Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-10-27

tic Press has committed an error IN making
this CORE Dondence between Gov Blount and
Mr.. Madison refer 10 the militia whose term
Of ser, ice expired on the 10Th OF oeptemoer,
1914. Ii had reference TO given period. In
order 10 test the legality of the act, we proceed
to statement Of the several laws relating 10
the militia when called into service.
The law which provides "for calling TORN
the militia" and which has never been repeal
ed. bears date FEB %, 1875, and the ,:Ih sec
ion of this law declares
"rhal no officer, commissioned othcer,
or private, of the militia shall be compelled TO
serve more than three months after his ARRIVAL
a, the place Of rendezvous, in any one year, nor
more than in due rotation with every other able
bodied man Of the same rank in the battalion
u which he belongs"
A law, temporary in its operation. and en-
acted for a special purpose, was passed on
the 10th of April, 1872, authorizing de.
tachmenl from the militia Of the United States.
This law authorized requisitlon upon The TO-
yernors Of The several States, Tor their rcspec-
tive proportions Of one hundred thousand mill
tia, ulcers included. The third section OF this
ac.. which has been quoted by the editor oil The
| Telegraph as the guide Of the conduct OF Gen.
| Jackson in Jan. 1915 runs thus
| "and be il further enacted, that the said de-
| ,achment shall not be compelled TO serve long
er time than six months after they arrive at The
| place Of rendezvous"
The ninth section Of the same act runs thus
"Sec. And be it further enacted, That this
act shall oninue and be in force for the term of
t,co gears from The passing hasreoE and no longer
| The act consequently expired according TO
its own limitation the 10th Of April 1914. 1t
| cJ l.
milar to tina, contained in the third section, anc
relied on b. the Telegraph TO establish the lie
gali,y of Gen. Jackson's conduct, included in
any subsequent law
From the 10Th 10 The 18Th Of April, 1914,
there was no law providing for calling on, the
Militia, bu, the act Of l795, to which we first
referred
On the 18Th Of April, 8l4, the act sin addi-
lion 10 the act" Of February, 1875, was passed.
| By the 9Th section oflhis law il is enacted
"rhst the Militia, when called into the SER
vice of the United States by virtue OF The before
reci,ed act, the act of l795, which limits the
term Of service 10 three months, may, II IN the
| opinion or the President Of the United States,
the public interest require il, be compelled TO
serve for term not exceeding six months al
ter their arrival al the place OF rendezvous, IN
any one year"
The above facts will satisfy the reader that
a body Of militia called into service alter the
10Th of April, 1911 5, could no, be subject TO the
law of SIC, on which the Editor of The Tele-
graph relies for the acqniial OF Gen. Jackson
from the charge of an Illegal execution OF the
militia men. The order under which the re-
piment 10 which Harris and the other militia
men executed, was called out, is as follows:
May "a, 1924.
Brnpe 7snnesseeans Of HE I'd Dirisioa--The
Greek war, through the Divine aid OF Proyi-
dence, and the salor Of those engaged III the
ampaign, in which you bure conspicuous
share, has been brought to happy termina-
lion Good policy requires that the territory
conquered should be garrisonrd. and posse ssion
retained until appropriated by the Government
Of the United SAFES In pursuance OF this po-
lcy, to garrison and retain possession of The
Territory. AID TO relieve the troops now sta
toned al forts Williams, Slrother and Arm
strong, OH the Coosa river, as well as Old and
New Deposit, I am commanded BY His excel
lency Governor Blount, to call from my Divi-
sion one thousand MT n in the service Of the U.
States, for the period Of six months, unless
sooner discharged by order of the President oil
thr y nitrd STATES.
The Brgadier Generals, or officers COM
mandng the 4th, 5th, 9Th. 18th and 9Th Brigades
Of the ID Division, will forthwith furnish from
their brigade, respectively, by drafts or Uolun-
iary enlistment, two hundred men, with TWO cap
aims, two first, two second, and TWO third lieu.
tenants, and Nv o ensigns, well armed and equip
ped Ior actual service, to be rendczvou,cd al
Fayetteville, Lincoln county, in the State Of
Tennessee, or the Goth Of June next; and there
be organized into regiment, al which place
the field Off ers and muster-masler will be or
dercd to meet them.
Officers commanding the brigades compos.
ing the I'd division Of Tennessee militia, are
charged with the prompt and due execution o.
this order.
ANDREW JACKSON, Major General,
Commanding Cd Division +. Nj.
1t will be seen that the terms in which thi:
order is expressed, proves that Ge''. Jackson
was himself ignorant OF the law. His calling
out OF the militia on the 24:h May, 1914 f" 70,
The period Of sir momhs," was i,selfa violation
Of the law After the Io'h Of April, 1914, the
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