Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-11-04

. 1i. S'ure Hiartld 10 consist OF Lieut.. col
Mason, president, &c. will convene at the Co,r,
House IN Leesburg, on Friday the third dav 81
next month Tor the trial of delinquencies which
occurred under the Iate requistlon of the Cove.
nor OF virginia and Secretary of War for roilit.
from the county of Londoun
(Sgned) HUGH DOUGLASS,
Brig. Gen, 9th Brig. ofYa Nj
me court oelng convened, the following pro-
ceeoliSS were had. 1t appearing to the sStisfac-
sIou ol tne court uiat the following persons ofthe
county OF Loudoun were regularly detailed FIR
militia duty and were required to take the field
under general orders of March 24.h 1913, but
REUSED or failed to comply herewith, Wherein.
on ms court doth order and adjudge thai dr.
be each seyerally fined the sum anSe,e,i "a. tbe;r
names, "to wit William Meade g4Sp On the
part OF the petitioner the obligation of ths sen.
tence is denied
list. Because il is court sittiug under the au-
thorlty oftle State, and not of the United
States. o-i''ep
Sd. IL has not proceeded according TO the law.
OF the SAFE, nor is 1t constituted according
to these laws 80
3D. Because the court proceeded without NO
tee. '-'oN' ii'
= ne court was unquestionably convened bv
ie "uuiority Oh tie state and sat as a state conrt
't is however cOntended that the marshal
ray connect INES assessed by state court for The
IN IN nm
suance OF orders IF the pres dent of the TTpi,ed
States.--Ihe constitution of the Tinted sistss
gyes power TO Congress to provide for calIinp
lorul inc militia ~ execute tie laws ollie union
&C III me execution Of this pOwa ar, II ;s moi
doubled That congress may provide the means &c
punlsiiing those who shall fail 10 obev tbe re
QUESTION made in pursuance Of the laws oftbe
u'nop ana may prescribe the mode of proceed
n'6 against SUCH delinquenis, and the tribunals
which
inueed IL would seem reasonable 10 exnect tbat
all proceedings against delnquents sbouJd resi-
ON ne authority OF that power winch had been of
iehded by tie delinquency This idea mu.t be
retained while considering the acts of congraes
The first section Of the act Of 1905 s,,f,o,,se'
the president, [" whenever the In; ed stsfes
'ian ne ln'aued, or IN imminent danger of inya-
sw' 'pcali ior'n such number oil tie militia of
wv. s'a'e OF sateS most convenient to the place OF
ol'Ssr OF sSeHe OF action as he may Judge Dece.-
saFJ 20 repel such iuyasi0ns and 10 issue his ar
oefs i9r tiat purpose TO such officer or officers
VI t,e m1itiin as he may think propero
Inc ON section ehacts that every Officer. nm.
commissioned officer or private oftle militia Who
shSn iah "a obey The orders of The pres dent 80
the United States in any ofthe cases before r.,,
'sd' snail forfeit sum not exceeding one vear,s
pay and not less than one months psy, 10 he 1,e.
lefmhed aid adJudged by court martial,' The
o''i Sec.ioh enscts g ,llat courts martial for the
trial Of miiitis shall be composed of militia sc
fcers only" ''''''A VI
CPon these sections depends the question wbe-
'ner courts martial Tor the assessment of fines
against delinquent militia men should be const,-
1ayea under ne authority Of the United states
o., ~ tne STATE 70 which The delinquent belop9s
y ne idea originally suggested, that the tribunal
Tor the trial Of the offence should be conqt;,5, III
~ on derive IT'S authority from the government
against winch the offence had been COMMIT, "a
would seem 70 require that the court tb.s rsger'
ca 70 ~ general terms, should be court sitt,ne
uhuei The authority OF the United States i
YOU'D be Reasonable % expect hat il he po,gsr