The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-12-03

22d November instant. The many interes
ting points that were raised have not a lit
tie contributed to render this court marital
the most important that ever sat in this
state. The high asd daring violation of
the public law in the total disregard of go
vernment regulations the number of indivi
duals personally interested in its decisions
the sympathies of frisnds and the preju.
dices of enemies-hss given IN ex item,nt
to the pubic mind which called from the
adjoining villages a constant and crowded,
auditory TO witness IFS issue. AN opinion
had gone abroad that political views had
controled the selection OF the court that,
the secret and silent procedure OF courts
martial was 10 overrue the free discussion
OF Common law court that 1t was formed
20 arrniga without enquiry, aud To condemn
without proof that.its proceedings were TO
characterize sitting of the inquisition ra-
theT than bigh caurt OF judicature. The
opinion however was more mater of re-
proa,h than real Apprehension : it emerged
from the fear of merted punishment. add as
military court, carrying With it the power
and authority OF government, would feel in
! ciiped io.pupish in volunteers what it might
pardon in the militia. Such NAV have been
the opinion of the court. but it never for e
moment, controlled the legitimate claims
which the persons had to a tair and impair.
! ial rial
The court met at Waterford, .and procee
den to tn trial OF those delinquents who
belonged to captain Dole's company Of Vo
nnteer rihemen, called the Troy tolun-
teers.
| The judge Advocate was assisted by hGr.
| Russell and Mr.. Till tson.
Messrs. Bue, F0ot and Tracy, for thede
, iinquents, who were arraigned under the
section OF the act of 1895. which directs
that all those failing to obey the requisi ion
OF the President, shall b., liable to a fine, 10
be .djudged b. a court martial.
Inc first question rl;ged on the part Of
the OFF nee was as 10 the competency Of the
court. IL was stated thai the act OF 1925.
made no provision for ofgsn'zing urt
| martial that il was c0sns oniiSSUs
which re- dered the act inopera,ive-t 81 at
II the persons could be tried AT all Tor fail
Ing to obey the requiS tion as expressed IN
| the orders ut his eXcellencv the governor
on the 3lst july, and the IL h Septeubeg,
! militia court martial was tue only co.. DC
ten eour.. The objection was uverruled on
the ground hat the act could not be ihope-
! rative. as it COM emplated the formation OF
court unler the existing regulations and
srucles OF war which dessSnaleh the mode
OF appointment; which des. gnation had been
Toll - cd n q c org anzation of the present
q
which the Court assumed aud which they
would not permit o. be questioned that as
we might the cuiprit when arraigned on
as trial, challenge NE Judge on the bench,
as that toe plea sf want OF iurisd,ction
should be admit q against the vahGity of n
Court marital acting On its own responsibility
! and proceeding at its own peril If the
| conr' adjudicat~d without conn etent gutho
rit@, the prisoners we're not without their
remedy.
The next question raised was th,t the
prisoners had failed to appear at the place
~ rendezvous, and nor being rlussared they
were MT the legal subjects of a United
> ates' court marital that this act w5sa
preliminary step to co9summ&te the chafac.
eT OF soldier, and Of course o make him
amen Die 10 re in"i III ton ,hat until
that act ~as performed, lie was ai.ue res.
/ p ns.ble to militia court. The curt over
! ruiel TIE .Dlrc i"n on the ground that CON
gres' had p - uader the FIRST article. sec
9,oi rjle Constitution. b IN 10 cail out and
! org n.ze the oiiitia and lhersf re the mo
ne"t tie miro ers were detached under the
orders o. the 3tst Jolly, IN became amen
! able 70 u ). court manial. The conrt
further DE- led, that the militia law OF this
sfoie as Il r-5s rded their authority and pro.
! ceeil0Bs, AS dead letter--that thew nei.
her asked FOR noT regarded any powers ur,-
! Ter it.
Rrese preliminary points being tl'sposedo of.
! de J iGgc Advocate inrr duc,d the separate
| r Eula.i rs of The President the general or
/ iers OF the governor OF thc>3lstJu add 1st
/ sep ember, and tie order of col. Lockwood
20 capt. Dole, which after some discussion
:s.'o their mode of proof, were placed CT. The
| flies OF the court.
! Ihe counsel for the defendant then IN
p'ieo ior compulsory process to procure the
! 80 oanca OF his exc, lencv the gov. ami
| adJtian. general Van Rensselaer,, on an al.
| edged Importance Of their testimony. the
motion Tor wb ca was argued both IN the
competency and materially of the evidence
/ as di-cl sed in the afiidavts The corr, de
clded aEGns the mott n, as neither disc tos
sing competent evidence nor pertinent mat
O. he pressnre of File governor was re
CURED T. ascert7i in whe her he declared al
Waterford (vhen and whtre the ullj,is
voi>nts eFS were "rdered 10 rcnde vouFj that
h had men sufficient and could do win
! out the con"pany hat re fus ed - at once a
faring parole test ony t. Contradict the
written order OF the l., Sept which directed
t e. to reildez Gus "a " aterf3rd. and from,
Hhich che prisoners did not pretend an ex-
caption '-esi'es, the offenre of the Dri
snners had already been contaminated. by
inc Iaiu to appear sgieea ly To the sc.
qms'tina ot the general orders previous 10
tue abeCged declaration IF his eXceltencv.
mention shat part Of Vie affidavit relating
g lie governor, to shea how little merit.
n Il i was to the defence, and more ns,ti
+ q L tfftr &c 10 ts... ..-a -