
FL, an enquiry may probably ariie, why his
Puniihment ihouId not be equal IN degree.
with that of foms other of the officers. accented
If offences not more heino4ss, than thoie Of
which he acknO'Fe edged himlelf 10 be guilty.
II i be permitted, ~ hgag fbraf, to travel
the road Of record" iunice to the character Of
the court imPeriouily requires that the reaions
| WHICH induced degree of lenity to this officer
| ihould be unfOded, Especially as lufhcient ia
! formation cannot be derived Of lis conduct, II
rrltricfed, TO the REGULAR evidence produced AZ
| the trial. Whether its deci6un in n, tirarv
J point Of view, merit appreciation or cenfure
! has already been Determined by the proDerb
| authority; yet i Is respectfully prelumsd,
| that the court will view wirh comDlacencv.
an attempt to iarisfy the pablic mind, that,
although the offences with which this del;u.
! euent and others were charged, were equal ia
/ degree, yer that considerations exiRed to render
| their respective Ientences dlifinlar, bur Nv no
| means Incompatible with ltria iultice. Il con-
' idered thar punifhnent is de1gned not only 10
| Preieut examples to deter Others and correce
The offender, but alto, if qualified with mercy
! 70 induce nm 70 return 70 his duty; they be,
| hsved luitce would be fatished with the nen-
Amy inflicted, and not impaii ed By the lenity
e1erciled IN his favor; it was unwilling to
employ that extreme ieverity which the law
authorized, LETT the delinquent fhouid defpair
81 ever being TehOred 10 his military rank and
character, and his deilre 70 be thus regured,
was itrongly evinced during the trial, Nv his
! efforts TO prove has Former good conduct, his
lubmifhVe deTHstITOr s1Trd apparent contririon.
Captain Young ppeared-acknewledged him
feIf to be guilty and iubmitted to the mercy If
the eourt-he ye3ysjf-ta4 that he was ignorant
Of the rank Of the Major General when he
Tefufed obedience 10 his orders, ard reffeI
the officer who attempted to hold him in ar
ref. he IPrOved that his attention to difcipline
his men, and in1rl4 them in their duty, had
been unwearied and iuccelsful, in fine, that bis
whole conduct, previous to the day Of review.
had been lubmifive and obedient TO his fu-
perlors IN command
i If doubt exi9 whether or non the ceurt
were inprefgd with a juh fcnfe Of the enor-
NIFTY Of Capt. Yonngs milcondu9; Il srcA-
d'y etoived by referring 10 the icntences pa
ed 90 Lieut., Hsrcn and Capt. Carlton, nei.ler
Of them charg ID with Offences, more heinotts.
or aggravated.
Brt ihould this 4uel pn a-;le-Is the co,lr.,
if thus imprelIsd to ejifuGed, IL extending io
much len:ty in inaicting puniihment 70 mild
and moderate compared with the guilt OF the
offender
The anfwer cannot be readily obtained Il
may politely be derived without further en-
| curry from review Of the evidence and Of
! the circumstance which attended the trials
/ II this be deemed inooncufve, let it be con-
: iidered that there are principles peculiar to
\ civil Courts which do not neceharily controul
the deci1o' i military tribunas-thlt Iome
rules Of adjudication which both recoTnze,
/ may admit Of liberal as we'll as ola rir;a con-
| itructlon. That there may be other rules to
I which the latter may not be bound 10 adhere,
I but Of which the former is obliged % Be nrid-(
/ ly tenacOus-that diveriiIy Of condu1t may
\ EXIT equally a. extenhue as the difference be-
! tween the principles upon which each !, con-
ihtuted, and although both are intended to
4 preerve government they differ from each o.
| Their u the fame proportion, as the commands
I q military authority are more arbitrary, than
J the regulations Of civil !ociety.
| To 20 gentlemen, in dilcharge of a reouir
/ ed duty, and with coniciouincfs that he A.
| bove Raenent and obiervations are intended
! 10 be fair and inpartial-they are now ref
I PeGttuIly fubnitJed by the
JUDGE ADVOCATE
of the Diviion.
A-gsae, January /, 1907.