Delaware journal., 1827-11-09

rhst The militia, when called into the service il
e The IIrted States by virtue Of the beUre recited
act 1.-THE act of 1885, which limits the term of SER
vice to three months. may If in the opinion OF the
president of the United States, the public interest
require it, be compelled to serve for term not ex-
ceedng six months after their arrival the place cf
rendezvous, in any one year."
The above facts will satisfy the reader that body
of militia called into service after the 10th OF April
1914, could not be subject to the law Of 1872 on
which the Editor Of the Telegraph relies for the ac-
quittal of Gen. jackson from the charge of an ie-
gal execution of the militia men. The order under
which the regiment. to which Harris and the other
militia men executed. was called out, is follows
MAY "a. 1924.
Bruue 7enesseans of The Cd Duision-lhe
Greek war, through the Divine aid of Providence,
and the valor Of those engaged in the campaign. IN
which you bore conspicuous share, has been
brought to happy termination. Good policy re-
qures that the territory conquered should be garr
soned, and possession retained until appropriated
by the government of the United States. In pur
suance ofths policy, to garrison d retain posses
sion of the Territory and to relieve the troops now
stationed at forts Williams Strother and Armstrong,
on the Coosa river, as we'll as Old and New Deposit,
] commanded by his excellency Governor
Blount. to call from my division one thousand men
in the service Of the United States, for the period
Of six months, unless discharged by order Of
The Brgader Generals, or officers commanding
the 4th. 5h, 9th. 7lh and 9th Brgades Of the cd
Division, will forthwith furnish from heir brigade,
respectively, by drafts or Uolioatary enhsmea two
hundred men. with two captains Two first, two Sc
cond. and two third lieutenants, and TWO ensigns.
well armed and equipped for actual service, to be
rendezvoused at Fayetteville. Lincoln county, in
the state OF Tennessee. ON the goth OF June next
and be organized into regiment. at winch place
the held officers and Will he ordered
to meet them.
Officers commanding the Brigades composing the
ed division of Tennessee militia, charged with
the prompt and due execution Of this order.
ANDREW JACKSON. Mai. General,
Commanding Cd Division T. NJ
1t will be seen that the terms in which this order
is expressed, proves that Gen. Jackson was him.
self ignorant of the law. His calling out of the mi.
litia on the Gath May, 1914, for the period of sr
months was itselfa violation OF the law. After the
18th of April, 1914 the militia could not be called
ou for longer term Of service than three months.
No State authority could, under any circumstances,
require them to serve for longer period. The
President of the United States only authorized
by the law, it, in has opinion the public interest re-
qured it, to retain them in service for more than
three months and any attempt to compel them 10
serve tor longer period, without the special order
of the President, was Illegal There was no such
order. The Editor Of the Telegraph says. vi
kas.u no sueh order eristed" How did he know this
but from General Jackson himself!
But, says The Telegraph, owe knew more; that
IN no case, where militia called into service
under the act of 1912, did the President issue an or
der requiring them TO SIX months ; and thai
in all cases, the call was not liited to a le:
term, the militia were mustered for months" Al
this show OF legal know ledge, and al the differences
intended TO be grounded upon ii, amount, to nothing
inasmuch as the act of 1872 had become detunct, b,
its provision OF limitation. five weeks before th
order calling out TIE militia, IN TINS case, was issued
and the OF 795. with the qualification con aimee
in the act OF April l8, 1914, the only law in ex
lstence.
We must again refer to the order of General ack
son calling out these militia in order to show tha
the great stress laid by his defenders from this lille
gal charge of illegal execution on the alarming stat
of the country, the necessity of making stern exaI
pie in order to preserve the discipline of the troop
IN the presence Of poaperm enemy, and the urgenc
of the occasion, which rendered it indispensable th;
these should be in the field, is merely the hg
coloring ottancy, and is not supportahle in point
fact. These militia were called ont merely to ga
rlson and retain possession OF the territory eonque
ed from the Creeks, until appropriated by til
government and to relieve the troops then i'll ga
rlson. his fact removes another of the gronn,
on which the severity of General Jackson. in TIA
instance, has been justified, and converted into
positive merit.
As the sole object of this article is to furnish IL
public with the materials for an accurate nlgne
as to the legality or egaity OF the conduct Of Ge
jackson, we shall close.lt with brief and smp
condensation of the points which are deducibe fro
the facts We have stated
1st. 1t is clear from the order of Gen. Jackso
that the reg giment of militia to which Harris and
fellow sufferers belonged, was directed to ren,le
vous at Fayetteville on the 2Uth June, 1911.
ody. No officer, non-conm ssioned officer,