Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-07-06


been outraged for the purpose OF screening inc
living offender from the Just indignation OF
neonIe. 10, whose honor and whose lives ne has
shown himself equally Indifferent If the exc
cution of these men was legal and Just aud ex-
Incident. why was this attempt made.
Under The persuasion that even the Nashvtiie
Committee must be satisfied with the proof OIL
fered. thai General Jackson "causedfhe ereeuf'on
of sic niiitio men," | shall now proceed 10
show the grounds upon whirh II is assumed,
that the "crimes," improperly so called, Tor
which they were executed, were "committed al
Ter their term of service had expired" These
are the fac,s:-
By an act of Congress, approved the 2sth
February, 1895, the term OF militia service IS
limited 10 three months. Under this act, the
Governors OF States are empowered to call out
their militia in cases Of local invasion or lmml-
nent danger.
On the 10Th of April, 1912, another law was
passed "to authorize detachment from the mi.
ii,ia of the United States" the third section oil
which enacts 'sthat the said detachment shall
not be compelled to serve longer time than
sir months This law was limited in its ope-
ration 10 TWO years, and Of course expired on
the 10th April, 1914.
On the ll,h April, 1914, Congress passed
third law, the 9Th section OF which contains the
following words:-"that the militia, when call
ed into the service Of The United States, by Sir'
tue Of the above recited acls, (of February 2sth,
1889 may, if In The opinion of The President 81
the United States the public good require 1t, be COM
PEELED to serve for a term not exceeding SIC
months, after their arrival at the place oil rem
devious, III any one year." This act was pro-
mulga,ed, By publication in the National Intel
ligencer, on the 3olb Of April
BY Niles Register, vol. vi. p. 29s, it appears
that General Jackson's order, calling ont draft
from his division Of the militia, is daIed the
gath May, 1914. The following is an extract
from that order, as given by Mr. Niles. 81 am
10 call from my division one thousand men IN
into the service Of the United States, for the
period of six months, unless sooner discharged
by the President Of the United Stales.'
From the language Of this order, it is clear
that Governor i3lount makes himself the Judge
Of the necessity of the six months service, in
stead of leaving it to the President, in whom the
law vests the sole po,Ce, 10 determine the length
Of service
But if Governor Blount acted under direct
authority from the President of the United
States, then General Jackson must have been
made acquainted with that authority; and the
fact ought to have been embodied in his order,
that no doubts might remain on the minds of
those called into service, as to the period OF
that srrvice-This was the more especially
necessary, as the Law of their own State
corresponded with the act of Congress of
i7es, in limiting the term of service to three
months: and as, even during the existence Of
the Law of 1912, they had been INDUCED with
this limitation of service by express authority,
from the President. They were familiar with
no other law, accustomed to no other service;
and if therefore, they were now called out by
an authority paramount to that OF the law and
the custom to which they had been habituated
this fact should ha c been distinctly set forth
in the order. If, on the contrary, as would
seem to be the fact, Governor B,ount issued
his order to Gen. Jackson by virtue Of his au-
thority as Gouernor o|ihe STATE, then he must
have acted under the Law of 1895; which gives
a conditional power to call out the militia for
three months only: unless, indeed, it be contended
that under the act of 1914, the Governor Of he
State had the affirmative right to order six
months service, while the President of the Unit
ed States had only the negaiivs right to prevent
the extension Of the service beyond that period
"a construction which it is scarcely possible
the most hardy latitudinarian would adopt.
Did the President Of the United States issue
an order authorizing this draft of the militia
for six months service, or did he express an
opinion that the public interest required it?
If he did, the order, or the opinion, must be on
record, and may reproduced. Let it be pro-
duced, * it will be admitted that the militia so
called out were bound to obey. But even in
that case, unless they had been distinctly in
formed of the order contend that the acts of
mufiny SO called, ought to have been looked at
with an eye ofmercy-if not by the Court Mar.
tial. certainly by General Jacskon, with whom 1t
rested to give effect to their sentence, and
whose omission to give the proper information
led them into their fatal error.
On the other hand, if the President issued
no suchorder, then it is undeniable, that the mi
litia called out under the authority of Govern
or Blounl, however that authority may have
been expressed, were not bound, and conld not
be legally compelled to remain in service long.
er than three months. This being the fact, by
the expiration Of their term on the 10th of Sep.
TENDER, they becamr, ,pso facto, discharged
from the service of the United States, and re-
possessed all their civil rights as citizens For
L..