Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-10-30


nave mistaken this for "Reyimpntsl or Garrison
court Martial" when, FROM the face of the order
constituting Inc couf', il is evident, !; cond be %
ot"er thsn GENERAL COURT MARTIAL
Chuer all 'hs circumstances of the case, the Court
iound The prisoners guilty, while General Jackson
| hid nothing more thin approve the proceedinss;
or IA oher words, to wrLhnld the exercise Of the
raidohinS power which by law rested with hin.
CRJEClIoNs.
~ 10y some 1t has been insisted, that the court
was lncompet ent that the number ccnaposiug il
souid nave been ihirteen and Dsi did not consist
81 th's NUMBER therefore it is main aimed to have
oeeo Illegally constituted and consequently that lis
proceeding void.
! Courts martial may consist of any number OF
CONN ls@ionsd officers from 20 3 zee the 64;h
article OF The RULES and Regulations of war; and
sach c"nrt VIII be lrgal. IL should though consist
OF thirteen. where such number of officers can be
had without injury to The bic service; otherwise !
any number, not less than iiye Will aaswer-such
l. the law upon This subject
The committee state, n nlisruiabe mater
OF i"c'' 'hai such was he pressure of the moment,
anu the -carci'y of officers, that ev en- organic cd
- me court was, of seven, that number could wih
d'icui. y he spared the public service. The at
tsck which IN August h1d been male upon Mobile
Fo'n' ny = Is iiish rqradr9n-thc reduction of PEN
sacos, and "a lodgmeni Of the enemy there in No
venher; together with The prevailing rumo,. and
opinions, tina; decent to he expected on the
sou hefn coast, all poihied TO the necessity OF
Kespi'g every olii:er al lis post; aud the neces
sly TOO OF having The trials of the prisoners pro
crossed with, thar their example might ! OF prove
/ nj perniclouS eject to Others. Indeed not werk
elapsed. beo BRITISH Feet anchored Of, CAT III
anu; and In lew days thereafter, to wit, en- the
i+lh OF December, Gun Boats on Lake Borne
: Near New OIIesns, co'sii-u'iDg our only marine
deIshre IN that qiarier, were CAPTURED and desc
uoyed. Even 20 this time, II, 'roops from Est
eHnessee and Georgia, had arrived. Tire re-
siment OF Colonel Pipkin, constirulel the rrinci-
Pal reliance IN garrison tire posts and TO hold il
check The Creek Indians, who siond ready for re
voii on Tie bTst appearance OF British lotce-
These facts and circumstances 20 clearly 20 show
that 6 eater number OF Officers could not hav,
been spared from public service Indeed, General
jackson had already departed from Mobile to View
Orleans, 50 urgent lid matters appear To him. AMI
had conhded The Sling up the ron,t TO Col Pm,
KIN. towards The men composing his own regi-
u,en', Col. Pipkin C uld feel DO prejudice nor en-
tertsin wish 10 deny them impartial TRIAL; he
must have bad every disposition TO afford such a
court az would extend 10 them equal and i,npar
iial justice.
Fad O6i sc'isr. That per-on can be sem
fenced to death. but 10y the concurrence OF Two
thirds OF The court. To his objection, there is
but one reply; the sentence OF HE coGr:, a. the
committee are advised, was altoy ether unanimous
Ca he ground, then, that the whole slwaye in
! of two thi,ds
I'D Objection. That II was Carri-on c.
X -gmen'ai Z uri AIarial, which By The rule. aud
articles OF war, rad not tie IigLt and pow q to
( Try ior capital Fences. it neither The one
! nor he o'hfr; b1t a. the language of lie Order
imports:a CLEER Al COURr MARTIAL
IN Objection. Tia; pc &C had heeu restored;
The battle OF the s J! ciJanusry ga.nzl-au danger
past, anc hence, there was necessity for y
, ,mpieS; or Tor enforcing rigid and exact ruler
Pe'cs had not been re-trei. /, is true u. battle
/. pi Orleans had been Won; bar - ,yhel new point
tlfe enc rn- it-itf D
uncertain. Indeed. it was only on NE is,h Of
Jan thar the enemy abandon ID he Aiississippi;
OFT Bowyef was assaied X cap urcs CO the I IA
OF FEBRUARY. ], not until the iGih off sbuary
1872 that rum0r OF peare were communicated TO
General jackson at New Oslesn- ,hroush the me
dunn Of the enemy fee. Far some time after
the British hal retired fom Ne.v Orleans. tn.
