The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1821-11-21

intention, al hfst, TO nffor any remaiks on
thi, extraordinary afsr--but the course
which the Map Geoeral has though, pro.
PEI 20 pursue, or rather tho bad advice he
has listened to and adopted, rejects so
much discredit on our STATE, sod on the
military system al large, we cannot refrain
from Offering our manifeslalio, against such
an outrage.
have noticed with no less mortifica.
ton than surprise the General Orders"
OF the Major. General, upon the SUBJECT
OF the recent Military Trial. The
" General Orders" are calculated in lhc
view of every military man, to cncour-
ape disobedience and INSTRUMENTATION,
and eventually to degrade the Militia of
our State, the character of which, has
within the last five years, been placed on
elevated and even enviable ground. The
Major. General disregrding the positive
laws of the state--the law nartial-the
usual course pursued by other Generals
Adisregarding even every thing reasona-
bic and appropriate on the OCCASION, has
taken it upon himself TO wipe away, as
with a sponge, all the doings of this
Court Martial---a Court detailed by the
General hlmsef-a Court consisting of
intelligent, honest, high minded men
This Court, organized with all the
form and solemnity which adds dignity
TO 'he organization of our Civil Courts,
deliberatlng day after day, on the sub lect
matter before them, until week rolls
away-this Court ultimately comes to
tine determination that the prisoner is
guilty of the charges preferred against
him, and therefore sentence him to be
Broke! But what says the General TO
this sentence T? do not hesitate to say
that the Major Genera! has usurprd
power which does not, under similar cir
cumstances, belong even to the Presi-
dent of the United States. BY virtue of
our statute the Major. General is empow-
cred to call General Courts Martial, and
is authorized to confirm, mitigate, or
hSabbrovs of their sentence, and any
such sentence has not the binding force
OF law, until it receives his signature.
grant too, that the Major. General may
entirely remit the punishment, which the
Curt, by their sentence orders to be in
illcted, or he may direct the Court to sit
again, and, as it were, begin dc novo,
and review their proceedings and iudg-
mant. But he Can no more decree any
particular ADD direct alteration Of their
sentence, than nc can alter the Judgment
OF Circuit Court, by sitting aside
Perelict rendered by jury of the Coun.
try. The power of approving the sen
tence of Court Martial, or of recon-
hitting the record to the same Court for
their review, is founded in ust and
sautary principle, nor can the sentence
be complete until it receives the sanction
OF The General, authorize d to approve the
same and enforce its execution. Yet
although the sentence of a Court Martial
Is not alterable by any power short Of
ley ative interposition, it nevertheless is
competent, at all times, for the Major
General, and equally consistent with the
sp"cihc duties assigned him, to remark,
and with severity too, if necessary, on
whatever may have been either omitted,
or III his opinion, Improperly adjudged
by any Court, over whose proceedings
he has this discretionary power of con.
.F,nrng, mitigating, and disabpro0ing.
But, as asked before, what says the
Maj Mor- General to.-the sentence of the
Court Mart'al, lately setting at East
Greenwich ? Why, to be sure, he says
" The Major General approves the pro.
ceedings and sentence of the General
Court NEUTRALITY-SUSPICIOUS. what But
IN consideration OF the general good char
acter of the prisoner as an officer, and
Imark this OF the eoufrdriety OF opinion
heretofore existing on the question de-
Cided l,y the T,nr, th, Milo, Cener,t