Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-12-01

made solely for the public BY way vndca,ion agsns,
your !-ounded aud unchsritable suggestions.
TIE AUTHOR.
Fer THE CONSTITUTIONAL WING.
THE SIX MILITIA MEN.
The friends and opponents Of Gen. Jackson
ograe the pfopriety an necessity cea ry under
standing the fccfS with killing of the six
militia ensIeat, Therefore, that tese facts may
be examincd with ds,erniuat on one side 70
eontetn, nor ON the other 10 approve but with single
the truth, and the principal tor in
the scene, either praise cenure justice may require
During the with Ciieat Britain, in summer and
fall of 1872, war also existed between this country
and the Creek Indians. draft of militia made
Tennessee, 10 carry this latter war, Gen. Jack
SON, militia officer belonging ,o.the
lar army, selected the of that State to
command them. The law then in orce in Tennessee
the only law which the had the sbectaud
with which her citizens familiar, required the traits
om,litia be held in service longer three months
The law Of the United States force the same pc
Rod, was passed on the 10Th April, lsl9-voIv, page
06-and required that they should held to serve
longer time than months after they aiped at lie place
Of rc,desUaus The draft just mentioned caimed-asI be-
licve every draft from that State both before
has clai,uela discharge the ed of three months ac-
cosding TO their law, with which they were familiar
What has since been called mtiny by Gen. Jackson
existed among this draft arising from this claim, aud
tFom their resolution to return home-a resolution no
doubt strengthened by the knowledge that all fellow
citizens previously drated had been discharged at the end
nj three months. Either at this, some pecedina
time the subject brought notice of the Presi
dent of the United States and The Governor of Tennessee
and both Of them decided, that the militia should be held
under Hi ato, only for .Hree months And aoush
extreme violence and punishment had been re Il,
them, they permitted reluctantly by General
jackson, and did return To their homee
the six months had expired His conduc, ON the occ,
sion, and the which he relied his iuca-
ton, may lie in his Life, chap written under his
observation, by his friend Maj. Eaton; and these
furnish much matter for comment But they are
now referred tosoley to show that his
particularly called this law: and that he was igno
rant of lis terms, of the time when it EXPIRED his i
norance was most cupable. The truh is, he was per-
fecy acquainted with il aud with tile opinions OF those
who had right to cons'rue it aud govern him.
after this he erred, he is without excuse
Other drafts of the Tennessee militia became necessary
and the distance Of the General Government from the
of the opera ton induced the Executive through the
War Department. write the Governor of the State
giving him authority call the militia when necessa
ry without referring before tina Department This
letter is as follows:
'Wdr Department, Jaaa. 10 1914,
"SIn: You are,au,horised supply by militia drafts
"or by Volunteers, any deficiency which may
i'lnit.a division under The command Major Gen Jack
son and without referring the head depar
1T may he we'll that your exceency consult Gen. Pine
ney such occasions, he best judge choe
'n,tm6er necessary the the publc OBJ
"Jects lSignedj -. ARMSTRONG;"
rhe only authority in, letter is call GU: the mi
Ii,ia "wthout referring" the War Department But
the terms and times prescribed. nor are they
left discretion of Governor of Tsnnessee M
such discretion could have been transferred He was 10
call many wanted; hui he was IN do II
under The hr The President had power to disregard
disobey the law He could no suc, oowe
lish this letter giving unlimited authority to the Go
call the militia they either misunderstood
n'isreprsseni the force aud object Of it, We
the draft and obligation by the law itself
One of the dangers be apprehended the election
of Gen. Jackson is, that he will Substitute his inn
aud Judgment the lac; his defenders over
look the law, and substitute the will of the Executive
expressed in this letter. they give additional for
alarm If they think This justifabie, what will they no,
think and do?
Let us pursue the case On the of Nav 1914
Gen. Jackson, by general order called out ano,her
draft of militia, and for sic months 1t was under
H,is order of Gan iacksnu that the sir ntiin men,
part of Col Pipkin's regiment, brought into service
They ordered rendezvous Fayetteville on the
Goth of June This then is the time when under liza,
ORDER they arrived the place of rendezvous" and from
which their term OF service TO be computed. See
the Law.
This order of Gem jackson, has been offered hy him
self and by his friends where, Justification for
holding this draft of service for six months Fhry
drafted say they, for six months, therefore it
was right to hold them in service for six months;
punish them for attempting to home before the ex-
pration OF that time. Is this m Is not ptif,l and
unworthy OF the questiou-unwory entirely Of
the high pretcnsions made for and by the Gene aR Let
us see
Cen Jackson had power sry other order than
such the law authorized If The lar not authorize
draft for months, he had powert order one fur sy
months; and this very order gross violation of the
law And If this be he and his friends are attempting
justify his act in the destruction Of these another
AIT of his which was in itself violation of law. lie
first shoos six militia and then pocsins tha he did
himself had been guilty Of absu his
power 10 their injury.
Was ibis order by which they called into service
legqR What the law? The law nf the IItb Aprij
1872 had expired on the 10Th April 1914 From this time
the 18th of the month"; there was no la in force
Nut that of the 2Gh February 1885, which expressly orid
the militia TO be held in service longer than three months
On the 18Th April |l4 another lav passed. which.
tic 9Th section provides that when called service
BY virue If He MT IF 1875, they 'nay If in he opinion Of
the President of tie United States, Me Pit interest re-
quireS IL, be compelled term not exec edro
sir months after their Arrival the place Rendezvous
in any year, They he c1Led INTO seycic unJe
80
three months. After being called into service they
rnsy compelled to six months, If in Tie opinion Of
the PresdeHt the public interest requires it, The ONLY
law then in furcc Cor calling Them that of I7o5
Could General Jackson by any delegated power from the
President could the President himself call them for
longer period than three months? The who thinks
that either of hcp could do so is scarcely t
ard administer law. After they called did the
President decide that the public interest ,equed them