The Portland gazette., 1819-03-23

tent TO discharge all the functions OF officers
appointed By the authority OF the genersl
or state governments, for we ii d i've OF
them detailed afterwards 70 siton general
court marital on trial of life and death.
Might not. on the same principle, General
Jackson have tried and condemned and ex-
ecuted any officer of the Georgia militia,
by the sentence Of court martial cempos-
ed of officers created by him, and holding
their assumed authority by The tenure OF
his will
Your committee will dismiss this branch
of the subject by observing that consistently
with the character and genius OF our gov
ernment. 10 officer, however high and ex-
alted his station can be justified for an in
| fFingement of the constitution. IL IS an OIL
fence against the sovereignty ot the nation !;
this sovereignty being vested III the great
body of the people. The constitution -
the written expression OF their will, and "a
boye the control of all the funcuonalies
combined And when that instrument has
been violated, the people alone have power
| to grant the indemnity for its intracuon and
all that can be said in favor Of the officer
who traHscends lis constitutional powers
must be taken, not in justification OF the
act, but in mitigation OF the enormity OF the
offence committed. With this view OF the
subject, which they conceive to be cor
rect one the committee have in vain sought
| for an excuse for the commanding gene
raj. He has stated in his letter 10 the Sec
retary of War, assuming the power to Judge
for the national legislature tnat volunteer
force of mounted men would be the least
expensive and the most efficient His duty
was 10 execute the orders of his superior
officers, not to disobey them; obedience
and subordina,ion are the first and highest
duties of soldier, and no one knew better
the truth of and the necessity tor, observ-
ing this maxim, than the officer in question
For the truth of this observation we have
his own declaration. In the letter TO the
Secretary Of War, of goth January, 1919,
ne says, your letter enclosing your gener'
al order OF the Oath ult. has been received
like yourself,Ih Ihave no other feelings to graf
ify than those connected with the public
good, and it gives me pleasure TO find We
coincide in those opinions calculated to pro-
duce it. Responsibility now rests where ii
should, on the officer issuing the order
and the principle acknowledged is calcula-
ted TO insure that subordination SO necessary
to the harmonious movement of avery part
of the military machine"
1t is to be regretted, that an officer who
seemed to be so perfectly acquainted with
what belonged to the duty of others should
have been SO totally regardless OF, or un
conscious of his own and while the COM
mittee are willing 10 admit, that the volun-
teer forces called into service by Gen. Jack
son were more efficient and less expensive
than the militia, had he confined himselfto
the usual proportion of officers, this they
conceive should not be argued as an argu-
ment in favor of employing them, or plead
in justification of the unlawful act, Tor ii
these reasons be considered conclusive, and
should be acquiesced in, they will be up
Piled with increased force fortified with
this precedent) in all future wars an army
of regulars will be considered (as they real
ly are) more efficient and less expensive,
than either the volunteers, if authorized by
law, or the militia, and the officer at the
head of such an army (acting on the princi-
pies before stated and encouraged by the
acquiescence of the nalion) may dispense
with the militia altogether, and increase the
regular army to an extent that folly or am
bition may suggest; and ell this under the
plea of necessity, The committee can
scarcely imagine possible case that may
occur in future war, where The necessity
will be less strong than in the present.
| This war was waged when the United
States were at peace with all the world, ex-
cept the miserable undisciplintd bsnditti of
&c deluded Indians" and fugitive slaves /;
their whole strength, when combined, not
exceeding 1000 men, opposed to whom
| (preyious to Gen. Jackson's taking com
mand,) and under Gen Gaines,were force
OF 1900 regulars and militia, besides the
1900 friendly Indians, illegally subsidized
by the last mentioned General, what then
in this state of the case becomes OF the plea
Of necessity And ifit be admitted IN this
case TO Justify or palliate an act OF military
usurpation, the committee would anxionsly
inquire where ii is TO be disallowed or de-
MED 2 And here the committee having
pledged themselves faithfully 10 disclose
facts, and impartially to draw conclusions,
beg leave 10 remark, the conduct OF the
commanding general in raising this volun-
teer corps was appreciated by the war de
partment, as will appear by the letters OF
The Secretary, dated 29th day Of January,
1918, and it is but justice TO the department
TO state, that it was not until the officers that