Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-11-12

vered TO me.
After pleasant run Of FIVE days wcreached
our destined port, and il being the sabbath gay
on which we landed, my first duty was talh'ieu
in repairing 10 the church and onering. " ivy
grateful Acknowledgements for me slgnai ois.
play OF the finger Of Providence IN my oeha'i'
and in which prayer for The unfortunate Pi'
rate was not forgotten.
The following communication exposes win
great force, the miserable sophistry, and con-
,emp,ible reasoning of that political monster
the NASHVILLE COMMlTTEE--self con-
s,i,u,ed to deify Gen. Jackson, and impose a
President on The free people Of the United
States.
For The Constitutional Wig.
NASHVILLE COMMITTEE.
AS the Enquirer Of the 3olh uit. contains an
other attempt on the part oil The NashViile COM
mi,tee, 10 Justify Gen. Jackson IN causing lne
execution Of The six militia men at Mobile, II
becomes important particularly 10 examine
,ba, ,ubiect. TO ascertain the truth. Such is
TN, the gloss and mystery attempted 10 be Town
around il. that 10 a true unde s,andihg<of it,
recurrence will be necessary to Anew ms! prih-
ciples in our government, so PLAIN thal 'hey
will not be denied, so self evident that should
be ashamed TO mention them, were II not I'M
Durtant always TO keep them III view, aithouSn
| they have been in some measure los' siSht OIL,
in The consideration heretofore given ms SUD
! ject - Ours is Il government of. laws, ana ho
citizen can be punished for not rendering SER
vice to the government, further than he Is re-
| uuired so 10 do by law. l he rules ana artiIles
| Of war by which The militia are governed when
| in actual service, can only apply I" them "heh
legally in service, aud consequently al no "'her
time can they 5e punishable for mutiny or oth'
er military offences. As II 10 not my intention
a, present 10 speak Of The cruelty, or the unne-
cessary harshNess Of the execution, these things
| promised, reduces the enquiry to narrow
point. To understand the legalty OF the trans
action let us examine the state oflhe law at the
lime with, esard 10 the militia.
In 1905 Congress passed law "to provide
for caing forth the militia" (ch. 277) IN which
II is provided by the 4th sect "that no othcer,
non commissioned officer or private OF the NIL
li,ia, shall be compelled to serve more man
three months, after his drricai at The place 81
rendezvous, in any one year" This act contin-
ued unaltered until April 10, 1912, when an
act was passed authorizing detachment from
| the militia Of the u States, by which the Pres
idrnt was authorised TO require the Executives
of the disfcren, States and Territories, TO ho!G
| i'm readiness TO march al moments warulnS'
their respective proportions OF 100000 men;
| and bv the Sd sect. it was declared, that the
said detachment shall not be compelled TO serve
a longer time than six months after they aTrtoe
| nj me- piace of rendezvous. This act II will be
observed alters not IN any respect The genera
men, of 100000 me ~, usually designated in
| ,I,; CT 4 hp fret and Gould OOIy
operate on those set apart to constitute that
detachment Resides The continuance OF the
law is limited to two years, aud consequently
il expired on The 10th Of April, 1914. Aware
of this, OH the 18th Of April, 1914, Congr, SIS
passed an act (ch. no, P. 7oD in addition to
that of 1875, and rrciling IFS title, by which It
his enacted sect. s. that the militia, when called
! into the service of the United States by cir
Tue ofthp before recited act, naay, Tin the
opinion of tie President Of the u. STATES
the puJHc interest require u, be compelled
to serve for Term no, exceeding six months,
after their arrirQl at The place Of rendezvous, in
any one year This act then leaves the gencr-
al term Of service for the militia at three
months, as fixed by the law of 'e5, and alter
The 10Th Of A priI, 1914, there was 10 law au-
,hori2ing demand for a longer period oil SER
vice, ualsss in The opinion of The President, the
public interest requiredH. This then forms the
exception TO the general law, and surely before
| the men could be held 10 such service, 1t was
necessary 10 show them that they came within
the exception, by showing them the orders OF
the President 10 that effect, and appeal 10 ev-
cry man in the community TO say, whether he
would not Otherwise have considered himself
as corning under the law, and not under the
exception; / appeal 10 every man who served
in the militia during the late war, when he re-
members his privalions, the inconvenience oil
his long absence from home, his anxiety about
his family and his affairs TO say whether he
would not have required some evidence that
he came under such exception, before he
would have consented TO such prolonged SER
vice. say then confidently, that before six
months service could rightfully have been de-
manded Of those militia men, the Presidents
order to that effec, should have been produced,
and tina, in failure thereof, they were justly en-
titled 10 their discharge, and consequently were
no longer legally in service at the end OF
three months If such an order Exists, let