The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1828-03-13

arstr nr 'aon 'ffsr iriH sbmrfEf. ~. ly sesneucc
- Count Martial, shalt e iufirte17
These facts, AID these p,rciples furnish a
complete indication of thc Cont ~ huse psiustl
duiy II vas 70 condemn six Of their fellsRcs
1ens 80 severe Il ignonnoes punishment
But # all the reasoning Of yeut committee was
absurd and yalneiess as 10 The fact that these
m7n we're righfully in service fDT SIX mantns
aud II were even admitted that thry were drdf-
ted bat for three months. the proceedings OF The
Court would stand without SPOT, blame, or legal
impeact lent. As the criwes for which these
unfortunate human beings Suffered death were
committed before three months o ftheir tern Of
service had expired and by the l2rh section Of
the act Of oftte 18th April 1911 which was
then IN full force aud which provides. that ary
commissioned officer, non-oonrmissioncd officer.
musician or private Of the militia Of the Uuted
states, "no shall have committed AN offence
while IN actual service Of the United States may
be trIed and punished for the sane altho' his
term II service may have expired, IN like man
ner rs II hr Had been actu,iIvi in the service of
the tntted States - il IS therefore obvious that
fheve men could Be legally detained for trial and
punishment, event. they could Iaye been con.
sIdcred as in service bul for three months
That they had fair and impartial tr.d YOUR
COMMITTEE see no reason no dauht, aud the mere
fact ottheir tutors being their own officers, fel.
lo".citzens. and probably, eleibots secured
The presence o. that sympathy which leads to
the most mercitid Interpretation (wherc it Is
INST 10 apply ~ ofthe conduct and motives OIL
Others.
That '1rReral Jackson, commanding in chief
in the Military Division in which these events
TRANSFERRED properly exercised the power and dis
cretion vested ia him, hy law, by approving The
procecdll g oftus Court your committee, Ike
wise. perceive no reason 10 doubt. 1t is true,
that they were approved on the 22d of Januarv
fourteen days aiter the victory ofthe Sth bV
which the enemy had been leBu'scd from the
Mississippi But the General was al this tine
Iqnpraui Of the paciicaton ri Ghcnt, ant more
over must have been apprized that par, Of the
enemy had gone round, aud had concentrated
his tnrecs in the neig hborhDnd OF Mobile IN dat
very vicinity where these outrageous acts Of in
>ubordnatlon, nutiHy, and dcsertion, had t5k-
en- placr That such a concentration Of tnc en-
elny forces was affected is a fact beyond all dis
pute, as. ON the llth ofFcbruary, Tort Boyer
Was attacked and captured.
he commanding General must also hive
known that II was on volunteer or militia drafts
the defence ofthr Southern coast would test
whilst tha faPraat mntinies and dcsnrtlous in
the campaign OF 1913, of he militia drafts Of shat
wear mus have adrnonishcd him ofthc necessity
of striking a severe, yet salutary example in
tn" minds Of those who were liable to be ms
led
Although the cemency Of the General was
not invoked by The Court it is true. he might
have parioa I'd these victims Of their own crimes
bntthere ARE occasions when mercy ishutanothcr
naolc for weaknesses when even severe aud un
iirnnrss in the discharge Of our duty 5,
the most perfect justice we can render TO cur
country.
The examples Of this stern and enlightened ius-
tcr, are scattered throughout tnr pages Of His
tory, not ton the shhorrence bat the respect oil
mankind they are found not only in the most
instructive morals " Lich the lessons of antiquity
afford. hut they illustrate the Incompatible ser
yireN of aim, who WAS, and Hii be Neuerated, as
the Father of our Country
In conclusion. your committee will barely re-
mark. that as the acts oi 81 and lSl4 expired
the one bv Us oan limitation and the other by
the termination otfhr war they see nothing in
the tr8I,s lion which it has treu their duty 10
examine, from its origin TO it. close which calls
for the legislative interference of this House. III
the shape Of any amendment 10 ihe Rules and
Antilles al Wan Oh 10 the existing laws governing
the militia whilst in the service OF the United
States