Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1828-04-10


letters. which passed between the then Secre-
.Ary, eenersl Armstrong, and Governor Blount.
instead OF commencing the series with the let
Ter hrst IN date. by which the induccment
would be shown for the reply, this oider is
inverted, and the series commences with let
ter from the Secretary OF War, Of the 81 of
January. 1914, marked No 4; and bis letters
are contiaued TO No. Sit SO happens, that
the first letter in date, is as low down as No.
Gov. Blount's of The 10th of December,
1915; and the second letter in date, IS No. -
Governor Blount'S. ofthe Oath of December,
1913; to both Of which, the letter Sd of Jsnua-
ry, 1914, of the Secretary of War, is an an.
swer.
Your Committee believe that this arrange.
ment of the correspondence, is calculated to
lead To serious MISREPRESENTATION; that reader,
not very attentive To comparison OF dates,
would suppose that The letter OF the Sd OF Jan.
uary, 1914, referred to such militia drafts as
we're to be made in that year, when it is exeIu
sively applicable to the drafts which had been
made ia 1913, for the prosecution OF the Creek
war, and which were admitted to have been
executed but for three months.--Ihe injus.
lice, which by confusion OF dates, would be
done, even by possibility, tothe parties con
cerned in the transactions of the militia drafts
OF Tennessee, which were made tor SIX months
in 1914, by applying the letter of tue Seciets
~ OF War, of the Sd OF January, 1914, to sub.
ssquent drafts for SIX moalis, instead of those
winch were made in 1918, for three months,
has induced your Committee so to arrange the
correspondence, that the leading letter. ~ the
| series. should come out FIRST, and the sabse.
quent letters follow in the natural order of
their respective dates. This obviously Just
| classification being observed, it will be per
ceived tina, the letter of the Sd OF January,
1914, has no bearing upon the drafts OF militia,
which were afterwards male for SIX months, IN
the progress of that year. by the Governor of
Tennessee, of which the regiment under the
| command Of Col. pipkin composed OF part.
perusai OF the correspondence just rec,ted,
of the muster rolls OF he different companies
Of Col. Pipkin's regiment, and the proceedings
ofthe Court Martial which was Convened Eat
| Mobile, on the 5th of December, 1914 for the
trial of ain Tennessee Mittiamen," present
upon their face tue following nquires:
LIST. Whether the Governor of Tennessee
| had the power to order out detachments of the
| militia of that State, for six months tour of
service?
| 2ndly. Wheeler Col. Pipkn's regiment was
| so ordered out, and in conformity with such
authority
3dly Whether the soldiers OF this regiment,
who were arraigned for certain crimes and OF
fences before "a Court MaS,n which convened
| at Mobile on the 5th Dec. 1914" were legally
tried; and whether the commanding General,
approving the proceedings OF tins Court. pro-
perry exercised the power and discretion vest.
! ed in him bylaw
| IN re alton Ia the FIRST branch Of the inquiry,
| it viii be proper TO premise. that, on the 10Th
I April, 1912, in anticipation of the war about to
take place, congress passed an act, which viii
! be found in the 9Th volume ofihe laws OF the
| United States. page 4U6, which autbor,ses the
President ',o require the different Executives
OF the States. to organize their respective pro
portions of 100, 600 militia, and to call I0io ser
vice the whole, or part OF these quotas (Which
/ detachnents were not compelled I'd serve lon.
ger than six months, after they srr,ved at the
| place OF rendezvous" This act was an enlarge.
ment OF the act of l795. which restricted the
! service ct the militia, when called out by the
! authority 81 the u. States, TO three months.
The act ofthe 10th OF April. 1879, expired
by its own limitation on the l0.h Of Npri, 1914.
On The 1ith OF January, 1914, whilst. howe yer,
| this law was in full force the then Secretary
of War, General Armstrong, wrote the letter,
numbered two IN the document, 10 Governor
Blount, which authorises him ITO supply, BY
! militia drafts, or by volunteers, any deficiency
| which may arise in the militia division under
The command of Major General Jackson, and
sSt.ho1a referring on his head TO this Depa,tmen,;"
| and fur tl,er informs Gov Blount that ",t may
| be well that your Excellency consult General
Pinckney on such occasions, as he can best
| Judge OF the whole number necessary to the at
tanmsnt OF the public Objects
This iettef, in the opinion of your commit
tee, vested pIenary power in Gov. Blount. IN
iii 1t was revoked, either by express orders, or
by pearce, to call out such militia drafts as in
his discretion, h. might think necessary ''for
the attainmen, Of the public Objects" under
the existing laws.
On the 18th OF April. 1914, 4,h vol. Laws
of the United States. page 70S, section 8,
Congress enacted shat the militia, when call
ed into the service OF the United States, by vir
tue of the before recited act, may, it in the o.
oinion Of the President Of the U. States, the
public interest require %, be compelled TO serve
for term not exceeding SIX months. after their
arrival at the place OF rendezvous, IN any one
year. This law was TO continue in force during
the war,
After the pssssge Of this act. il does not ap-
pear that the President revoked the power
which he had given to Gov. Blount, by virtue
OF the letters OF the Secretary of War, OF the
lib and 3lst January, 1914; but be seems to
have been wiling from his silence, coupled
With the notorious fact Of Gov. Blount's con-
inang to order out militia drafts, under the
discretionary authority OF those letter, TO con
slider that such drafts as Governor Blunt
shouIc order our, were in his opinion, reQuir-
ed "by the pubic interest"
And your committee think, that this propo-
sition may be put more atfirmatlyely to witt