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

! inc 21th Oh May, and 25th of June prece
ding, order all the militia remaining in ser
vice under the command of General Jackson
to hc discharged; and that the last of these
orders being acknowledged by the General
to have been received by him on the 3ist OF
July, 1914. these men, from that day forward
were not legally subject to be retained in ser
'icc: consequently, any attempt to exercise
marital law over them at that period, was a
violation OF their constitutional rights. At
ter the view have presented of this case. il
VIII be entirely unnecessary to follow the
committee with z resGtation of their asser
tons about e,escrtion. &c. saw assertions
hecause every one will look in vain for Ell
their low, evidence, or argument on that
mead. Iilis charge of iesertion, so often re-
Peated by the Committee. ard which. with
robbery and spoliation, forms such consoic
uoHs feature in their report, Is, on their part.
entirely gratiiltons; at least, as it respects five
OF the EiiHlhs. As to all except one. these
crimes were not charged upon them on
t:icr trial, and could have found 8, place in
inc report from 10 other cause than a means
OF adding iinish by way of symphony. WHY
the Committee should have travelled out Of
record, to mention these subjects. viii not
pretend to determine: 1t Is sufficient {or !ny
purpose TO refer to the fact OF their having
Gone So. and leave others to iu.iac O.
rs Ji5Gce and propricty The ques-
non OF muiiny as entering essentially into
Tie offences Tor which these men were ~
E'igned and tried, is one which, in its gene
raj character. Is more difficult 10 define
llan any crime recognised by our laws.
lho term aaafiRJ, although ii has been
long III use among military Inen. seems no;
TO have been defined in Il very sat.,fa cto
ry manner. The writer's On in,lita-y law
have been comparatively few, and hence
the Stea: uncertainty as to what, in :, cen
cfal sense, constitutes the crime. II the
rules and articles Of war, there are certain
specified oiIcrses. which arc declared to i,c
lnutn!F; bat this goes very I;,;lo towards dc
teEminlng the import cfthe word. which is
applied in this arbitrary manner 10 nurne.
rous offences very dissinliiar in their naty,re
1t does nct appear from the evidence in tits
case, that any OF these men had been guilty
Of any Of the offences Of which in -. rules
ard articles OF war, are spccifcaliy known
ard recognised as acts OF inutinY. Their
case, on the general charge, must be ju,iged
OF by the best Lights which can be collected
from tho books OF authoritY OF that subject
10 Il person who has never undertaken any
fhin9 OF uIe KIND, tbs might sccra 10 .,- an
easy tgsk. Not so. After nuci. cXain:na-
ton. have been able 20 l:Gd but Very III
lie indeed WiEich goes directly - t.. point.
VI lie writer: VINO treas o: TIN; subject, :!!at
II cas- Deem ii lay power ID refer -, the
Lost comprehensive and explicit, : T.. sam
nhl, Wiic@1 "o:;. Was publishes; - .nas'oa
IN 1916. This author discusses Tue subject
at some !e.lgth, examines the history t,i the
most prominent cases in the British service.
and finally concludes, that Inatiny is ..rcbei-
Ing against lawful authority" | presume
hat 10 one III .!ls country VIII accuse an
i4ntiIisl writer, whose work is dedicated 10
h!s Royal tiiCi!neas the Duke OF orr ana II
haily, OF wish 10 pioE0uig gate doct rncs cal
*"iatcd 10 impair the discipline of Itc arnly
According 10 his definition CT the crime 81
inutinI', there must haze been. in order -
constitute he crime Il lawful authority
and ''rabol!;ng,' against tl.st authority.
What was the authority which IN this case
was refused to be o5eyed? The authority
SCI up and claimed, was tho power to com
pei the performance OF six months tour OF
dat. TO this Illegal assumption Of power,
the men il question refused to weld obcai-
encc; and. at the expiration Of three months,
they quit the camp, and returned to their
respective homes. Here was no ''rcbcIng
lawijh authority against which to rebel
thc post 1t which they were stationed had
been confded 10 the exclusive command o!
militia officers; their authority to command
had expired with their term OF service; there
was, therefore, in thc breaking up OF the corps
and The return Of tho iDcn 10 their homes, no
rebellion, 10 Rltjiny. II was a sort Of inter
Tcgnum ii '"hicl thc:c was no legal military
authority. Such instances were common
during the jats war. Gen. Jactsou's cor
.rcs?ondence with the Secretary Of y ar mon
tons numerous instances ofllks conduct, and
many of Il rIrch more objectionable kind
al oil which passed off, without any attempt
70 inillct punishment. Indeed 50 far from
any thing Of the sort being attempted, homo
fa5ic discharges and full pay lad always
been awarded to troops in that stu
alton; who amounted in all to a great man,
thousand mon. Il would be useless waste
of time, to take up and again rcfute the as
sortion Of the COMMITTEES, that mutiny wa.