The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1827-06-22
From The Democratic Press.

EXECUTION OF THE SIX MILITIA MEN.
IL is of the utmost importance that the law
relative TO this horrible affair should be correct.
Iy understood, not only in order THAT we may
properly estimate the guilt of General Jackson
but thai public opinion may SO manifest its If
as To prevent, if possible, the recurrence OF such
| a tragedy
There has been preence family made that
the men in question were drafted for six months.
Ii such was the fact the draft was void from the
beginning, and the officers had no rig1t to COM
pei the men, under such draft to serve one day.
Congress never passed law authorizing any
drait for SIX months.
The Alb section of the Act of February 28th
1898, prescribes that mo officer, non-comlnis-
" stoned officer, or private of the militia, shal
" be compelled 10 serve more MOn THREE months
" after his arrival at the place Of iCndezvous in
any one year, nor more than in due rotation
with every other abe-bodied man of the same
frank III the battalion 10 which he belongs
As for the act Of April the latn. lsli, IT is not
necessary TO calculate whether il could have
been known IN Tennessee when the draft in
question was made (that is IN May lSl4) afor
that act does not authorize STA months draft,
The section relative to this subject, which ia
the 18th, runs thus, " That the militia r,nen cal.
led into the service of the United S,ntes Inv
virtue of the before r"cIted act (which is the
act Of 1875, above stated( "may. il in the ol,in.
ION OF the President OF the [ States the pub-
iic ihterest require II, be compelled TO serve
" for term not exceeding six months after their
"arriVal at the place of rendezvous, in any one
year So thai was not necessary tor the
officers who gave their opinions as To the legal
length OF the draft, to have shcwn their i2no-
rance. on that occasion. The ouly question was
whether the President of the United States had
transmitted special order to extend the term
from ne to six month,
No such order is, or was petended TO have
| existed or ifn had, it would have at once been
published and universally understood The
question which was agitated in the camp, aud the
only question, was whether men could be draft.
ted TO serve Tor more than three months zen.
Jackson has, III his own possession. all the docu-
ments relative 10 the matter; if special redui-
stion from the President had beea among the
number, il would have been produced at the tri-
| al or at least it would now be produce /, and
would be on record at Washington city Ii would
in fact have been part and raroel IN the history
OF the times.
This termines the illegally and consequent
! guilt of all concerned IN the tragedy of destroy
ing these unfortunate men as the jackson
committee very truly dcnomnates them. But
there are other circumstances OF IirgaliIy. yet
I to be noticed. The court which uied those men
was. what the law terms Garrison or Regimen
tai Court Martial. 1t consisted Of three mem
bers, Lieut. Col. Perkins, Major {. w Smart
and Capt James Blackman. The articles an,
rules OF war under which they acted prescribes
Article 81, sec. |. that " No garrison 81 regimen
tai court martial shall have the power to try ca
pital cases commissioned officers, neithe
shall they inilct fine exceeding one month
pay-nor lmprison, nor put to hard labor, an,
non-commissioned officer or soldier, for longe
time than three months"
The SD section directs with regard to capita
cases, that they must be tried by a genera
court martial"
article oil, General courts martial may con
sist OF any number of commissioned officer
from fire TO thirteen incllSisely bat they shall
not consist Of less than thirteen, where that nun
Der can be convened without manifest INJURY t.
the service
Wit regard 20 TIN 'rials cf the ed - Not