Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-05-17


Whether Col. pipkin's regiment was so or-
dered out; and in conformity with such au-
lhCrity.''
This inquiry oftho Committee requires but
tcw words TO answer it, and TO Show that
Ii has little or no bearing on the case. Pow
e., cHcrtcd against law, gives TO right to in
ilict punishment for & refusal TO submit to
is usurpation. Haying shown that the pow
cs exercised by Gov Bieunt, IL orderity oui
militia CRAFTS for n six months tour Of DUTY.
'ilnder co'eur OF authority derived from the
Ircsident OF the United States. was u viola
ton otlaIv and an OUTRAGE upon the rights
OF the citizens particular detail of the
manner IN which this Outrage was commit
ted, becomes perfectly iInmaterial. The
Committee arc welcome TO all the advan-
sa@e which lis ''notoricty" can gave TO if
he whole affair, so far as ii regarded length
OF service, was legal
Ihe only remaining inquiry propou.ded
by the Committee which requires to be an
swcrcd, Is the third. 70 that will ..ow d-
rcctmy attention. L contains two PROPOSE
tons.
1st. "IFhesher tho soldiers Of Col. Ftp
Ems regiment, wlo were arraigncd ior ccr-
tam crimes and offences before . Court
Martial which convened at Mobile, on the
18th OF December, 1914, were legally tric,!?''
2diy. "Whethor the Commanding Gene
'a', approving the proceedings ofthis Court,
properly exercised the power ana discretion
vested in him b. Iaw'
'the first of these propositions appears
Taught with that SORT Of ambiguity which
r1:nders /: soncw,Ia. doubtful as TO ilop, it
was intended so he understood. The Ian
sltagc IN whicli It Is couched would induce a
belief that the Committee Wc:o about to con
slider the constitution OF the Court, and the
mode Of lis proceedings; when the whole ci
their argument goes 10 the sentences pro-
noisaced By Ii, and cot as TO the trial itself.
Yrlal and condemnation are very different
\ man may be legally tried, bnt very illegal
y condemned: because his condemnation
may be against law and c.iden2e Such, rs
teel convinced. was the sentence in the
case under consideration. But, in order
that nothing may be passed over unnoticed
which has the least bearing on The case,
will first consider the legal constitution OF
the Court. think it has been abundantly
shown. that the utmost legal Term tor which
the regiment OF which these men formed :.
part could be called TO serve, was three.
months. and three n2opths onIv huniedi-l
ately after the expiration cf that term. thc
obligation Oh the part OF the men TO OBEY,
and The authority OF the officers to command,
ceased. III am right j. this position, then
this was not legal Court t,Iaytiai, and, con-
sequcntiy, could nos legally tn any person
whatever ih!s regiment, officers is well
as soldiers, were rot legally IN service ;ii,el
they had completed their three mcnfhs' tollr
Il ein:y. 'Ehc officers could not, therefore.
legally seive as members OF Court Martial,
alter the expiration ofthat Iin4c; rs they were
not then legally in service. Three Of ;he
seven members oi this Co,uf-Wcra officers OF
this regiment, whose legal Iernl Of service
-
Der, could net be Legally qualified TO act a
members OF a Court Martial OF the 9TH Of
December following. Then legal AUTHORITY
10 assume command in Tie service Of the D.
nitcd States having expired more then two
months previously. On that occasion t!.cy,'
were no more legally qualified 10 act, ti,an
any ether advcnturers WHO might tiIillk pro,
I'er t. oltcr their services. / am alTarc chat
shall be answered, that this might have
been good cause OF objection or challenge,
and that having been waived it is now too
tate to urge it. ] know that, strictly sneak
ing, that is correct bit, lot inc ask when a
subject Of this kind comes 10 be examined
by mon who aspire to the rank of statesmen
IS il lifr to expect OF them chat they will urge
the ignorance Of poor friondless militia
man, as constituting The legal qualifications
ofthe members Of Court MdrtiaR 1.-the
do, they very much impair their claim 10 the
character tny assume. In This view OF thc
case, feel confident that this Court Martial
was by no mems legally competent to pro-
nounce sentence Of death ppou any person
for any offence whatavcr. HON every t}iing
which has been Developed concerning il !
feel warranted in saying that it yo:y much
resenblcd one Of those sham tribunals,
known in some foreign services by the name
ola Drum Hsqd Court Martial. Disclosing
this part Of the subject shall next under
take to follow the Committee in thcir attempt
to maintain the legality Of the sentence pro
nounced by this very extraordinary Court
Martial, which at once presents the ;,holc
subject matter again for discussion.
have already shown, b. facts and az
gumonts ghjch, in ny opinion, defy contra