Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-03-09

Az order OF the Commander IN CLief, with
| tie advice Cf Council, the said LorinP has
/ been degraded from his rank that the or
| der has occasioned the whole difficulty, and
| IS not warranted by the constitution or law.
| 1t further states, that tie said LorinC has
! been tried for mutiny, a crime not knswn in
| the militia LEWIS that the rights Of cleo
! ton have been invaded, and that lie was
| tried BY a Court Martial not regularly detail
! ed, and bv this means was deprived Of fair
| and impartial trial. The two Houses having
acCerted the above report, have made 1t 4
part OF the record.
In the beginning IF March, 1905, laid
before the then Council, representations
from tie Adjutant-Gene' al, and Major
General elliot, rcl;.tivc to the rank OF Ger.
tain officers If light infantry companies and
on the 18th Of the same month, the Council
unanimously advised as their opinion, " That
an officer trsnsE red from one corps to an
other il Tx some rank, should retain the
seniority Of rank which he held prior to the
transfer" This opinion was thought To be
the true construction Of the law, and con-
.Mmatle 70 the constant military usage, and
the advicc was accepted accordingly
Afterwards, in May or June, 1905, up-
n Z, rept escnta tiCr tlOm the AdijtaTt Gen
esai, proposing that the organization Of the
.egili.ry br.raIe si OUld be completed, and
sGgge sang tnat there was some ImeasinG -
in consequence Of the above decision, and
~ particular that Of q. ~. LoIing WHO was
. stranger to ne, and pi obabiy to each Of
the Couns, ilors) was dissatisfied with the
rank which 1T assigned him "a ncH Coun-
cil having been chosen, again requested
the advice Of Council on the above subjects
a committee WAS appointed 70 revise the
opinion oi t1e former Council, and u hear
whatever could be aIledged against it
That committee reported, and in cnnfol nj
Ky to thcirycport tie Council 0n the I4-h
Of June, 1895, Ulan. mCusly advised NE to
issue the General ORDERS u tie och Of
june, which is censured and condemned iu
the report Of the said JOINT committee Tie
above order was supposed 20 be justified iy
the resolve establishing the legion, and ly
the AUTHORITY given hy thc constitution AMI
law, TO the Governor and Council, TO regu-
late the militia.
If iii " expected that by approving this
resolve shall criminste myself, ! have GER
tsinly no right 70 censure lie members Of
the Councils Of the two last years / be-
heve it was the opinion Of the public IN
general, th4t several members of Council
in each vi th0sc years, were as competent
10 decide the point aforementioned, US any
persons in the Senate And to the memo
ry ofo Of them, the n Of Representa-
hives has lately paid O grateful tribute Of
respect and yenera'icn
Nor have | any authority BY approving
this resolve to JON III censuring the officers
Of the first division Of the militia, and the
members of the Court Martial. ] am who'll
~ uHacqU4mted with the particular circum-
starCcS OF their conduct, and the proceed !
Ings Of those courts. If thee OF any other
officers Of government have violated their
duty, the constitution has provided effectual
methods to punish them But do not con-
Cciye that a resolve ofthe Legislature is one |
OF those methods and If ii il, still they \
would be entitled, b. the Ball Of Rights, to I
be heard IN their defence.
81 because the two provisions III the !
end OF the resolve seem to be Of no use for |
the purposes expressed. But perhaps the !
first may be thought to imply a strong sense |
Of the wrongs which Mr.. LoriHg Is 5uppos- y
ed to have suffered ; and the last NAV be
construed as 4 legislative opinion that those \
wrongs are acuonable
Sd. Because am apprchensive that if !
this Resolve IS passed, it will occasion great I!
disorder and disorg4nizatiQn i'll the Militia I
Of this State. Upon The Militia We princi- |
pally rely for public security and defence
We ought therefore TO pay some respect to
the honor and feelings Of those men, who
sacrifice their private interest to support IT,
five unnecessarily wound their regulations,
we give Just offence To every militar, m4l,
and lessen the security which our Country
derives from q Wei regulated Militia
Should the State hereafter bc divided int0
political parties, who will undertake q nil
itary Office ifhe is liable to Legislative ckas-
tisemcnt, without having an opportunity III
be heard Besides contentious man might
be tempted to disObey and insult his superb
or officers, by the hope, that though pam
ished for lis offence in due course of law,
he would be able afterwards to induce ma
jority ii the Legislature To reverse the SEN
tencc against himself and sub ect w lasting
reproach those officers, whose duty had
competed them to be the instruments ufhis
punishment.
Ar. Because when an error IS supposed
to nave taken place in the proceedings and
judgment III a Court, think the LeEisla-
tme have never thought it just 70 afford "
ven tie remedy of new trial upon am ex-
partc hearing Of the case without notice t0
tne other party. But To reverse the iudg-
nent aud condemn the proceedings Of a
Court as irregular and injurious, upon such
a hearing. Is an exercise vi Legislative pow
er. Of which believe there is 30 example
in this Or any other free Country.
5th. because there is danger that IF this
Resolve btcone5 a Law, il will be made use
of hereafter as precedent, for controlling
or annulling by Legislative Resolves tie
Constitutional proceedings ofthe Executive;
i egislatnre the nrMcerdinp.s NJ any Of he