Commanding General d'stru-rns the Intelligence o.
peace, was constrained 10 adopt every ,,,-.au.;on
let an attack might I've made At some uneuafied
point, and an advantage obtained lis aaticipa.
lions correct; lur shorty sf.er.ycrds Mobile
Point was assail-d and carried Smely, then IL
WIS not a time, wlca any jhiGs at r1'iny snd
deser'ion, should have been encouraged tlr ush
lsniiy on the pest OF Ihs Commanding Gcnsrsi.
OH Ujsc''or. The l.st objection taken which
WIZ he no iced - ti,t those aea rre IT. ser, ice
rater, and IN puTsT3rce Of ,ir act Of CONGRESS O
IT95; and Inst couscq Isntl- they could ne do
tanned oily for 'oir Oi three months service {.
ifat' punish t"e", was iawor-r and against
law.
This erc lmeni Is efronsors and ,s7tea.tI.
throughout, 81 III Be Shown; but Tor yo-r,eul.
suppose II 30 be true as stated The answer H. &, AZ
admitting his TO have been aciu,lIy he csse. ,h.t
they were 10 service tU frr three month. ii can
m no Vie vary tie Ga~s'inn. 90 thc inr,inou.
acs charged on The Vri>one-s, took r!sre k-fgre
The 2O'h OF Sepfe Wta-, fni ronsecuent!v before
. ne expiration OF three -~cu'h7 from he clfh ~
Jnnei ~ which iime they were rnrs cred INTO SER
b wee. Even tp0n this g1op.d, tier- yys. puju.
Ihe moiiry not. raj ia-ub " Ya,ion complained
ST. heiag vi .in the three fiouiI. tho ter,gi fo,
"hich, as % o. sail, they were iu service Under
i'e 'rt 81 47tAi constituted oN nr-s sg,in-, ne
Ier"SHi@et laws oi ,hc county atL ere puui-ta
bic.
BH il Is not true. t'a' 'h,ss men were cgil.l
INTO service tor ihfre months. Thry were called
upon and mustered lor SI,t MONTHS, rrhtft.l-
" and agresably 90 lsw anl not only viii tli-
he made manifest By incog,e,tible documents, hn,
ikewi'e that they, theina,lvrs. were folly APP.
priced hat su"h was ue feet. II Is correct. ~
has been stated hy those who object 20 the con-
duet 81 Ten. Jsrisnn that go viri.s rt any po,ve-
which the Governor Of State can eve,ciee. q art
from The gene'ai government, 'ufil can be ORDER
90 g." ihe field, ahd detained iiirIr but Gr three
monhs' yer, in viz or Of rcycr.l acts OF Congress
ihe i2-' OF which was passed orf approved ru The
l5'i OF April, 1919 'bs President ri the IT, s.
ives author 1pd TO call info active f-tv'cr tis mt
lIia, ior airy length of time. rof ,yceeiIa. .y
mcnih'. 10 pursuance Of tbs sD'hoG,r. t's Pres
idcn', hy hs irope, organ, live Eccr~..yol tv
empowered che tsorefu5r oi Ipi.or.,,s. "a, ,.t b.,
hi7 stead BIO csiirg DE- rnils p.,o actual .rr irs
a, whl aPpraf iy Ne following section 81 ,i,. aci
oi Congtss sujie.fst- f,c, Gis sar,e,sf. obi ,y,r.
CuApTER l.9
'n Fri i1 iuF be- sitiuon Gov an srf rn'i,lrI
~ +'' IE'i@ 'heciH'ily 90 TFnfiIo icr Ore rs-