Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1827-10-27
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LIT HRARY CADET /.
PROVIDENCE. SATURDAY. OCT. a7.
THE COURT MARTIAL.

THE COURT MARTIAL.
As wo expected, tho gentleman of tho Jour
nal ingloriousy dies from tho combat he solic-
itod. and finding that he has stood upon falso
premises, and that through stubborness or igno-
rance, he aas attempted TO sustain points which
are not capable of being sustained, he sets up
a cry Of foul play accuses us of resor';ng to
Aosmaticai declaration. and Of treating him
witk scWriihty. To the last charge, ~o oppose
an indignant rsfutation, and distinctly svow.
that we are iacapable Of treating him with un-
fairness or scurili,y; and for his especial infor-
nation, We tell him. that he has thus domean-
ed himself. for tho sake OF creating a loop
hole, to cresp ont Of And. a. ho is young at
tho press. i. becomes ss 10 give him little
advice, and TO say 10 him, that he, who, as a
conductor Of public pross. expects TO gain
hs points and the applause Of tho world, by
setting up cry about his own personal digni-
ty, and self satisfying consequence, will find
himself vastly mistaken, and that though a
watch seal may &c oncascd with gold. tho fact
does not prove, that the interior is nothing but
pewter.
| But this is foreign 10 our purpose, end We
proceed to reply to the objections urged by the
gentleman, and contained in a very ode kind
of a production, published in tho Manufactu-
icrs' and Farmers Journal Of Monday.
The gentleman shall DO heard for himself.
and his objections shall be given as he gave
them, and the first that strikes US most strange
II. .cads as follows:
"Hc. Lieutenant Mcsho y was nrragned
and plead not gully, counsel was allowed him
in his defence, ard in addition TO the plea Of
not gully, another to the jurisdiction Of the
Court was filed and received by the Court
Whether there was or was no, any substance
to the plea, the accused had a constitutional
right to bo heard on it, by himself or counsel
agreeable to the rules IF the Court. He was
denied that right, and in consequence there
OF, protested against the proceedings of the
Court"
We arc sorry 10 find that our friend. is so
very ignorant of Law Martial ,and as little in
struction may be Of service to him on future oc-
cssions wo will inform him that he is altogeth-
er in error. in snpposing, that the plea to the
jurisdiction Of the Court, was good. and could
DO sustained by any Of the principles or max
inns OF law. If that plea had been filed .frst,it
might have had claim to the attention Of the
Court, but as it was filed after the arraigned
had pleaded not guilty to the charges prefcrr.
ed had and joined issue. it was improperly filed,
and tho Court were not bound to listen to it
for momen., and Of right it ought to have op-
posed its reception. On this point, Ma!:by is
clear and unequivocol;-w quote from him,
page 534, chap. ri.
| "In all trials before q Court Martial, it is
necessary that the accused should make a
plea, or at least have tho opportunity to plead,
before the Court can proceed TO the examina-
ton Of witnesses. These pleas may be either
!. The general issue, or " not guilty,
II. A plea in bar of trial. Or,
Ill. A plea TO the Jurisdiction Of tho Court.
1t is to be remembered, however, that these
pleas, either to the jurisdiction, or IN bar +,
are to be made BEFORE the general issue is
Joined, or any other act committed, by which
the jurisdiction or competency Of the Court is
acknowledged"
Hence il is clear, that the plea to tho juris-
diction for the Court, which was filed by tho
counsel Of the arraigned, was not good, and
could not bc sustained either by the principles
Of Law Martial, or by rule, or precedent. And
we are surprised, that the gentleman should
contend for il. if he be not absolutely ignoran,
Of the law, and Of the case he undertook to
manage.
mt ha Al rh.th th~~ al
plea was a good one, or otherwise, " the &C.
cused had a constitutional right to bo heard
on il, by himself or counsel, agreeable to the
rules Of tho Court When ho ven,urcd ar
assertion bearing an aspect SO positive, he Ger
tainly could not have known any thing about
tho rules OF Court Martial, or he would moi
have huzardOd his professional reputation or
the baseless fabric Of vision"
but since he insists, that the accused had q
constitutional right to be heard, on his plea
to the jurisdiction to the Court afier he had as
sented 10 its jurisdiction, ,and entered his plea ol
not guilty. we shall be infinitely obliged TO him
if he will have the goodness 10 show US. upon
what that constitutional right is founded.
As il will save him deal Of trouble, we
will, for the sake Of helping him along, antici-
patio his reply, by supposng that Q alludcs to
to the following article, contained in tho Con.
stituton Of the country:
In all criminal prosecutions, tho accused
shall enjoy the right to speedy and pubic
trial, by an impartial jury Of tho State and dis.
trict wherein the crime shall have been CON-
mtted, which distric, shall have been previous
ly ascertained by law, and be Informed Of the
nature and cau.c of The nccns,tion In ha m