Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-12-18

been a subject of cow ersation among The Off
GERS, u had been justified OIL the ground of the
absolute necessity OF resortinp TO il. There
were, he donbted not, repeated instances like
this, in which, under the eyes of the officers
the articles eft war were openly violated. Tie
soldier. so far from preferr,ne charges against
those who violated these rules, to his injury
dared not even isurmur. Ii was very proper
now, Mr.. 5. said, to ascertain, whether any
orders from the War Department sutho-
Iized these proceedings; aud, II not,it was
desirable 10 know why proper measures mad
not been taken TO prevent their recurrence.
MIR. Locniies said that although enough had
been said TO convince him that an enquiry iuto
this matter by the Executive was already on
foot yet he consideredit sufficient to Justify
thus House, IN making call OH the Executive
foriufornatioa, that any member of the house
declared That he desired that Information. He
was therefore in favor OF the resolution. MIR. l..
made some other remarks. With egard To the
incident referred to as having occured in the
Revolutionary war. MIR. l.. said il had no
connection with that which il reported lately
TO have occurred, (and of which he heard tor
the first time today but depended on Other
principles. If any gentleman believed that
habitua, violations of the law took place, in
regard to the infection OF punisinepts 10 was
certainly 4 iii subject of enqury--so much
mn,ter Of course, on being asked tor, that lie
hoped no ono woul+ object toll.
Mr Smith of Md. said, il struck him, at first
view. that the resolution might be taken TO
imply acensure ON the Executive, by in,put-
ing 10 il knowledge of violations of the law,
ter " hat had been said however he should not
further object 10 the enquiry
Mr.. Co6b rose only 10 say, that as far as his
Information went, the pun shments he had re-
ferred to had been Inflicted not onIy without
the knowledge of the Executive and War De-
parmeDt, bur contrary to their known wishes
and ujurcuons.
MIR. Williams said, with regard to ceusure of
the Executive, II was no part of the object of
his moion, nOr OF tue motives which led him
TO makeit. He supposed, on such abuses be-
ing known, the most proRpt aud rtfectual
means would be taken hy the Executive 10 cor.
rect them and The information TO that fleet
which The resolution might elicit, %ould re-
donnd 10 the credit of the Executive. Con-
fldins IN the integrity and good dsp ositiou of
the gentleman who now presides over the at
fairs If The nation he believed h. had caused
the matter tohe enqured unto But he wish
ed officially toiknuw thu fact and he felt per-
suaded, that if the President himself had heen
consulted III regard to this resolutIan, lie would
have wished II TO pass.
Mr.. Taylor, of New York. wished the reso-
luton to lie on tae table he had no objection
10 the enquiry, but to the generaiitv OF the
terms of the motion Ii opened too wide a
range, in calling for intorma non or every mi
litsry execution within five Years instead of
pointing tn the one referred te rs being rro-
per subject tor enquiry. With ard 10 what
ate tgtrIu puuishments, said MIR. L. The Presi-
deut may entertain one opuion and we ano-
Their We know. indeed, tnis House was, at he
last session, nearly divided III opinion respect
in. certain punIsbments inflicted by the Com
nierder Of our Army IN the course of the Se-
muue TO avoid complication ia the
erqnlry by making ii too extensive, Mr. Il.
SAID he was deStTOuS tual the pnject of the en-
qu,ry should BE- more particularly deiiued
Mr. Floyd, % Virginia wished the resolution
10 lie On The table not thar he would refrain
from enquiry IUto this subject, but because he
had Il from yer. good authority that Court
Martial had been Instituted on the case; that
its proceedings were now before the President
OF the Uuited States. and that the result of
ftag.r Il
Until tnat was dohe. he should think tas House
should delay any proct edmgs it might tank
proper toinstitute relative TO this matter
MIR Irim6le of Kentucky next spoke. Why
lie asked was this resolution to lie upon the
table! Did gentlemen desire TO make all in
formal enquiry on the subject from the fIxecu
tive or some head of a Department, 81 bring 1t
into the house ( Ii AN enquiry was 10 ne made at
ali,hadit not better take the regular course now
proposed? Ii the facts were as stated was il
uot due 70 the country that AN enquiry should
be made les this house. and law passed for the
prevention OF such abuses ofpOwer for the fu-
tures The fact. as stated, appeared To be thar
citizen of the United States had been put
TO death without ial,either civil or military.
A geaSon why this proposal 10 snquire into II
shouts not be laid on the be was, that if the
facts should be confi a,ed, there were other
and higher duties than those of enquiry mere
ly which this house would be called o. TO per
form. 1t would he found, on an exalniua-
tion of the rules aud articles of war that utter
c0nrictton by court martial, commanding o.
ficer may approve sentence of death; bat
inPeace, no military execution could legally
take place but by appreciation and authority
OF ibe President OF The United States NV
here VAS a ease stated IN which d aIh had
been afflicted, rot only without the authority
OF the President hui without trial by A conf
martial If the iawmartiai is not stront enough
TO prevent snch eXcssses, said Mr.. Il, we
must iry some different mode
mir Mercer, OF Virginia, said il sppeared 70
him that, pom the information which had been
u. - tli,,f nm rtp a
ty Ot the house to prosecute this eIuuiTy-not
ONLY for the reasons staiSJ but because il had
been asserted, and contended even in this
hou-e that the rules * articles for the goysrn-
ment OF tue army, are not binding OH the army
after II passeSihe limits of the United States
III such were tho fact, it was high time some
rules should he made fortte government Of b,
army when without the limits of the United
States
Mr.. Holmes. of Massachusetts, although he
dld not approve the mode OF the enquiry pro-
posed was yet opposed 10 the motions being
ordered to ne on the table. He was in favor
or the enquiry proposed, but he was not for
submitting the question for the deci.,on Of
the Executive, What military executions had
beeu tegai OF otherwise That was question
which this house Cscht 10 decide for itself
IL the motion to lay the resolve on the table
should not prevail, he said he should prO-
pose an amendment, the object at which
Mouid Oe, TO ieier the enquiry TO the COM
mittee on military affairs, and not TO ,hs
Executive. All the Information IN posses,iou
OF the Executive could he obtained b. thcn,
as we'll as information from other quarters.
which might be very different from thai ~,
the possession the Executive. Mr. fl, said
ne would not have the enquiry mHpd II
was enough for him that Tie blood ef a ci
tiIeh had been shed ia was enough for him
that he had heard so to authorize the insIi
tuition OF an enquiry ....When "a soldier was
slain BY his ofhCeT or by the orders of his
OthceT, II wa the duty Of the house IN en-
- a laTlN A.